LGBT+ Human Rights Adoption

United Nations Human Right Council

Presentation

Dear Delegates, I, Diego Meade, will be acting as the president for the 2019 United Nations Human Rights Council. This committee will be debating the subject of LGBT+ human rights adoption, meaning that we’ll be discussing subjects that may vary from simple inclusion to employment laws and gender identity changes. This is a very important subject to debate since it is one of the most debated subjects in actuality. If you have any doubt about the committee you can contact me at: [email protected]

Hello Delegates, I am Paola Ferrari, your moderator in the 2019 United Nations Human Rights Council. Alongside my partners we will be expecting from you the understanding of your assigned country’s view on the matter and the optimal progress during the different sessions. It is important to know that, aside from the country’s viewpoint we will not be accepting any hate comments against your fellow delegates or their country’s take on the subject matter. We gladly invite you to participate in the sessions actively and to enjoy these as well. If you need any more information I will be responding to your concerns via this email: [email protected]

Delegates, I am Gonzalo Vázquez Vela, your conference officer for the United Nations’ Human Rights Council committee at the 2019 Alexmun. With the help of the other members of the chair and your positive participation in the committee we expect to reach great resolutions and shed light in the themes and subjects to be debated. We gladly hope you’ll join our committee. If you need any information or have any doubts, contact me at [email protected]

History of The Committee

The United Nation Human Rights Council was founded March 15th , 2006. This committee forms part of the United Nations and it is one of it’s intergovernmental organs. It’s main objective is the study of situations that lead to the stability of people in the 47 members responsible for the violations of Human Rights. Furthermore, this system is responsible for the promotion and protection of human rights in the face of the universal ideals of human dignity. The headquarters of this council is in Geneva, Switzerland. Within its structure, the main responsible is the High Commissioner for Human Rights, a position currently held by Coly Seck. As mentioned in the official website of this organization, the thematic priorities are: "To Strengthen international human rights mechanisms in order to promote equality and the fight against discrimination, the fight against impunity and the strengthening of accountability and the rule of law; the integration of human rights in development plans and in the economic sphere; expanding the reach of democracy; and create mechanisms to alert and protect human rights in situations of conflict, violence and insecurity". The High Commision. The Universal Declaration of Human Rights was created in December 1948, establishing for the first time in humanity the basic economic, social and cultural, civil and political rights that all human beings should enjoy. :)

The Council has its structure divided in 4 main bodies: ● Division of External Relations (DER) ● Division of Financial and Administrative Management (DFAM) ● Division of Human Resources Management (DHRM) ● Division of Information Systems and Telecommunications (DIST)

Regarding its history, the headquarters is delivered to a division within the headquarters of the organization. The United Nations in 1940. Subsequently, the Member States of this organization that decide to go to the Division of Geneva, will be the Center for Human Rights. The Center has begun to gain importance and obtain institutional support; thus, in 1993, by a General Assembly of the creation of the post of High Commissioner for Human Rights.

Topic A: LGBT+ Human Rights Adoption

Background

We, as the human race, have had recorded in history since 1790 acts of hatred against the LGBT community which have had a great impact in today’s view on the subject matter. We see then on December 10th 1948 the publishment of the Universal Declaration of Human Rights. This is a huge step towards the acceptance and embracing of human rights which led to a greater understanding of what it means to be human. But aside from this, hate crime against the LGBT community only grew up to the point in which, during 2011, the United Nations had to respond against this. People in the LGBT community were being subjected to discrimination, violence, torture, kidnapping and murder. This led to debates on the issue inside the UN HRC. On the 26th of July 2013 the Free and Equal campaign was launched by the UN in favor of lessening the discrimination against these people. The debates hosted and proposed by these kinds of campaigns have led to move countries in favor of the acceptance of the community towards a greater future.1

Introduction

The rights of LGBT+ people are not being respected or at least granted in many countries around the world. Some countries have created laws against the community, discriminating them in many ways and not respecting the mere freedom they have as human beings. As well as countries who don’t respect these rights, there are countries such as Germany and Austria which have a great reputation respecting and guaranteeing their rights and giving them freedom; a lot of people disagree with this type of freedom due to culture, religion or other motives. This creates an enormous debate regarding the creation of laws concerning identity, expression, same-sex sexual activity, same-sex mirage, and LGBT+ rights overall.

