UN: General Assembly Statement Affirms Rights for All; 66 States Condemn Violations Based on Sexual Orientation and Gender Identity

From Human Rights Watch

UN: General Assembly Statement Affirms Rights for All

66 States Condemn Violations Based on Sexual Orientation and Gender Identity

December 18, 2008

(New York, December 18, 2008) - In a powerful victory for the principles of the Universal Declaration of Human Rights, 66 nations at the UN General Assembly today supported a groundbreaking statement confirming that international human rights protections include sexual orientation and gender identity. It is the first time that a statement condemning rights abuses against lesbian, gay, bisexual, and transgender people has been presented in the General Assembly.

The statement drew unprecedented support from five continents, including six African nations. Argentina read the statement before the General Assembly. A cross-regional group of states coordinated the drafting of the statement, also including Brazil, Croatia, France, Gabon, Japan, the Netherlands, and Norway.

The 66 countries reaffirmed "the principle of non-discrimination, which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity." They stated they are "deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity," and said that "violence, harassment, discrimination, exclusion, stigmatization and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity."

The statement condemned killings, torture, arbitrary arrest, and "deprivation of economic, social and cultural rights, including the right to health." The participating countries urged all nations to "promote and protect human rights of all persons, regardless of sexual orientation and gender identity," and to end all criminal penalties against people because of their sexual orientation or gender identity.

According to calculations by ILGA (the International Lesbian, Gay, Bisexual, Transgender and Intersex Association) and other organizations, more than six dozen countries still have laws against consensual sex between adults of the same sex. The majority of these laws were left behind by colonial rulers. The UN Human Rights Committee, which interprets the International Covenant on Civil and Political Rights (ICCPR), a core UN treaty, held in a historic 1994 decision that such laws are rights violations - and that human rights law forbids discrimination based on sexual orientation.

Human rights violations based on sexual orientation and gender identity happen regularly around the world. For example:

• In the United States, Amnesty International has documented serious patterns of police abuse against lesbian, gay, bisexual, and transgender people, including incidents amounting to torture and ill-treatment. The United States refused to sign the General Assembly statement.

• In Egypt, Human Rights Watch documented a massive crackdown on men suspected of homosexual conduct between 2001-2004, in which hundreds or thousands of men were arrested and tortured. Egypt actively opposed the General Assembly statement.

• The International Gay and Lesbian Human Rights Commission has documented how, in many African countries, sodomy laws and prejudice deny rights protections to Africans engaged in same-sex practices amid the HIV/AIDS pandemic - and can actually criminalize outreach to affected groups.

The signatories overcame intense opposition from a group of governments that regularly try to block UN attention to violations based on sexual orientation and gender identity. Only 60 states signed an alternative text promoted by the Organization of the Islamic Conference. While affirming the "principles of non-discrimination and equality," they claimed that universal human rights did not include "the attempt to focus on the rights of certain persons."

At first, the Holy See had voiced strong opposition to the General Assembly statement. Its opposition sparked severe criticism by human rights defenders worldwide. In a significant reversal, however, the Holy See indicated to the General Assembly today that it called for repeal of criminal penalties for homosexual conduct.

This year is the 60th anniversary of the Universal Declaration of Human Rights, and the General Assembly statement reaffirms the reach and breadth of UDHR principles. The statement is non-binding, but restates what UN human rights bodies have repeatedly said: that no one should face rights violations because of their sexual orientation and gender identity.

Navanetham Pillay, the UN high commissioner for human rights, strongly supported the statement. In a videotaped message, she cited South Africa's 1996 decision to protect sexual orientation in its Constitution. She pointed to the "task and challenge to move beyond a debate on whether all human beings have rights," to "secure the climate for implementation."

Since the Human Rights Committee's landmark decision in 1994, United Nations experts have repeatedly acted against abuses that target lesbian, gay, bisexual, and transgender people, including killings, torture, rape, violence, disappearances, and discrimination in many areas of life. UN treaty bodies have called on states to end discrimination in law and policy.

Other international bodies have also opposed violence and discrimination based on sexual orientation and gender identity, including the Council of Europe and the European Union. In 2008, all 34 member countries of the Organization of American States unanimously approved a declaration affirming that human rights protections extend to sexual orientation and gender identity.

Earlier in the day, the General Assembly also adopted a resolution condemning extrajudicial executions, which contained a reference opposing killings based on sexual orientation. Uganda moved to delete that reference, but the General Assembly rejected this by 78-60.

