OAS LGBTTI Coalition Comunique,Declaration Statement and Resolution in Guatemala
Posted June 9th, 2013
COALITION OF LGBTTTI ORGANIZATIONS WORKING IN THE OAS
CELEBRATES THE APPROVAL OF THE CONVENTIONS ON RACISM AND ALL FORMS OF DISCRIMINATION AND INTOLERANCE AND THE SIXTH RESOLUTION ON HUMAN RIGHTS, SEXUAL ORIENTATION AND GENDER IDENTITY
The Coalition of LGBTTTI organizations of Latin America and the
Caribbean, formed by groups belonging to more than 23 countries, expresses in
this communiqué its assessment of the activities of the 43rd General Assembly
of the Organization of American States, which took place in La Antigua,
Guatemala, on June 4 -6, 2013; as well as of its work in the days prior to the
Assembly.
After a long process of discussions and
negotiations, the OAS has adopted two conventions at this General Assembly: the
Convention against Racism, Racial
Discrimination and Related Forms of Intolerance; and the Convention Against All
Forms of Discrimination and Intolerance,
which for the first time in the region include the categories of sexual
orientation and gender identity and expression in an international instrument
for the protection of human rights. