We need a UN special Rapporteur on LGBT rights (Malaysia’s health rights: Our report card from a United Nations rapporteur)

By Junior Mayema,

Within the Special Procedures of the United Nations human rights council we have :

UN special rapporteur on the rights of indigenous peoples

UN special rapporteur on extrajudicial summary or arbitrary executions

UN special rapporteur on trafficking in persons

UN special rapporteur on human rights defenders

But we don’t have a Special Rapporteur on LGBT rights, let me be clear, we are not trying to create special rights, but we are only trying to strengthen the principle of the universality of human rights that is failing  to be implemented in the majority of countries around the world for the protection of LGBT human beings, we need a special rapporteur and even here in the US a special envoy whose job will be to specifically investigate human rights violations against LGBT people  here is the role of special rapporteur :

http://en.wikipedia.org/wiki/United_Nations_Special_Rapporteur

http://en.wikipedia.org/wiki/Special_Rapporteur

Special Rapporteur, Special Representative of the Secretary-General and Independent Expert are titles given to individuals working on behalf of the United Nations (UN) within the scope of “Special Procedures” mechanisms, who bear a specific mandate from the United Nations Human Rights Council, either a country mandate or a thematic mandate. “Rapporteur” is a French-derived word for an investigator who reports to a deliberative body.

The mandate by the United Nations has been to “examine, monitor, advise and publicly report” on human rights problems through “activities undertaken by special procedures, including responding to individual complaints, conducting studies, providing advice on technical cooperation at the country level, and engaging in general promotional activities.”[1] However, the Coordination Committee of Special Procedures Internal Advisory Procedure to Review Practices and Working Methods (25 June 2008) manual simply calls these individuals mandate-holders. Other applications of the role include “Special Representative of the Secretary-General” or “Independent Expert”, or a working group usually composed of five members, one from each region of the planet.

LGBT people are going through severe and  systematic torture and life threatening persecution both by governments officials and civil societies around the world and we must have a UN special rapporteur on LGBT rights whose job will be to not only putting the report before the UN Human Rights Council in Junes but also to lobby the UN human rights council to urge the UN security council to force the international criminal court to start arresting individuals and governments officials who are persecuting ;LGBT people a walk free with impunity because their national laws criminalize being gay but we all know that under international human rights law they are bunch criminals and must be under arrest already, this of video of international gay and lesbians human rights commission shed light on what is happening the world on LGBT rights

this is what a member of parliament in Kyrgyzstan said about being gay :

‘If it were up to me, I would round them up, the despicable criminals. I’d bring them to a public square and there I would publicly punish them,’ he said.

Asked if by ‘punish’ he meant execute, Madobaev said, ‘Yes. That’s about right.’

‘In order to cleanse society.’

– See more at: http://www.gaystarnews.com/article/kyrgyzstan-lawmaker-calls-public-execution-all-gays120115#sthash.91Tx3IYd.dpuf

i am going to paste an article down here about the work of the UN special rapporteur on the rights to Health in Malaysia and the report of the UNDP:

http://www.thestar.com.my/Lifestyle/Health/2015/01/11/Malaysias-health-rights-Our-report-card-from-a-United-Nations-rapporteur/

Prof Dr Puras: "A model of health financing should be consolidated so as to ensure that the ability to pay does not affect an individual’s decision whether to seek access to necessary health goods and services." – Art Chen/The Star

A large portion of his trip was focussed on looking into the health situation of vulnerable groups, including females, migrants and refugees, indigenous communities, people living with HIV/AIDS, those with mental disabilities, children and the lesbian, gay, bisexual and transgender (LGBT) communities.

Prof Puras noted that although Malaysia has positive initiatives and programmes for women, females still face significant barriers to their sexual and reproductive rights, domestic violence and harmful traditional practices.

He said: “Comprehensive sexuality education is not integrated in school curricula and girls do not have access to basic information to make informed decisions on their reproductive health.

“This has led to a high prevalence of unintended pregnancies amongst girls below the age of 18 – that means children – as well as a high risk of the spreading of sexually-transmitted diseases, including HIV/AIDS.”

