UN Human Rights Council approves action against anti-LGBT violence and discrimination

The UN Human Rights Council has finally done something useful (other than its usual rote denunciations of Israel). By a vote of 23-18, with 6 abstentions, it voted to "deplore" violence and discrimination against individuals because of their sexual orientation or gender identity. It also voted to appoint an independent expert "on protection against violence and discrimination based on sexual orientation and gender identity." The text of the whole resolution is below.

The yes votes were: Albania, Belgium, Bolivia, Cuba, Ecuador, El Salvador, France, Georgia, Germany, Latvia, Mexico, Mongolia, Netherlands, Nigeria, Panama, Portugal, Republic of Korea, Slovenia, Switzerland, The former Yugoslav Republic of Macedonia, United Kingdom of Great Britain and Northern Ireland, Venezuela, and Viet Nam. [I think this list must be incorrect, because Nigeria stated during the discussion before the vote on the resolution that it opposed it - unless its position changed just before the actual voting].

Those voting no were: Algeria, Bangladesh, Burundi, China, Congo, Côte d’Ivoire, Ethiopia, Indonesia, Kenya, Kyrgyzstan, Maldives, Morocco, Namibia, Qatar, Russian Federation, Saudi Arabia, Togo, and United Arab Emirates.

Those abstaining were: Botswana, Ghana, India, Maldives, Philippines, and South Africa.

The official UN report recounts the voting both on the resolution itself and on various amendments that were brought forth by the Organization of Islamic Cooperation that would have totally eviscerated the meaning of the resolution.

Saudi Arabia, Bangladesh, and Nigeria (speaking on behalf of the Organization of Islamic Cooperation [OIC], with the exception of Albania) put forward an amendment to take no action. This was rejected 22 against, 15 in favor, and 9 abstentions.

Nigeria also spoke in favor of the amendment to take no action:

Nigeria took the floor on behalf of the Organization of Islamic Cooperation, with the exception of Albania, and spoke in favour of the no-action motion on draft resolution L.2 as requested by Saudi Arabia. The Organization of Islamic Cooperation believed that the draft resolution L.2 was divisive and was concerned that the lack of definitions of sexual orientation and gender identity and the attached human rights and fundamental freedoms carried certain responsibility for States. The controversial views of those issues could not be imposed by some Member States. The adoption of the resolution would ensure that the attention on sexual orientation and gender identity issues as seen by the Western States would take root in the United Nations, without taking into account the views of a large number of States. The draft resolution was highly divisive and would create rancour within the Council which now should be focusing on its core agenda.

Pakistan then put forward ten amendments on behalf of OIC (with the exception of Albania). Saudi Arabia spoke in favor of the amendments:

Saudi Arabia, speaking in a general comment, said that the universality of human rights did not mean the imposition of certain so-called human rights concepts or ideas imposed from the point of view of another party, when those ran counter to some beliefs and specificities. Protecting the universality of human rights should not go beyond the main framework of human rights and be used to interfere in the affairs of sovereign States. The draft resolution imposed a specific notion that ran counter to religions. Saudi Arabia would not compromise or barter man-made legislation against divine laws. Islam knew the true meaning of human rights. The international community had to refrain from using the Council to interfere in the affairs of other sovereign States. Such resolutions would compromise the functioning of the Council. All were called on to vote yes for the amendments. 

The proposed amendments sought to insert statements that put the values of religion (most obviously Islam) and culture over those of human rights for LGBT people. These are the seven that were adopted:

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, [adopted 24-17-4]

Undertaking to support its 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, [adopted 23-17-5]

Reiterating the importance of respecting regional, cultural and religious value systems as well as particularities in considering human rights issues, [adopted 20-18-6]

Underlining the fundamental importance of respecting relevant domestic debates at the national level on matters associated with historical, cultural, social and religious sensitivities, [adopted 21-17-7]

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, [No one had suggested these measures]. [adopted 23-18-4]

Concerned 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, and taking into account that such attempts constitute an expression of disregard for the universality of human rights, [adopted 17-18-9 - if this is a correct record of the vote, then this amendment was rejected, not adopted]

Underlining that the present 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, [adopted 22-17-5]

From what I can see of the resolution as it was adopted, it seems that the first paragraph of the preamble incorporated language from these seven amendments, but did not include the most inflammatory one, about "external pressures."

The next amendment, L.80, would have entirely replaced the second paragraph of the resolution with these words: "Deplores acts of violence and discrimination, in all regions of the world, committed against individuals because of their race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status." This amendment was rejected: 16 in favor, 20 against, and 8 abstentions.

Amendment L.81 would have replaced paragraphs 3-8 with the following words, which totally eliminated any reference to sexual orientation or gender identity:

Requests the United Nations High Commissioner for Human Rights to present a report to the to the Human Rights Council, at its thirty-fifth session, on the 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;

This amendment was also rejected: 17 in favor, 19 opposed, and 8 abstentions.

