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November 19, 2010

Gays on safari in Kenya are now themselves fair game

Posted in: civil rights,international,LGBT

At least that’s the message sent today by Kenya and the 78 other mostly African or Middle-Eastern countries that voted to remove sexual orientation from the UN resolution condemning extrajudicial, summary or arbitrary executions.  Seventy-nine countries voted to strip sexual orientation from the resolution (including China & Russia), 70 voted against, 17 abstained and 26 were absent.

The International Gay and Lesbian Human Rights Commission (IGLHRC) and ARC International are deeply disappointed with yesterday’s vote in the Third Committee of the United Nations General Assembly to remove a reference to sexual orientation from a resolution on extrajudicial, summary or arbitrary executions. The resolution urges States to protect the right to life of all people, including by calling on states to investigate killings based on discriminatory grounds. For the past 10 years, the resolution has included sexual orientation in the list of discriminatory grounds on which killings are often based. …

“This vote is a dangerous and disturbing development,” said Cary Alan Johnson, Executive Director of IGLHRC. “It essentially removes the important recognition of the particular vulnerability faced by lesbian, gay, bisexual and transgender people – a recognition that is crucial at a time when 76 countries around the world criminalize homosexuality, five consider it a capital crime, and countries like Uganda are considering adding the death penalty to their laws criminalizing homosexuality.”

The full press release and how the different countries voted is below the fold.  What is particularly repulsive is South Africa voting to amend.  Sexual orientation is a protected class in the South African constitution, and every South African is supposed to have the constitutionally-guaranteed right to human dignity and life.  New asterisk: unless you’re gay.

9. Equality

 1.  Everyone is equal before the law and has the right to equal protection and benefit of the law.

 2.  Equality includes the full and equal enjoyment of all rights and freedoms. To promote the achievement of equality, legislative and other measures designed to protect or advance persons, or categories of persons, disadvantaged by unfair discrimination may be taken.

 3.  The state may not unfairly discriminate directly or indirectly against anyone on one or more grounds, including race, gender, sex, pregnancy, marital status, ethnic or social origin, colour, sexual orientation, age, disability, religion, conscience, belief, culture, language and birth.

 4.  No person may unfairly discriminate directly or indirectly against anyone on one or more grounds in terms of subsection (3). National legislation must be enacted to prevent or prohibit unfair discrimination.

 5.  Discrimination on one or more of the grounds listed in subsection (3) is unfair unless it is established that the discrimination is fair.

10. Human dignity

Everyone has inherent dignity and the right to have their dignity respected and protected.

11. Life

Everyone has the right to life.


Governments Remove Sexual Orientation from UN Resolution Condemning Extrajudicial, Summary or Arbitrary Executions

11/17/2010

For Immediate Release

Contact:

John Fisher

Co-Director

ARC International

ph: +41-79-508-3968

john@arc-international.net

www.arc-international.net

Sara Perle

Ric Weiland Research & Policy Associate

IGLHRC

ph: 212-430-6015

sperle@iglhrc.org

The International Gay and Lesbian Human Rights Commission (IGLHRC) and ARC International are deeply disappointed with yesterday’s vote in the Third Committee of the United Nations General Assembly to remove a reference to sexual orientation from a resolution on extrajudicial, summary or arbitrary executions. The resolution urges States to protect the right to life of all people, including by calling on states to investigate killings based on discriminatory grounds. For the past 10 years, the resolution has included sexual orientation in the list of discriminatory grounds on which killings are often based.

The removed reference was originally contained in a non-exhaustive list in the resolution highlighting the many groups of people that are particularly targeted by killings – including persons belonging to national or ethnic, religious and linguistic minorities, persons acting as human rights defenders (such as lawyers, journalists or demonstrators) as well as street children and members of indigenous communities. Mentioning sexual orientation as a basis on which people are targeted for killing highlights a situation in which particular vigilance is required in order for all people to be afforded equal protection.

The amendment removing the reference to sexual orientation was sponsored by Benin on behalf of the African Group in the UN General Assembly and was adopted with 79 votes in favor, 70 against, 17 abstentions and 26 absent.

“This vote is a dangerous and disturbing development,” said Cary Alan Johnson, Executive Director of IGLHRC. “It essentially removes the important recognition of the particular vulnerability faced by lesbian, gay, bisexual and transgender people – a recognition that is crucial at a time when 76 countries around the world criminalize homosexuality, five consider it a capital crime, and countries like Uganda are considering adding the death penalty to their laws criminalizing homosexuality.”