The signatories to the General Assembly statement are:

Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.

The 66 countries reaffirmed "the principle of non-discrimination, which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity." They stated they are "deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity," and said that "violence, harassment, discrimination, exclusion, stigmatization and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity."

United Nations General Assembly statement

More articles and news related to this historic resolution can be found at http://queermuslimrevolution.blogspot.com.

ILGA delegation rallies support for UN statement

From ILGA - the International Lesbian and Gay Association

ILGA delegation rallies support for UN statement

UN: 66 States Condemn Violations Based on Sexual Orientation and Gender
Identity

http://ilga.org/index.asp

The statement read by Argentina and the counterstatement read by the Syrian
Arab Republic that immediately followed can be seen respectively at 2:25:00
and at 2:32:00 in the video archived on the UN website and marked as "18
December 08 General Assembly: 70th and 71st plenary meeting - Morning
session".
http://www.un.org/webcast/ga.html

______________________________ __________________

ILGA delegation rallies support for UN statement
UN: 66 States Condemn Violations Based on Sexual Orientation and Gender
Identity

(New York, December 18, 2008) – In a powerful victory for the principles of
the Universal Declaration of Human Rights, 66 nations at the UN General
Assembly today supported a groundbreaking statement confirming that
international human rights protections include sexual orientation and gender
identity. It is the first time that a statement condemning rights abuses
against lesbian, gay, bisexual, and transgender people has been presented in
the General Assembly.

The statement read by Argentina and the counterstatement read by the Syrian
Arab Republic that immediately followed can be seen respectively at 2:25:00
and at 2:32:00 in the video archived on the UN website and marked as "18
December 08 General Assembly: 70th and 71st plenary meeting - Morning
session".

http://www.un.org/webcast/ga.html

A delegation of international activists was present in New York to lobby UN
missions of various states. Thanks to the presence of the activists, it was
possible to rally more support for the declaration calling for
decriminalization of homosexuality. The presence of the delegation in New
York was made possible by the financial contributions of the Ministries of
Foreign Affairs of the Republic of Germany and the Netherlands to ILGA and
the cooperation with COC Netherlands.

The components of the delegation were:
Belissa Andia, ILGA Trans-secretariat, Instituto Runa (Peru)
Linda Baumann, Pan Africa ILGA, Rainbow Project (Namibia)
Gloria Careaga, co-secretary general ILGA, El Closet de Sor Juana (Mexico)
Beto de Jesus, ILGA-LAC, ABGLT (Brasil)
Anna Kirey, ILGA-Asia, Labrys (Kyrgyzstan)
Rev. Jide Macaulay, Pan Africa ILGA, House of Rainbow (Nigeria)
Pedro Paradiso Sottile, ILGA-LAC, CHA, Comunidad Homosexual Argentina
(Argentina)
Renato Sabbadini, co-secretary general ILGA, Arcigay (Italy)

The mission was coordinated by John Fisher and Kim Vance of Arc-
International with the help of Joyce Hamilton and Bjorn van Roozendaal of
COC Netherlands.

The statement drew unprecedented support from five continents, including six
African nations. Argentina read the statement before the General Assembly. A
cross-regional group of states coordinated the drafting of the statement,
also including Brazil, Croatia, France, Gabon, Japan, the Netherlands, and
Norway.

The 66 countries reaffirmed "the principle of non-discrimination, which
requires that human rights apply equally to every human being regardless of
sexual orientation or gender identity." They stated they are "deeply
concerned by violations of human rights and fundamental freedoms based on
sexual orientation or gender identity," and said that "violence, harassment,
discrimination, exclusion, stigmatization and prejudice are directed against
persons in all countries in the world because of sexual orientation or
gender identity."

The statement condemned killings, torture, arbitrary arrest, and
"deprivation of economic, social and cultural rights, including the right to
health." The participating countries urged all nations to "promote and
protect human rights of all persons, regardless of sexual orientation and
gender identity," and to end all criminal penalties against people because
of their sexual orientation or gender identity.

According to calculations by ILGA (the International Lesbian, Gay, Bisexual,
Transgender and Intersex Association) and other organizations, more than six
dozen countries still have laws against consensual sex between adults of the
same sex.

The majority of these laws were left behind by colonial rulers (see Human
Rights Watch report The UN Human Rights Committee, which interprets the
International Covenant on Civil and Political Rights (ICCPR), a core UN
treaty, held in a historic 1994 decision that such laws are rights
violations – and that human rights law forbids discrimination based on
sexual orientation.