In the discussion leading up to the final vote on the resolution, Saudi Arabia said:

Saudi Arabia, speaking in an explanation of the vote before the vote, said that this draft resolution went contrary to its sacred values. It sought to impose issues that were prohibited by Saudi Arabia’s religion. This had nothing to do with discrimination or violence. The adoption of this mandate holder would lead to discussions on controversial issues that the Council would never be in a position to impose on Saudi Arabia. Saudi Arabia would vote against this text, and would not cooperate with the Independent Expert.

Morocco said:

This text ran against the beliefs of more than 1.5 billion people in the world. Islam was a religion of non-violence, and Morocco had made great commitments in that regard. But today it was forced to call on all States to vote against this text, in order to support those outside the United Nations who expected the Council to protect their culture and values. 

The Russian Federation said:

Russian Federation, speaking in an explanation of the vote before the vote, said that authorities in Russia carefully investigated and prosecuted all cases of violence and discrimination. Elements of private life were deeply individual choices, and they did not need a particular system of protection. International law, and national law in Russia, was extended in all areas equally, including women, ethnic or religious minorities or homosexuals. The Russian Federation noted that many thousands of years of development was carried out by those who did not make such a private choice, and the Russian Federation regretted that the co-sponsors of this resolution were trying to prevent others from defending their own views. The Russian Federation would vote against the creation of this mandate, and should it be established nonetheless, it would not cooperate with it. [In fact, gays and lesbians in Russia are discriminated against, are subject to great violence, and can run afoul of the state if they engage in so-called pro-gay propaganda].

Albania, the only majority Muslim state that voted in favor of the resolution, explained its vote as follows:

Albania, speaking in an explanation of the vote before the vote, commended the leadership of the core group protesting against violence based on sexual orientation and gender identity. Violence against any individual was condemned, and the inherent dignity of all individuals should be upheld. The protection from violence of lesbian, gay, bisexual, transgender and intersex persons was a priority for the Albanian Government. The aim of the draft resolution was to appoint a Special Procedure mandate holder, who could work on protection against violence and discrimination based on sexual orientation and gender identity. The current text of the resolution did not seek to create any new rights, but affirmed the application of existing human rights standards.

Protection against violence and discrimination based on sexual orientation and gender identity

The Human Rights Council,
Reaffirming the Universal Declaration of Human Rights,

Recalling that the Vienna Declaration and Programme of Action affirms that all human rights are universal, indivisible and interdependent and interrelated, that the international community must treat human rights globally in a fair and equal manner, on the same footing, and with the same emphasis, and that while the significance of national and regional particularities and various historical, cultural and religious backgrounds must be borne in mind, it is the duty of States, regardless of their political, economic and cultural systems, to promote and protect all human rights and fundamental freedoms,

Recalling also General Assembly resolution 60/251 of 15 March 2006, in which the Assembly stated that the Human Rights Council should be responsible for promoting universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner,

Recalling further Human Rights Council resolutions 17/19 of 17 June 2011 and 27/32 of 26 September 2014,

Recalling Human Rights Council resolutions 5/1 and 5/2 of 18 June 2007,

1. Reaffirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in the Universal Declaration of Human Rights, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status;

2. Strongly deplores acts of violence and discrimination, in all regions of the world, committed against individuals because of their sexual orientation or gender identity;

3. Decides to appoint, for a period of three years, an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, with the following mandate:

(a) To assess the implementation of existing international human rights instruments with regard to ways to overcome violence and discrimination against persons on the basis of their sexual orientation or gender identity, while identifying both best practices and gaps;

(b) To raise awareness of violence and discrimination against persons on the basis of their sexual orientation or gender identity, and to identify and address the root causes of violence and discrimination;

(c) To engage in dialogue and to consult with States and other relevant stakeholders, including United Nations agencies, programmes and funds, regional human rights mechanisms, national human rights institutions, civil society organizations and academic institutions;

(d) To work in cooperation with States in order to foster the implementation of measures that contribute to the protection of all persons against violence and discrimination based on sexual orientation and gender identity;

(e) To address the multiple, intersecting and aggravated forms of violence and discrimination faced by persons on the basis of their sexual orientation and gender identity;

(f) To conduct, facilitate and support the provision of advisory services, technical assistance, capacity-building and international cooperation in support of national efforts to combat violence and discrimination against persons on the basis of their sexual orientation or gender identity;

4. Requests the Independent Expert to report annually to the Human Rights Council, starting from its thirty-fifth session, and to the General Assembly, starting from its seventy-second session;

5. Calls upon all States to cooperate with the Independent Expert in the discharge of the mandate, including by providing all information requested, to give serious consideration to responding favourably to the requests of the Independent Expert to visit their countries and to consider implementing the recommendations made in the mandate holder’s reports;

6. Encourages all relevant stakeholders, including United Nations agencies, programmes and funds, human rights mechanisms, national human rights institutions, national independent monitoring frameworks, civil society, the private sector, donors and development agencies to cooperate fully with the Independent Expert to enable the mandate holder to fulfil his or her mandate;

7. Requests the Secretary-General and the United Nations High Commissioner for Human Rights to provide the Independent Expert with all the human, technical and financial resources necessary for the effective fulfilment of his or her mandate;

8. Decides to remain seized of this issue.