This decision in the General Assembly flies in the face of the overwhelming evidence that people are routinely killed around the world because of their actual or perceived sexual orientation, and renders these killings invisible or unimportant. The Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions has highlighted documented cases of extrajudicial killings on the grounds of sexual orientation including individuals facing the death penalty for consensual same-sex conduct; individuals tortured to death by State actors because of their actual or perceived sexual orientation; paramilitary groups killing individuals because of their actual or perceived sexual orientation as part of “social cleansing” campaigns; individuals murdered by police officers with impunity because of their actual or perceived sexual orientation; and States failing to investigate hate crimes and killings of persons because of their actual or perceived sexual orientation.

“It is a matter of great shame that the responsible Committee of the United Nations General Assembly failed in its responsibility to explicitly condemn well-documented killings based on sexual orientation,” said John Fisher, Co-Director of ARC international. “The credibility of the United Nations requires protection of all persons from violations of their fundamental human rights, including on grounds of sexual orientation and gender identity. We thank those States which supported the inclusion of sexual orientation in the text, and will redouble our collective efforts to ensure that Member States of the United Nations maintain the standards they have sworn to uphold.”

The amendment runs counter to other positive developments in UN and regional human rights systems where there is increased recognition of the need for protection from discrimination regardless of sexual orientation and gender identity. At a September 2010 panel held in conjunction with a session of the Human Rights Council in Geneva, UN Secretary General Ban Ki-moon unequivocally recognized “the particular vulnerability of individuals who face criminal sanctions, including imprisonment and in some cases the death penalty, on the basis of their sexual orientation or gender identity.”

Sixty-eight countries have also signed a joint statement in the UN General Assembly on human rights, sexual orientation and gender identity which calls for an end to “human rights violations based on sexual orientation and gender identity … in particular the use of the death penalty on this ground [and] extrajudicial, summary or arbitrary executions.”

IGLHRC and ARC International urge all States, regardless of their vote on this amendment, to sign the UNGA joint statement affirming support of the human rights of all people, regardless of sexual orientation and gender identity and to continue in efforts to decriminalize same-sex conduct and to end other discrimination, including violence, on the basis of sexual orientation and gender identity.

The votes to amend the resolution were as follows:

In favor of the amendment to remove sexual orientation from the resolution on extrajudicial, summary or arbitrary executions (79):

Afghanistan, Algeria, Angola, Azerbaijan, Bahamas, Bahrain, Bangladesh, Belize, Benin, Botswana, Brunei Dar-Sala, Burkina Faso, Burundi, Cameroon, China, Comoros, Congo, Cote d’Ivoire, Cuba, Democratic People’s Republic of Korea, Democratic Republic of Congo, Djibouti, Egypt, Eritrea, Ethiopia, Ghana, Grenada, Guyana, Haiti, Indonesia, Iran, Iraq, Jamaica, Jordan, Kazakhstan, Kenya, Kuwait, Lebanon, Lesotho, Liberia, Libya, Madagascar, Malawi, Malaysia, Maldives, Mali, Morocco, Mozambique, Myanmar, Namibia, Niger, Nigeria, Oman, Pakistan, Qatar, Russian Federation, Rwanda, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and Grenadines, Saudi Arabia, Senegal, Sierra Leone, Somalia, South Africa, Sudan, Suriname, Swaziland, Syrian Arab Republic, Tajikistan, Tunisia, Uganda, United Arab Emirates, United Republic of Tanzania, Uzbekistan, Viet Nam, Yemen, Zambia, Zimbabwe

Opposed to the amendment to remove sexual orientation from the resolution on extrajudicial, summary or arbitrary executions (70):

Andorra, Argentina, Armenia, Australia, Austria, Belgium, Bhutan, Bosnia-Herzegovina, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Cyprus, Czech Republic, Denmark, Dominican Republic, Ecuador, El Salvador, Estonia, Finland, France, Georgia, Germany, Greece, Guatemala, Hungary, Iceland, India, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Mexico, Micronesia (FS), Monaco, Montenegro, Nepal, Netherlands, New Zealand, Norway, Panama, Paraguay, Peru, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, Former Yugoslav Republic of Macedonia, Timor-Leste, Ukraine, United Kingdom, United States, Uruguay, Venezuela

Abstain (17):

Antigua-Barbuda, Barbados, Belarus, Cambodia, Cape Verde, Colombia, Fiji, Mauritius, Mongolia, Papau New Guinea, Philippines, Singapore, Sri Lanka, Thailand, Trinidad and Tobago, Tuvalu, Vanuatu

Absent (26):

Albania, Bolivia, Central African Republic, Chad, Dominica, Equatorial Guinea, Gabon, Gambia, Guinea, Guinea-Bissau, Honduras, Kiribati, Kyrgyzstan, Lao People’s Democratic Republic, Marshall Island, Mauritania, Nauru, Nicaragua, Palau, Sao Tome Principe, Seychelles, Solomon Islands, Togo, Tonga, Turkey, Turkmenistan


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