Participants marching at a 2011 boot camp in Besut, Terengganu, aimed at rehabilitating their effeminate tendencies. Prof Dr Dainius Puras was concerned over such programmes, which he said were unscientific, discriminatory and detrimental to their mental health. - Filepic

Participants marching at a 2011 boot camp in Besut, Terengganu, aimed at rehabilitating their “effeminate tendencies”. Prof Dr Dainius Puras was concerned over such programmes, which he said were unscientific, discriminatory and detrimental to their mental health.

Newcomers and first-comers

Both migrants and refugees, and indigenous peoples, were also causes of concern for Prof Puras.

He noted that migrant workers here suffer from high levels of exploitation in the workplace, including physical, sexual and emotional abuse, as well as high occupational risks.

The practice of establishing immigration counters in public hospitals to facilitate the detention of illegal migrants who seek medical treatment was also brought to his attention.

Said Prof Puras: “I consider that this practice goes against public heath interests and the code of ethics of doctors.

“The establishment of these counters will deter undocumented migrants from seeking healthcare for fear of being reported, which, among other things, could cause the spread of communicable diseases.”

He was also alarmed at reports of illegal female migrants and asylum seekers being taken to detention centres only days after giving birth in public hospitals, and once there, receiving inadequate care and medical attention.

“I urge the authorities to stop this practice and to refrain from using the health system for law-and-order purposes,” he said.

At the same time, Prof Puras said he understands the huge burden migrants can be on the country’s healthcare system.

He shared that the local doctors he spoke to were proud that migrants have access to good-quality healthcare, but were also ambivalent because these patients were, at the same time, taking away resources from citizens.

However, Prof Puras observed: “Millions of these migrants contribute to (Malaysia’s) wealth. Malaysia needs these migrants; if they suddenly don’t come, there will be a problem.

“We should not see them just as a burden, they contribute to economic growth.”

He also observed that despite efforts from the Government, indigenous groups still face health-related issues.

“Health indicators among indigenous populations are significantly worse than those of the general population,” he said, giving the examples of lower life expectancy (53 years versus the general average of over 70 years), higher disease rates, and issues with birth registration, which affects future access to healthcare.

He noted that the lack of information and dialogue about development projects that affect their land has also significantly affected these communities.

“This has led to a substantial loss of access to traditional land and sources of livelihood, and has had a direct and negative impact on their diet and physical health.”

Selective rights

Malaysia has ratified only three out of the 10 core international human rights treaties.

“This, together with the reservations introduced to the treaties ratified, and the slow pace in reporting to the respective health monitoring bodies, is seriously affecting the accountability of the Government and can undermine efforts undertaken so far,” said Prof Puras.

“Many of the challenges that I have preliminarily identified during my visit are related to a selective approach to human rights.

“This approach is mostly based on restrictive interpretations of cultural and religious norms and practices, and to a departure from universal human rights principles and standards.

“This is having an impact on many groups of the population that are being excluded in law and practice from the efforts to promote and protect the right to health.”

He opined that excluding vulnerable groups would have a “boomerang effect” on society in the long term.

Excluding some groups and telling them they do not deserve equal rights because they are, for example, LGBT or migrants, not only affects their right to health, but also gives lie to a society that professes to value harmony and unity, he said.

However, from his visit, Prof Puras believes that the Government is open to listening to constructive criticism, and is committed to ensure and guarantee the right to health.

Now, his real work begins, as he puts together his observations and recommendations in a report to be put before the UN Human Rights Council in June.

The report seeks to identify the current status of the policy and legal environment in Malaysia that safeguard the universal human rights of key affected populations with regard to HIV prevention, care and treatment. The review and consultation establishes a baseline and it provides a set of concrete recommendations to contribute to reforms that will promote an enabling environment where the human rights of the key populations are adequately protected.

Please download at:

http://www.asia-pacific.undp.org/content/rbap/en/home/library/hiv_aids/review-and-consultation-on-the-policy-and-legal-environments-rel/

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