ARC Statements: 30th regular session of the Human Rights Council
As the 30th session of the Human Rights Council was convened from 14 September to 2 October 2015, ARC International and advocacy partners ensured sexual orientation, gender identity and expression, and intersex issues were brought to the floor. Among the statements at HRC30 were:
Joint NGO statement on LGBTI defenders delivered by the International Service for Human Rights (ISHR) on 28 September.
Statement on the report of the Independent International Commission of Inquiry on the Syrian Arab Republic, prepared in close consultation with Muslims for Progressive Values.
Joint statement with the International Lesbian and Gay Association to the interactive dialogue with the WG on Arbitrary Detention.
Joint NGO statement on LGBTI defenders
Mr President,
This is a joint statement.
The Vienna Declaration affirmed that human rights are universal, indivisible, interdependent and interrelated. Unquestionably, this includes the human rights of lesbian, gay, bisexual, transgender and intersex people.
The Vienna Declaration also condemned gross and systematic violations of human rights. It is disturbing that 22 years on people continue to suffer systemic discrimination, violence and persecution as a result of their sexual orientation, gender identity and intersex status, or because of their work to stand up and speak out for equal rights.
Because of their work and because of their identities and characteristics, LGBTI human rights defenders are exposed to heightened levels of violence, stigmatisation, discrimination, attacks and other human rights violations. In his current report to the UN General Assembly, the UN Special Rapporteur on the situation of human rights defenders, confirms that LGBTI defenders are among those most exposed and at risk of all defenders.
Mr President, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms. In this regard, we are deeply concerned about restrictions imposed on LGBTI persons and those advocating for them, including anti-cross-dressing legislation in Malaysia, legislation criminalising homosexuality in Uganda, and laws effectively criminalising LGBTI rights advocacy that have been enacted in Russia and proposed in Kyrgyzstan.
In addition to being incompatible with international human rights standards, there is overwhelming evidence that such laws also license and lead to attacks and abuse. Across the world, LGBTI defenders are subjected to harassment and violence when convening meetings, cultural events and pride marches or simply walking down the street. We call on States to repeal these laws and ensure effective protection and real accountability for attacks against LGBTI persons, defenders and associations.
Mr President, in addition to repealing restrictive laws, States should enact enabling legislation which promotes and protects equal rights for LGBTI persons. In this regard, we welcome recent moves by Australia and the United Kingdom to expunge historic convictions for consensual homosexual conduct, recent reforms in Malta and Ireland to ensure access to identity documents for transgender and intersex people without invasive medical treatment, and improved responses to LGBTI hate crime, including training of law enforcement officials and specific taskforces or prosecuting teams dedicated to tackling bias-motivated violence such as in Spain, Honduras and South Africa.
Mr President, former High Commissioner for Human Rights and ISHR Board member, Navi Pillay said in a vision statement at Vienna+20 that ‘a huge amount of work remains to be done at the international level to transform human rights from abstract promises to genuine improvement in the daily lives of all people, especially those who are currently marginalized or excluded. The lives of LGBTI defenders, those most exposed and at risk, need to be protected.
Joint statement with the International Lesbian and Gay Association: Interactive dialogue with the WG on Arbitrary Detention
Mr. President ,
We strongly welcome the Report of the Working Group on Arbitrary Detention and in particular the enunciation of a much needed Basic Principles and Guidelines on Rights of anyone deprived of their liberty to bring proceedings before a Court.
We are pleased to see that on an issue of much controversy before this Commission, the principles are forthright. The Principles unambiguously state that when one uses the term ‘everyone’, ‘anyone’, or ‘any person’ you mean every person without discrimination including LGBTI people.
The fact that inclusion is not just a matter of words but demands a change of substance is elucidated in principle 17 which urges the adoption of specific measures to ensure meaningful access to marginalized groups such as sex workers and LGBTI people so as to enable them to effectively challenge arbitrary detention.
We cannot urge the importance of this principle strongly enough as the reality around the world is that both sex workers and LGBTI people face arbitrary detention by state authorities based on nothing more than a deep rooted bias against sexual and gender non conformity of any type.
The specific measures urged with respect to LGBTI people as well as sex workers must include measures which tackle the bias and prejudice which pervades the bureaucracy, police as well as the higher echelons of leadership in many states around the world.
We urge states to take seriously this illegal practice of arbitrary deprivation of liberty and ensure that the principles are incorporated into domestic law.
Thank you.
Click here to see Arvind deliver the statement to the WG.
Statement on the Report of the Independent International Commission of Inquiry on the Syrian Arab Republic
Mr. President,
The Report of the Independent International Commission of Inquiry on the Syrian Arab Republic unequivocally demonstrates that the rise and consolidation of Daesh as well as other extremist groups like the Jabhat Al-Nusra threatens the very existence of religious and ethnic minorities such as the Yazidis, Kurds, Assyrians, Christians, Druze, Ismailis, Alawites and Shias.
It is clear that Daesh seeks to establish a state cleansed of religious and ethnic minorities. To achieve this objective Daesh has exterminated men from minority communities and subjected women and girls from these communities to sexual slavery and forced marriages.
Daesh also has no place for those who are sexual non conformists – be it those who are in extramarital relationships or those who happen to be LGBTI. With respect to LGBTI people, Daesh has demonstrated that its aim is not merely persecution but elimination of the entire grouping.
Daesh has deliberately and intentionally declared war on human diversity in all its forms and this calls to mind other mass crimes in the past including the Nazi Holocaust which targeted Jews, Romas, persons with disabilities, ethnic minorities and homosexuals. History is repeating itself.
Daesh’s genocidal project is a powerful reminder of the very reason as to why on 10 December, 1948, the Universal Declaration of Human Rights was adopted unanimously.
We urge the international community to sanction all parties involved in this exacerbated conflict, halt the flow of arms and adequately protect all civilians, including all religious, ethnic and sexual minorities.
Thank you, Mr. President.