United Nations makes history on sexual orientation & gender identity, establishes Independent Expert

United Nations makes history on sexual orientation & gender identity, establishes Independent Expert

The United Nations Human Rights Council, in a defining vote, adopted a resolution on 30 June 2016, on “Protection against violence and discrimination based on sexual orientation, and gender identity,” to mandate the appointment of an independent expert on the subject.

It is a historic victory for the human rights of anyone at risk of discrimination and violence because of their sexual orientation or gender identity, a coalition of human rights groups said today. This resolution builds upon two previous resolutions, adopted by the Council in 2011 and 2014.

The Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, Uruguay – and 41 additional countries jointly presented the text.

The resolution was adopted by a vote of 23 in favor, 18 against and six abstentions.

“This is truly momentous,” said Micah Grzywnowicz, of the Swedish Federation for LGBTQ Rights (RFSL). “This is our opportunity to bring international attention to specific violations and challenges faced by transgender and gender non-conforming persons in all regions. It’s time for the international community to take responsibility to ensure that persons at risk of violence and discrimination because of gender identity are not left behind.”

“It’s a historic resolution,” said Josefina Valencia, of the International LGBTI Association for Latin America and the Caribbean, ILGA LAC. “Latin America has played a very important role to build a common course for the advancement of our human rights. We are proud of the international solidarity and the commitment shown by States for equality.”

The positive vote responds to a joint campaign of a record 628 nongovernmental organizations from 151 countries calling on the Human Rights Council to adopt the resolution and create the independent expert.

“It is important to note that around 70 percent of the organizations are from the global south,” said Yahia Zaidi of MantiQitna Network. “This is a powerful cross-regional message of strength to the UN to protect the rights of LGBTI persons. The independent expert will be a focal point for all violations based on SOGI and hence help grassroots organizations to better utilize the otherwise complex labyrinth of the UN system.”

The expert will be tasked with assessing implementation of existing international human rights law, identifying best practices and gaps, raising awareness of violence and discrimination based on sexual orientation and gender identity, engaging in dialogue and consultation with states and other stakeholders, and facilitating provision of advisory services, technical assistance, capacity-building, and cooperation to help address violence and discrimination on these grounds.

“To have an independent expert can be a ‘game-changer’ in counteracting violence which fuels the HIV epidemic in key populations and more specifically in LGBT communities,” said Alain Kra of Espace Confiance.

“It will ease the work of all human rights defenders and it is essential for our governments and people to have the knowledge on how to protect LGBT communities from any violence and discrimination they face,” added Joleen Mataele of the Tonga Leiti’s Association.

Although a number of hostile amendments seeking to introduce notions of cultural relativism were adopted into the text by vote, the core of the resolution affirming the universal nature of international human rights law stood firm.

The International Commission of Jurists believes that the UN Human Rights Council made history by creating a mandate empowering a UN Independent Expert specifically to address human rights violations perpetrated against people in all regions of the world because of discrimination against their real or imputed sexual orientation or gender identity.

Results of the vote

Voting in favor of the resolution

Albania, Belgium, Bolivia, Cuba, Ecuador, El Salvador, France, Georgia, Germany, Latvia, Macedonia, Mexico, Mongolia, Netherlands, Panama, Paraguay, Portugal, Republic of Korea, Slovenia, Switzerland, United Kingdom, Venezuela, Vietnam

Voting against the resolution

Algeria, Bangladesh, Burundi, China, Congo, Cote d’Ivoire, Ethiopia, Indonesia, Kenya, Kyrgyzstan, Maldives, Morocco, Nigeria, Qatar, Russia, Saudi Arabia, Togo, United Arab Emirates

Abstaining on the resolution

Botswana, Ghana, India, Namibia, Philippines, South Africa

 

Organizations supporting this statement:

  1. Access Chapter
  2. AIDES France
  3. Amnesty International
  4. ARC International
  5. Clóset de Sor Juana AC
  6. Egale Canada Human Rights Trust
  7. Espacio de Mujeres Lesbianas Salvadoreñas por la Diversidad (ESMULES)
  8. Federatie van Nederlandse Verenigingen tot Integratie van Homoseksualiteit – COC Nederland (Netherlands)
  9. Foundation for SOGI Rights and Justice (FORSOGI), Thailand
  10. FRI, the Norwegian Organisation for Sexual and Gender Diversity
  11. GALANG Philippines
  12. GATE – Global Action for Trans* Equality
  13. Human Rights Law Centre
  14. Human Rights Watch
  15. Iranti-org (South Africa)
  16. International Commission of Jurists
  17. ILGA LAC, Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersexuales para América Latina y el Caribe
  18. International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA)
  19. Lesbians, Gays and Bisexuals of Botswana (LEGABIBO)
  20. LGBT Denmark – the National Organization for Gay Men, Lesbians, Bisexuals and Transgendered People
  21. MantiQitna Network
  22. OutRight Action International
  23. Pacific Sexual Diversity Network
  24. Pan Africa ILGA
  25. Proyecto Arcoiris, colectivo anticapitalista e independiente
  26. Samoa Faafafine Association
  27. Swedish Federation for LGBTQ Rights (RFSL)
  28. TLF Share Collective – Philippines
  29. Tonga Leitis Association

 

Call for independent UN expert on discrimination and violence based on sexual orientation and gender identity

Call for independent UN expert on discrimination and violence based on sexual orientation and gender identity

The ICJ today joined 567 other organisations, from 142 countries, in a statement to the UN Human Rights Council calling on the Council to create an Independent UN Expert to address discrimination and violence against persons based on sexual orientation and gender identity.

The statement can be downloaded in full here: HRC32-OralStatement-Item8-SOGI-2016-ENG

 

Past abuses and remaining challenges: new paths in Business and human rights

Past abuses and remaining challenges: new paths in Business and human rights

Side-event to the 32nd regular session of the Human Rights Council

24 June 2016, from 13:30 to 15:00 hrs
Room IX, Palais des Nations, Geneva

Accountability and remedy for business-related human rights abuse have been key advocacy objectives for many human rights organizations over the years.

Accountability and remedy have been identified as being some of the most salient normative and governance gaps in business and human rights. States and international organizations are now taking some action in response to those gaps and are considering initiatives and ways to tackle accountability and remedy deficits.

The Human Rights Council is currently engaged in a treaty-making process through an Intergovernmental Working Group, and it is considering a report by OHCHR on Accountability and Remedy during its 32nd session. Just one week prior, the International Labour Conference carried out crucial deliberations about ways to address those governance gaps and promote decent work in the global supply chain and to deter abuse.

This panel will look at these issues from the perspective of civil society and practitioners’ work, drawing from concrete experiences, recent achievements in the field and ongoing concerns.

Introduction:

  • Surya Deva, UN Working Group on Business and Human Rights

Panel:

  • Gabriela Kletzel – CELS
  • Richard Meeran – Leigh Day
  • Anna Biondi – ILO
  • Gaëlle Dusepulchre- FIDH
  • Moderator : Carlos López – ICJ

From the groundbreaking work to investigate and prosecute serious abuse against workers during the Argentinian military regime to the forward looking work of litigators of cases concerning parent and subsidiary companies’ responsibilities, exploring the new paths being broken in the recent International Labour Conference’s decisions on decent work on supply chains and the UN IGWG on transnational corporations and other business enterprises with respect to human rights, this panel will discuss ways in which these initiatives may address the crucial issues of accountability and remedy looking at past and present achievements and plans for the future.

The event flyer may be downloaded (PDF) here: Past abuses and remaining challenges_flyer_side event_HRC32

The event is organized by ICJ, Franciscans International, FIDH and CELS.

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