Governments condemn extrajudicial executions in seminal UN vote

Governments condemn extrajudicial executions in seminal UN vote

The ICJ and other human rights groups celebrate historic first condemnation of killings based on gender identity. 

An international coalition of organizations dedicated to human rights celebrated yesterday’s historic vote in the Third Committee of the United Nations General Assembly to pass resolution A/C.3/67/L.36 condemning extrajudicial, summary or arbitrary executions.

The vote reversed the events of 2010 when the same body voted to strip the resolution of reference to “sexual orientation.”

The UNGA also expanded upon its commitment to the universality of human rights by including “gender identity” for the first time in the resolution’s history.

The resolution, which is introduced biennially in the Third Committee, urges States to protect the right to life of all people, including by calling upon states to investigate killings based on discriminatory grounds.

It was introduced by the Government of Sweden and co-sponsored by 34 states from around the world.

For the past 12 years, this resolution has urged States “to investigate promptly and thoroughly all killings, including… all killings committed for any discriminatory reason, including sexual orientation.”

Apart from Human Rights Council resolution 17/19, it is the only UN resolution to make specific reference to sexual orientation.

This year, the term “gender identity” was added to the list of categories vulnerable to extrajudicial killings.

At Tuesday’s session, the United Arab Emirates, speaking on behalf of the Organization of Islamic Cooperation, presented an amendment that would have stripped the resolution of reference to “sexual orientation and gender identity” and substituted “or for any other reason.”

The UAE proposal was rejected in a vote with 44 votes in favor, 86 against, and 31 abstentions and 32 absent.

Another failed effort, led by the Holy See, would have stripped all specific references to groups at high risk for execution; however it was never formally introduced.

The Third Committee also retained language expressing “deep concern” over the continuing instances of arbitrary killing resulting from the use of capital punishment in a manner that violates international law, which some States led by Singapore attempted to have deleted. The Singapore proposal was rejected in a vote with 50 votes in favor, 78 against, and 37 abstentions and 30 absent.

The full resolution passed with 108 votes in favor, 1 against, 65 abstentions, and 19 absent.

Many governments, including Brazil, the United States and South Africa, among others, spoke out to condemn the proposed amendment to remove reference to sexual orientation and gender identity.

The Government of Japan ended the silence that has often characterized the Asian Group’s participation on LGBT rights at the UNGA by stating: “we cannot tolerate any killings of persons because of their sexual orientation or gender identity. Our delegation voted against the proposed amendment to this paragraph because we think it is meaningful to mention such killings from the perspective of protecting the rights of LGBT people.”

Some governments condemned the reference to sexual orientation and gender identity, including Sudan on behalf of the Arab Group, Iran, and the United Arab Emirates on behalf of the Organisation of Islamic Cooperation.

Trinidad and Tobago stated that specific reference to “gender identity” presented a “particular challenge” for the country.

Speaking frequently, the Government of Egypt stated that it was “gravely alarmed at the attempt to legitimate undetermined concepts like gender identity” by equating them with other forms of discrimination such as that based on race, color, sex, religion, and language.  In reference to sexual orientation and gender identity, Egypt stated: “we are alarmed at the attempts to make new rights or new standards.”

The vote affirms the resolution’s dramatic conclusion in 2010. At that time, the Third Committee removed the reference to “sexual orientation” by a vote of 79 in favor, 70 opposed, with 17 abstaining and 26 not voting and was silent on “gender identity.”

However, in a remarkable turn of events, the resolution was later introduced before the full General Assembly, which voted to reinstate the language by passing it 93 to 55, with 27 abstentions and 17 absent or not voting.

The states’ decision on Tuesday to support the inclusion of “sexual orientation” and introduce “gender identity” into the resolution is one more in a series of positive developments the UN and in regional human rights systems where there is increasingly recognition of the need for protection from discrimination regardless of sexual orientation and gender identity.

The successful expansion of the resolution to include “gender identity” on Transgender Day of Remembrance, a day dedicated to those murdered as a result of their gender identity or expression, was particularly significant.

Contact:

Allison Jernow, t +41 22 979 38 23, e-mail: allison.jernow@icj.org

NOTE:

The vote

  • For a full vote on the Singapore Amendment, click here.  For a photograph of the vote, click here.
  • For a full vote on the United Arab Emirates Amendment to remove sexual orientation and gender identity, click here.  For a photograph of the vote, click here.
  • For a full vote on the passage of the Extrajudicial, Summary and Arbitrary Executions Resolutions, click here.  For a photograph of the vote, click here.
The ICJ condemns the execution of Ajmal Kasab; calls on India to immediately reinstate the moratorium on capital punishment

The ICJ condemns the execution of Ajmal Kasab; calls on India to immediately reinstate the moratorium on capital punishment

The ICJ condemned today the execution of Ajmal Amir Kasab and called on India to immediately reinstate a moratorium on the death penalty.

“This is the second execution in South Asia in less than a week, marking a resurgence of capital punishment in the region,” said Sam Zarifi, Asia Director for the ICJ.

The ICJ condemned Pakistan’s execution of soldier Muhammad Hussain on Wednesday 15 November 2012.

Ajmal Kasab was executed by hanging in the early hours on Wednesday morning amid great secrecy.

The execution comes just a day after India voted against a United Nations General Assembly (GA) draft resolution, adopted by the GA’s Third Committee, calling for a moratorium on the use of the death penalty.

Over one hundred United Nations member States supported the draft resolution, an increase from previous United Nations General Assembly Resolutions passed in 2007, 2008 and 2010. The resolution will be taken up by the GA in December.

“India is one of a dwindling number of States voting against the resolution and still retaining the death penalty,” Zarifi added. “The death penalty violates the right to life and the inherent dignity of the person.”

More than 150 of 192 United Nations member States have either abolished the death penalty or do not practice it.

“There is no doubt that Kasab’s crimes were heinous, causing immeasurable suffering, but putting him to death is a significant step backwards for India, ending its eight-year hiatus on executions,” Zarifi said.

CONTACT:

Sheila Varadan, ICJ Legal Advisor, South Asia Programme, t: +66 857200723; email: sheila.varadan(at)icj.org

Sam Zarifi, ICJ Asia-Pacific Regional Director, t: +66 26198477; email: sam.zarifi(at)icj.org

Background:

Ajmal Kasab, a 25-year old Pakistani national, was sentenced to the death for his role in the Mumbai terrorist attack in 2008. The Supreme Court confirmed Ajmal Kasab’s death sentence on 29 August 2012, upholding the judgment of the Bombay High Court on 21 February 2011 and the sentence handed down by a lower court in May 2010.

On 18 September 2012, Kasab sent a four-line handwritten mercy plea to the President of India. The Maharashtra Home Ministry recommended rejecting the mercy plea on 24 September 2012 and Governor of Maharashtra, K Sankaranarayan, advised the same on 29 September 2012. The Union Government rejected the mercy plea on 23 October 2012. The President rejected the mercy plea in early November 2012.

 

 

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