Statement to new High Commissioner for human rights

[Posted by Grace Poore on ap-rainbow Yahoo! Group, 16 September 2008]

HUMAN RIGHTS COUNCIL, 9th SESSION
ITEM 2: UPDATE BY THE HIGH COMMISSIONER FOR HUMAN RIGHTS

Joint statement by: International Lesbian and Gay Association-Europe, Canadian HIV/AIDS Legal Network, Lesbian and Gay Federation in Germany (LSVD), COC Netherlands, Danish National Organisation for Gay Men and Lesbians (LBL), Center for Women’s Global Leadership, Global Rights-Partners for Justice, Federación Estatal de lesbianas, gays, transexuales y bisexuales, Swedish Federation for Lesbian, Gay, Bisexual and Transgender Rights (RFSL)[1]

- delivered by John Fisher, September 9, 2008

Thank you Mr. President, Madam High Commissioner, Excellencies, distinguished delegates,

I am pleased to take the floor on behalf of 9 ECOSOC-accredited NGOs working to address human rights violations based on sexual orientation and gender identity, as well as a number of supporting NGOs which do not yet enjoy ECOSOC status.

We join with all those who have expressed their strong support to you, Madam High Commissioner, as you assume your new office. We share your vision of a world in which every person can live in dignity, and enjoy all human rights free from discrimination. And yet, even today there remain all too many groups and individuals who continue to struggle for recognition of their most basic rights to dignity, equality and non-discrimination.

In her final report to the last session of this Council, for example, your predecessor identified sexual orientation and gender identity issues as human rights concerns of ongoing priority, stating:

“Let me also point out that the perpetuation of prejudices continues to deny equal rights and dignity to millions worldwide on the basis of nothing more innocuous than their sexual identity or orientation ... international human rights law cannot be pigeon-holed to deny protection to those whose discriminatory exclusion is real, and who are entitled to turn to the law for their protection.”

Numerous UN Special Procedures have documented extensive human rights violations on these grounds in all regions of the world, including violence, sexual abuse, denials of rights to peaceful assembly and expression, arbitrary detentions, torture, killings, discrimination and denial of economic, social and cultural rights.

Particularly as we celebrate this 60th anniversary of the Universal Declaration of Human Rights, it is critical to ensure that there is no erosion of the principle of universality, which requires that all human beings are entitled to the full enjoyment of all human rights. In this regard, we commend to your attention the Yogyakarta Principles on the application of international human rights law in relation to sexual orientation and gender identity, recently developed by a group of distinguished international human rights experts. These Principles provide a sound jurisprudential framework for addressing these issues, and include constructive recommendations to your Office.

One of the challenges faced by any High Commissioner is to rise beyond the political and regional tensions that so often inhibit the capacity of the international community to adequately respond to serious human rights violations, particularly in sensitive areas such as sexual orientation and gender identity that have often gone unaddressed or not yet received due consideration. We agree that the common commitment to ending human rights violations against all persons can serve as the basis for a developing consensus in favour of applying the principles of universality and non-discrimination to all marginalised groups.

In this regard, we note the advances that have already been realised, both internationally and in regions around the world. We join with you, Madam High Commissioner, in welcoming the progressive nature of the South African Constitution, the first in the world to explicitly prohibit discrimination based on sexual orientation. As then South African Minister of Health stated at the Beijing 4th World Conference on Women:

“To show that we do not have a short memory regarding matters of discrimination, our Constitution has a non-discriminatory clause and discrimination on the basis of sexual orientation is prohibited. Though the number of people may be small, we do not discriminate against them, as we do not discriminate against anyone.”

We welcome the fact that during the recent UPR, States from all 5 UN regions committed to the principle of non-discrimination on the ground of sexual orientation. At an ECOSOC meeting, just six weeks ago, States from all 5 UN regions voted in favour of granting UN consultative status to NGOs working on sexual orientation and gender identity issues, including those taking the floor for the first time with this statement.

As High Commissioner for Human Rights, you have a crucial role to play in promoting and protecting the human rights of the most marginalised. It is a role that we know you will fulfil with dignity, integrity, commitment and independence, and we look forward to working with you, Madam High Commissioner, throughout the years ahead.

[1] This statement is also supported by the following non-ECOSOC accredited NGOs: ARC International, International Lesbian and Gay Association, International Gay and Lesbian Human Rights Commission, Heartland Alliance.