Human rights violations based on sexual orientation and gender identity
happen regularly around the world. For example:

• In the United States, Amnesty International has documented serious
patterns of police abuse against lesbian, gay, bisexual, and transgender
people, including incidents amounting to torture and ill-treatment. The
United States refused to sign the General Assembly statement.

• In Egypt, Human Rights Watch documented a massive crackdown on men
suspected of homosexual conduct between 2001-2004, in which hundreds or
thousands of men were arrested and tortured. Egypt actively opposed the
General Assembly statement.

• The International Gay and Lesbian Human Rights Commission has documented
how, in many African countries, sodomy laws and prejudice deny rights
protections to Africans engaged in same-sex practices amid the HIV/AIDS
pandemic – and can actually criminalize outreach to affected groups.

The signatories overcame intense opposition from a group of governments that
regularly try to block UN attention to violations based on sexual
orientation and gender identity. Only 57 states signed an alternative text
promoted by the Organization of the Islamic Conference. While affirming the
"principles of non-discrimination and equality," they claimed that universal
human rights did not include "the attempt to focus on the rights of certain
persons."

At first, the Holy See had voiced strong opposition to the General Assembly
statement. Its opposition sparked severe criticism by human rights defenders
worldwide. In a significant reversal, however, the Holy See indicated to the
General Assembly today that it called for repeal of criminal penalties for
homosexual conduct.

This year is the 60th anniversary of the Universal Declaration of Human
Rights, and the General Assembly statement reaffirms the reach and breadth
of UDHR principles. The statement is non-binding, but restates what UN human
rights bodies have repeatedly said: that no one should face rights
violations because of their sexual orientation and gender identity.

Navanetham Pillay, the UN high commissioner for human rights, strongly
supported the statement. In a videotaped message, she cited South Africa's
1996 decision to protect sexual orientation in its Constitution. She pointed
to the "task and challenge to move beyond a debate on whether all human
beings have rights," to "secure the climate for implementation."

Since the Human Rights Committee's landmark decision in 1994, United Nations
experts have repeatedly acted against abuses that target lesbian, gay,
bisexual, and transgender people, including killings, torture, rape,
violence, disappearances, and discrimination in many areas of life. UN
treaty bodies have called on states to end discrimination in law and policy.

Other international bodies have also opposed violence and discrimination
based on sexual orientation and gender identity, including the Council of
Europe and the European Union. In 2008, all 34 member countries of the
Organization of American States unanimously approved a declaration affirming
that human rights protections extend to sexual orientation and gender
identity.

Earlier in the day, the General Assembly also adopted a resolution
condemning extrajudicial executions, which contained a reference opposing
killings based on sexual orientation. Uganda moved to delete that reference,
but the General Assembly rejected this by 78-60.

The signatories to the General Assembly statement are:
Albania, Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bolivia,
Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central
African Republic, Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic,
Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia, Germany, Greece,
Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia,
Liechtenstein, Lithuania, Luxembourg, Malta, Mauritius, Mexico, Montenegro,
Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland,
Portugal, Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia,
Slovenia, Spain, Sweden, Switzerland, the former Yugoslav Republic of
Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.

For more information, please contact the following organizations issuing
this statement:
Amnesty International (in New York, Kate Sheill: +44-79-0439-8439)
ARC International (in Canada, Kim Vance: +1-902-488-6404)
Center for Women's Global Leadership (in New York, Cynthia Rothschild:
+1-917- 318-3593)
COC Netherlands (in New York: Björn van Roozendaal +31-62-255-8300)
Global Rights (in Washington, DC, Stefano Fabeni: +1-202-741-5049)
Human Rights Watch (in New York, Scott Long: +1-646-641-5655)
ILGA (International Lesbian, Gay, Bisexual, Transexual and Intersex
Association (in New York, Renato Sabbadini: +39-335-60-67-158 – In Brussels,
+32-2-402-24-71)
Inter-LGBT France (in New York, Philippe Colomb: +33-68-985-3109)
International Committee for IDAHO (International Day Against Homophobia) (in
New York, Louis-Georges Tin: +33-61-945-4552)
IGLHRC (in New York, Hossein Alizadeh: +1-212-430-6016)

______________________________ _____________________________

Holy See (Statement) on UN Declaration on Homosexuality

From Zenit.org

Holy See on UN Declaration on Homosexuality

"Challenges Existing Human Rights Norms"

NEW YORK, DEC. 18, 2008 (Zenit.org).- Here is the statement the Holy See Mission to the United Nations delivered today before the 63rd session of the U.N. General Assembly on human rights questions, in particular on sexual orientation and gender identity.

