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LGBTI Rights are Human Rights

The 54-member African Group have drafted a resolution, calling for the suspension of the UN’s new ‘LGBTI investigator’ who would investigate human rights violations against Lesbians, Gays, Bisexuals, Transgender and Intersex (LGBTI) people. The Human Rights Council resolution establishing the LGBT expert was adopted by a vote of 23-18 in June this year (with six abstentions) and Vitit Muntarbhorn was appointed to the role last month.

The UN has worked to improve the rights of the LGBT community in recent years but has repeatedly run into opposition from some member states, especially from countries in the Middle East and Africa as well as China and Russia.

It is important to remind all reading that, according to a UN human rights report last year, at least 76 countries still retain laws used to criminalise and harass people on the basis of their sexual orientation and gender identity or expression, including laws criminalising consensual same-sex relationships among adults. There is still a lot of work to be done if we want to obtain equality for LGBTI people around the world.

In a joint statement to the general assembly the African Group said that ‘sexual orientation and gender identity’ had nothing to do with human rights and that “other issues of paramount importance, such as the right to development and the racism agenda.” Botswana’s ambassador, Charles Ntwaagae, stated that it was a sovereign matter governed by domestic law, and that the UN had no business “delving” in it.

The Foreign and Commonwealth minister, Alan Duncan (appointed 17 July of this year) who was one of the first openly gay Conservative MPs, says that anti-gay laws in the commonwealth are ‘out of date’ and told British MPs yesterday that he was ‘fighting in every capital in the world’ to save the mandate of the UN’s gay rights monitor. I should think so. Duncan expressed surprise at the ‘sudden move’ by the African group but surprise should not cloud the fact that this has the potential to turn in to a wider battle over anti-gay laws in the commonwealth.

The co-director of International Service for Human Right’s New York office, Eleanor Openshaw, eloquently explained how there were no grounds on which to question the legality of the expert’s mandate:

The legal validity of this expert position is rooted in principles of non-discrimination and universality of human rights as enshrined in the Universal Declaration on Human Rights. It is very much in line with the council’s responsibility and obligation, as articulated in its founding documents, to promote the universal protection of all human rights and fundamental freedoms for all.”

All must remember that LGBTI rights are human rights and this suggested suspension is the denial of basic human rights on the LGBTI community.

The move at the UN was expected to be made yesterday, but it now seems it is likely to be made later this week.

Click here to watch Sarah Champion MP in Parliament. Sarah is the UN’s independent LGBT advocate.


Blog by Lui Asquith, Specialist LGBTQ Family Solicitor

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