According to the Universal Declaration of Human Rights, which states in its first article: “All human beings are born free and equal in dignity and rights.” Yet, if we were to look just as far as 2011, the United Nations Human Rights Council had to express

1 See the map at the bottom of the following page for more information on the matter: https://www.unfe.org/learn-more/ its grave concern regarding severe acts of violence and discrimination based on sexual orientation and gender identity. As of this day, members of the LGBT+ community are being subjected to discrimination, brutal violence, torture, kidnapping, and even murder.

To this day, 76 countries still criminalize same sex relationships, but since 1990, almost 40 countries have legalized same sex relationships, others have even gotten as far as to lawfully ban the discrimination against LGBT+ people.

According to the Free & Equal program made by the United Nations for LGBT+ Equality, the most common forms of violations towards LGBT+ people are: ● Violent attacks, ranging from aggressive verbal abuse and psychological bullying to physical assault, beatings, torture, kidnapping and targeted killings. ● Discriminatory criminal laws, often used to harass and punish LGBT people, including laws criminalizing consensual same-sex relationships, which violate rights to privacy and to freedom from discrimination. ● Discriminatory curbs on free speech and related restrictions on the exercise of rights to freedom of association and assembly, including laws banning dissemination of information on same-sex sexuality under the guise of restricting the spread of so-called LGBT “propaganda.” ● Discriminatory treatment, which can take place in a range of everyday settings, including workplaces, schools, family homes and hospitals. Without national laws prohibiting discrimination by third parties on grounds of sexual orientation and gender identity, such discriminatory treatment continues unchecked, leaving little recourse to those affected. In this context, lack of legal recognition of same-sex relationships or of a person’s gender identity can also have a discriminatory impact on many LGBT individuals.

Countries Involved

Afghanistan Angola Argentina Australia Austria Bahamas Bahrain Bangladesh Brazil Bulgaria Burkina Faso Chile China Croatia Cuba Czechia Democratic Republic of the Congo Denmark Egypt Eritrea Fiji Hungary Iceland India Iraq Italy Japan Mexico Nepal Pakistan Peru Phillipines Qatar Saudi Arabia Senegal

Other Organizations Involved

Some prominent organizations that take a role in the movement for the adoption of human rights for the LGBT+ community are: ● The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA): ○ This is an organization devoted to voicing LGBTI networks, communities and movements in order to manage a world where everyone can live safely, equally and free. ○ It’s mission is to: ■ Act as a leading organizations and voice for those facing discrimination on sexual orientation, gender identity/expression grounds. ■ Work toward the achievement of equality, freedom and justice for the groups it advocates, through advocacy, collaborative actions and education of people, international and regional institutions and governments. ■ Empowering members of the community and other similar organizations. ■ Promoting diversity of the LGBTI community. ● : ○ A non-profit, international organization independent of any political ideology, economic interest or religion. ○ Their actual efforts include: “LGBTI advocates that have overcome enormous challenges and risks to their own personal safety to call out abuses of the human rights of LGBTI people, and force changes to laws that discriminate against them. From the introduction of the concept of Pride and global recognition days like the International Day against , Transphobia and Biphobia (also known as IDAHOTB), LGBTI people are forging alliances and promoting pride in who they are worldwide. The collective efforts of activist organisations around the world has paid real dividends. Today, at least 43 countries recognise homophobic crimes as a type of hate crime. And as of May 2019, 27 countries have made same-sex marriage legal.” ● : ○ An independent, investigative organization that has investigated and reported on the abuse of human rights throughout the world. It is dedicated to protect activists and help hold abusers accountable as well as bringing justice to the victims. ○ Human Rights Watch works for lesbian, gay, bisexual, and transgender peoples' rights, and with activists representing a multiplicity of identities and issues. ○ This organization documents and exposes abuses based on sexual orientation and gender identity worldwide, including torture, killing and executions, arrests under unjust laws, unequal treatment, censorship, medical abuses, discrimination in health and jobs and housing, domestic violence, abuses against children, and denial of family rights and recognition. They advocate for laws and policies that will protect everyone’s dignity. ● The Kaleidoscope Trust: ○ Established in 2011, The Kaleidoscope Trust works to uphold the human rights of lesbian, gay, bisexual and trans (LGBT) people in countries where they do not have their equal rights and are discriminated against because of their sexual orientation and/or gender identity. ○ This organization focuses on three approaches in order to get it’s end: ■ Raising awareness about the contexts LGBT people face abroad through communications and advocacy within the UK ■ Policy change efforts with Commonwealth institutions and member states ■ Strengthening skills of LGBT activists and building platforms for their advocacy Today’s Situations

