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Summary: The Human Rights Council held a landmark discussion on sexual orientation and gender identity today, with the Organisation of Islamic Cooperation walking out of the session.
In June 2011, the first ever UN Resolution on sexual orientation and gender identity was adopted at the Human Rights Council. The Resolution called for a study by the High Commissioner, and a panel discussion to be held during the 19th session of the Council. Today, the landmark discussion took place at the Council, with the OIC group (Organisation of Islamic Cooperation) staging a walkout as soon as the discussions began. "Historic moment" Navi Pillay, UN High Commissioner for Human Rights, made an opening statement in which she said: "Today we have an opportunity to open a new chapter. It is a historic moment for this Council and for the United Nations." She continued by saying: "What we are discussing is depriving certain human beings of their human rights: their right to life, freedom of expression and freedom from violence." She said 76 countries contain laws that can prosecute LGBT persons. She referred to the comments by the Human Rights Committee stating that these laws are in breach of human rights legislation, including the right to privacy and non-discrimination. Balance in favour of human rights Ms Pillay acknowledged the issue has its opponents, saying "Some will argue against what we are saying, saying they conflict with cultural norms and values. We should not dismiss thse concerns, but listen and focus on the issues and try and make headway. The balance between culture and tradition on the one hand and universal human rights on the other must be made, but when the two come into conflict, the balance must swing in the direction of universal human rights." Before States took the floor, panelists made some opening comments: No case to answer Mr Helfer, Co-Director of the Centre for International and Comparative Law at Duke University, USA, said he had reviewed the full set of laws to see if there was any case where LGBT persons could be legally discriminated against, but found none. Children under threat Irina Karla Bacci of the National Council for LGBT Persons, Brazil, said: "A number of crimes against LGBT persons are carried out in private settings. In Brazil, violations are greater in schools, the workplace and in the family. It is critical, therefore, that we transform the culture in the private places as well as the public arena." The case of Pakistan Hina Jilani, Chair of the Human Rights Commission of Pakistan, said: "No one denies there are no challenges." She talked about the Supreme Court of Pakistan, where the issue of loss of dignity and violence faced by transgender persons had been noticed and guarantees have been held." States then took the floor: Argentina took the floor first and praised South Africa's lead on the issue of sexual orientation and gender identity. The other view Pakistan (on behalf of OIC) said they would like to put on record their "firm opposition" to the debate on sexual orientation. "Homosexuality", the delegate said, "is against the teachings of various religions, including Islam. Legalising this sexual behaviour in terms of sexual orientation is unacceptable. Our oppostion also stems from the fact it may encompass new legislation on paedophilia." Child's best interest? The delegate from Pakistan continued by raising concerns about the impact on the child of same-sex parents. This, they said, "Would deprive the child of the loving care of a father and a mother." The delegate concluded by calling on the Council to address the 'real issues', saying it "expected this panel discussion would be the last of its kind at the Council". He thanked the President and left the room. "Abhorrent" The delegate for the European Union stated: "This is not new rights for new people," before describing violence against LGBT persons as "abhorrent". The delegate for Mauritanina (speaking on behalf of the Arab group), said: "A small group of States are trying to impose new sets of principles on other States. Its a breach of the rights of States and Communitees to their own traditions and values." The delegate continued: "This has a damaging impact on the unit of life that is the family." The delegate of Senegal (on behalf of the African Group), spoke about the Head of States summit in Uganda in 2010. He said: "We reaffirm the importance of respect for cultural and religious values." Norway said: "This is about basic respect for the human rights of all individuals." They called for the worldwide decriminalisation, before adding: "LGBT persons are not asking for any special treatment, they just want the same rights. This is not new rights." Special Rapporteur for LGBT persons? The delegate for Germany handed over the floor to a member of civil society, who referred to the persecution of homosexuals by the Nazis and how Germany had learnt lessons from it. She asked whether there was a need for the creation of a Special Rapporteur. No violence here The delegate for Nigeria took the floor and said: "Contrary to reports, there is no violence against LGBT persons in Nigeria." The delegate added: "The Nigerian Constitution recognises the human rights of all human beings. We will however continue to make laws that meet the will of the people." NGOs' responses In a joint submission by NGOs from countries worldwide, the speaker said that they "acknowledge the sensitive nature of this issue. The NGOs called for the mainstreaming protections of LGBT persons through existing mechansims, the abolition of laws criminalising homosexuality as called for by the Secretary-General, and the sharing of best practices. Fulfill your legal obligations The International Gay and Lesbian Association delivered a statement endorsed by 240 NGOs worldwide. The speaker said: "We are hear to urge states to fulfill their obligations, not to give us rights as they already exist in international human rights law". A speaker from the International Commission of Jurists read out a statement (in conjunction with Human Rights Watch and Amnesty International, which quoted the Universal Declaration of Human Rights. It said: "All human beings are born free and equal." This then applies to sexual orientation, they continued. The speaker concluded by referring to the Vienna Declaration, telling the Council it is the "duty of the State to protect all human rights and fundamental freedoms. Further Information
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