* * *

The Holy See appreciates the attempts made in the Declaration on human rights, sexual orientation and gender identity --presented at the UN General Assembly on 18 December 2008 -- to condemn all forms of violence against homosexual persons as well as urge States to take necessary measures to put an end to all criminal penalties against them.

At the same time, the Holy See notes that the wording of this Declaration goes well beyond the abovementioned and shared intent.

In particular, the categories "sexual orientation" and "gender identity", used in the text, find no recognition or clear and agreed definition in international law. If they had to be taken into consideration in the proclaiming and implementing of fundamental rights, these would create serious uncertainty in the law as well as undermine the ability of States to enter into and enforce new and existing human rights conventions and standards.

Despite the Declaration's rightful condemnation of and protection from all forms of violence against homosexual persons, the document, when considered in its entirety, goes beyond this goal and instead gives rise to uncertainty in the law and challenges existing human rights norms.

The Holy See continues to advocate that every sign of unjust discrimination towards homosexual persons should be avoided and urges States to do away with criminal penalties against them.

18 December 2008

From Zenit.org - The World Seen from Rome

Holy See: Homosexuality Statement Goes Too Far

Says It Challenges Existing Human Rights

NEW YORK, DEC. 18, 2008 (Zenit.org).- A U.N. declaration on sexual orientation and gender identity goes "well beyond" the intent of condemning violence against homosexuals, says the Holy See.

This was affirmed in a statement from the Holy See delegation, delivered at the 63rd session of the U.N. general assembly, in response to the U.N. declaration presented today.

"The Holy See appreciates the attempts made in the declaration on human rights, sexual orientation and gender identity […] to condemn all forms of violence against homosexual persons as well as urge states to take necessary measures to put an end to all criminal penalties against them," the Holy See statement affirmed.

But, it cautioned that "the wording of this declaration goes well beyond the abovementioned and shared intent."

The delegation explained, "In particular, the categories 'sexual orientation' and 'gender identity,' used in the text, find no recognition or clear and agreed definition in international law. If they had to be taken into consideration in the proclaiming and implementing of fundamental rights, these would create serious uncertainty in the law as well as undermine the ability of states to enter into and enforce new and existing human rights conventions and standards."

Sixty-six of the 192 U.N. member states signed the declaration, including all the nations of the European Union. The United States did not sign, indicating a reservation similar to that voiced by the Holy See: a lack of legal clarity in the declaration's wording. Muslim nations were also opposed to the declaration.

The Holy See said the declaration goes beyond the goal of "rightful condemnation of and protection from all forms of violence against homosexual persons," and instead "gives rise to uncertainty in the law and challenges existing human rights norms."

"The Holy See continues to advocate that every sign of unjust discrimination toward homosexual persons should be avoided and urges states to do away with criminal penalties against them," the Holy See statement concluded.

Homosexuality is against the law in several dozen U.N. member states, and in some cases, can even be punished by execution.

Gays, Lesbians Must be Treated as Equal Members of Human Family - UN Rights Chief

From UN New Centre - December 18, 2008

Gays, lesbians must be treated as equal members of human family – UN rights chief

High Commissioner for Human Rights Navi Pillay

18 December 2008 – The top United Nations human rights official lamented today that there are still too many countries that criminalize sexual relations between consenting adults of the same sex and that some 10 States still have laws making homosexual activity punishable by death.

"Those who are lesbian, gay or bisexual, those who are transgender, transsexual or intersex, are full and equal members of the human family and are entitled to be treated as such," UN High Commissioner for Human Rights Navi Pillay told high-level panel discussion on human rights, sexual orientation and gender identity, held at UN Headquarters in New York.

"The ageless cliché that everyone is equal but some are more equal than others is not acceptable. No human being should be denied their human rights simply because of their perceived sexual orientation or gender identity. No human being should be subject to discrimination, violence, criminal sanctions or abuse simply because of their perceived sexual orientation or gender identity," she said in a video message.