The hate crime percentages towards the LGBT community in the past years have been the following: In the UK

In the USA

In Canada (shown in purple)

In Russia

The following map shows an aproximate of today’s acceptance by country of LGBT rights

The Free and Equal organization in the United Nations Human Rights Council took action to violence and harassment of the LGBT community in the following ways during 2018:

● Launched campaigns to help the young trans and bisexual people encouraging allies and celebrating the 70th anniversary of the Universal Declaration of Human Rights.

● Had events in the following countries: Albania, Brazil, Cabo Verde, Cambodia, Dominican Republic, Guatemala, Macedonia, Mongolia, Peru, Serbia, Timor Leste and Ukraine.

● Produced 28 new videos, four targeting a global audience and 24 supporting national-level advocacy.

● Broke previous campaign records when the campaign’s video “Be There” for the International Day against Homophobia, Biphobia and Transphobia was seen by more than 21 million views in a single week.

● Continued to promote the new global standards for business on LGBTI equality launched in 2017 by the UN Human Rights Office with backing from across the business community.

● The standards ofer the private sector concrete guidance on how companies can promote LGBTI inclusion and stand up for the rights of LGBTI people. So far more than 235 companies2 from around the world have publicly pledged support for the standards.

● During the UN General Assembly on 25 September, UN Free & Equal helped draw attention to the prevalence of extrajudicial killings of LGBTI people. The event opened with a video message from UN Secretary- General Antonio Guterres followed by a panel debate featuring UN High Commissioner for Human Rights Michelle Bachelet, Special Rapporteur for Extrajudicial, Summary or Arbitrary Executions Agnes Callamard, prominent Ugandan activist and photographer Robin Hammond, and was moderated by Jessica Stern from OutRight Action International.

Expected council action/Committee Mission/Topics To be Addressed

The legalization of same-sex relationships and intercourse and the progress of this in 1st, 2nd and 3rd world countries.

The dismantling of anti-lgbt+ and lgbt+ discrimination laws in both the Eastern and Western world.

LGBT+ hate crime Laws in Russia and .

Laws concerning gender identity-expression in 1st world countries.

2 These companies can be found in page 13 of the following official pdf: https://www.unfe.org/wp- content/uploads/2019/03/2018_Progress_Report.pdf Maybe you could consider adding some specific cases or specific laws in specific countries

List of Countries (Proposed)

Europe 1. Italy 2. Netherlands 3. Spain 4. United Kingdom 5. Ireland 6. 7. Russia 8. Austria 9. Finland 10. France 11. Greece America (North) 12. U.S.A. 13. Canada 14. Mexico America (South) 15. Chile 16. Venezuela 17. Ecuador 18. Dominica Oceania 19. Australia 20. Tuvalu Asia/Middle East 21. India 22. Japan 23. Israel 24. Turkey 25. Lebanon 26. Qatar Africa 27. South Africa 28. Ivory Coast 29. Algeria 30. Namibia

Bibliography

● https://www.unhcr.org/5461e60f0.pdf ● https://www.ohchr.org/EN/HRBodies/HRC/Pages/Presidency.aspx ● https://ilga.org/what-we-do ● https://www.amnesty.org/en/what-we-do/discrimination/lgbt-rights/ ● https://www.hrw.org/topic/lgbt-rights ● https://kaleidoscopetrust.com/ ● https://www.unfe.org/un-leaders-sport-stars-activists-join-forces- equality/ ● https://www.unfe.org/wp-content/uploads/2018/10/International-Human- Rights-Law-English.pdf ● https://www.unfe.org/learn-more/ ● https://www.unfe.org/wp- content/uploads/2019/03/2018_Progress_Report.pdf ● https://www.ohchr.org/Documents/Issues/Discrimination/Joint_LGBTI_S tatement_ENG.PDF