United Nations Makes History on Sexual Orientation and Gender Identity

30 June 2016, at 2.30 pm Geneva time we expect the vote on the resolution entitled “Protection against violence and discrimination based on sexual orientation and gender identity”. A copy is attached. It has the number “A/HRC/32/L.2/Rev.1”. You will have seen reference by ARC earlier today to the joint statement of 628 NGOs from 151 countries that was delivered at the UN on Monday. You can watch the statement being read here: http://ilga.org/628-ngos-sogi-independent-expert/. Those of us here in Geneva are very aware that we are only one tiny part of an amazing group around the world helping this to happen. Thank you to everybody who is involved in whatever way. We are humbled by the efforts of people in many different corners of our planet.

the Resolution A/HRC/32/L.2/Rev.1 on the protection against violence and discrimination based on sexual orientation and gender identity that establishes an Independent Expert on this issue. This is a major achievement at the HRC!

 

The resolution has been adopted after 3 hours of discussion. It has enjoyed the co-sponsorship of 47 States.

 

The Resolution has passed by a vote of 23 States in favour, 18 against, 6 abstained. Find attached the results of the vote.

 

Before voting for the resolution Saudi Arabia requested a no-action motion that was rejected by 15 in favour – 22 against – 9 abstentions.

 

The Resolution has been passed with the following amendments suggested by Pakistan: L. 73 to L.79

A/HRC/32/L.73, A/HRC/32/L.74, A/HRC/32/L.75, A/HRC/32/L.76, A/HRC/32/L.77, A/HRC/32/L.78, A/HRC/32/L.79

The following amendments were rejected: A/HRC/32/L.71, A/HRC/32/L.72, A/HRC/32/L.80, A/HRC/32/L.81

 

Separate votes were requested on the title of the Resolution, PP4, OP 2 and OP 3-7 and after a vote all the paragraphs were retained.

 

In the final vote all States that abstained provided an explanation of vote in favour of SOGI rights but informed that they were not ready to support the establishment of a mandate.  Unfortunately some States that voted against informed that they will not cooperate with the mandate holder.

 

The final resolution is not yet available but I can send it to you once it has been uploaded on the HRC extranet.

This is a major achievement coinciding with the 10th anniversary of the HRC that will ensure not only the establishment of the mandate but also that SOGI rights are discusses annually at the HRC!

 

1. Deleting “based on Sexual Orientation, and Gender Identity” from the title and replacing with due to any basis such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

2. Deleting references to the previous SOGI resolutions of the HRC, and instead recalling all Human Rights Council resolutions relevant to protection against violence and discrimination  due to any basis such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

3. A new preambular paragraph stressing the need to maintain joint ownership of the international human rights agenda and to consider human rights issues in an objective and non-confrontational manner.

4. A new preambular paragraph undertaking to support the Human Rights Council’s broad and balanced agenda, and to strengthen the mechanisms addressing issues of importance, including fighting racism, racial discrimination, xenophobia and related intolerance, in all their forms.

5. A new preambular paragraph reiterating the importance of respecting regional, cultural and religious value systems as well as particularities in considering human rights issues.

6. A new preambular paragraph underlining that fundamental importance of respecting the relevant domestic debates at the national level on matters associated with historical, cultural, social and religious sensitivities

7. A new preambular paragraph deploring the use of external pressures and coercive measures against States, particularly developing countries, including through the use and threat of use of economic sanctions and/or application of conditionality on official development assistance, with the aim of influencing the relevant domestic debates and decision making processes at the national level

8. A new preambular paragraph expressing concern by any attempt to undermine the international human rights system by seeking to impose concepts or notions pertaining to social matters, including private individual conduct, that fall outside the internationally agreed human rights legal framework, taking into account that such attempts constitute an expression of disregard for the universality of human rights

9. A new preambular paragraph underlining that this resolution should be implemented while ensuring respect for the sovereign right of each country as well as its national laws, development priorities, the various religious and ethical values and cultural backgrounds of its people and should also be in full conformity with universally recognized international human rights.

10.  Deleting “because of their Sexual Orientation, and Gender Identity” from OP2  (context is deploring violence and discrimination) and replacing with due to any basis such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status

11. To delete the establishment of an Independent Expert (ie Op 3, 4, 5 ,6, 7 and 8) and replace with a request for a report from the High Commissioner on protection of all individuals against violence and discrimination committed because of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status with a focus on major challenges and best practices in this regard.

<L.2 Rev1 – SOGI resolution.docx>

<L.71 – 1st amendment.docx>

<L.72 – 2nd amendment.docx>

<L.73 – 3rd amendment.docx>

<L.74 – 4th amendment.docx>

<L.75 – 5th amendment.docx>

<L.76 – 6th amendment.docx>

<L.77 – 7th amendment.docx>

<L.78 – 8th amendment.docx>

<L.79 – 9th amendment.docx>

<L.80 – 10th amendment.docx>

<L.81 – 11th amendment.docx>

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, UK, Venezuela, Viet Nam

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

Results of the voteVoting in favor of Source: United Nations Makes History on Sexual Orientation and Gender Identity

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