"Ironically many of these laws, like Apartheid laws that criminalized sexual relations between consenting adults of different races, are relics of the colonial and are increasingly recognized as anachronistic and as inconsistent both with international law and with traditional values of dignity, inclusion and respect for all."

She said that laws proscribing the death penalty for such activities are used to justify threats, attacks to the physical and moral integrity of persons, including their exposure to torture, with human rights defenders being particularly vulnerable.

"The stigma attached to these issues means that violence and discrimination often go unpunished as victims dare not report their cases and the authorities do not pay sufficient attention to those who do," Ms. Pillay added.

US Balks at Backing Condemnation of Anti-Gay Laws

From the Associated Press

By DAVID CRARY – December 18, 2008

UNITED NATIONS (AP) — Alone among major Western nations, the United States has refused to sign a declaration presented Thursday at the United Nations calling for worldwide decriminalization of homosexuality.

In all, 66 of the U.N.'s 192 member countries signed the nonbinding declaration — which backers called a historic step to push the General Assembly to deal more forthrightly with any-gay discrimination. More than 70 U.N. members outlaw homosexuality, and in several of them homosexual acts can be punished by execution.

Co-sponsored by France and the Netherlands, the declaration was signed by all 27 European Union members, as well as Japan, Australia, Mexico and three dozen other countries. There was broad opposition from Muslim nations, and the United States refused to sign, indicating that some parts of the declaration raised legal questions that needed further review.

"It's disappointing," said Rama Yade, France's human rights minister, of the U.S. position — which she described as in contradiction with America's long tradition as a defender of human rights.

According to some of the declaration's backers, U.S. officials expressed concern in private talks that some parts of the declaration might be problematic in committing the federal government on matters that fall under state jurisdiction. In numerous states, landlords and private employers are allowed to discriminate on the basis of sexual orientation; on the federal level, gays are not allowed to serve openly in the military.

Carolyn Vadino, a spokeswoman for the U.S. mission to the U.N., stressed that the United States — despite its unwillingness to sign — condemned any human rights violations related to sexual orientation.

Gay rights activists nonetheless were angered by the U.S. position.

"It's an appalling stance — to not join with other countries that are standing up and calling for decriminalization of homosexuality," said Paula Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission.

She expressed hope that the U.S. position might change after President-elect Barack Obama takes office in January.

More than 50 countries opposed to the declaration, including members of the Organization of the Islamic Conference, issued a joint statement Thursday criticizing the initiative as an unwarranted attempt to give special prominence to gays and lesbians. The statement suggested that protecting sexual orientation could lead to "the social normalization and possibly the legalization of deplorable acts" such as pedophilia and incest.

The declaration also has been opposed by the Vatican, a stance which prompted a protest in Rome earlier this month.

A Vatican spokesman, the Rev. Federico Lombardi, said the Roman Catholic Church opposed the death penalty and other harsh repression of gays and lesbians, but he expressed concern that the declaration would be used as pressure against those who believe marriage rights should not be extended to gays.

A new Vatican statement, issued Thursday, endorsed the call to end criminal penalties against gays, but said that overall the declaration "gives rise to uncertainty in the law and challenges existing human norms."

The European nations backing the declaration waged their campaign in conjunction with the 60th anniversary of the Universal Declaration of Human Rights.

The Dutch foreign affairs minister, Maxime Verhagen, said countries which endorsed that 1948 document had no right to carve out exceptions based on religion or culture that allowed discrimination against gays.

"Human rights apply to all people in all places at all times," he said. "I will not accept any excuse."

He acknowledged that the new declaration had only symbolic import, but said it marked the first time such a large number of nations had raised the cause of gay rights in the context of General Assembly proceedings.

"This statement aims to make debate commonplace," he said. "It is not meant to be a source of division, but to eliminate the taboo that surrounds the issue."

Although the declaration's backers were pleased that nations on six continents had signed it, there were only two from Asia and four from Africa.

Sexy Secrets: Exploring the Exotic World of Syrian Lingerie

Sexy secrets of the Syrian souk

Gaultier eat your heart out - an example of Syrian design for the boudoir

Full Article from the BBC. - Tuesday, December 16, 2008

Inside a Syrian Lingerie Workshop

Video from the BBC.

Syria is home to a thriving lingerie industry producing some of the most exotic, innovative and creative styles in the world.

Martin Asser, Middle East specialist for the BBC News website, reports from the workshop of one of Syria's most established lingerie makers, Ali Nasser, who demonstrates how he makes the garments and shows off some of his best selling designs.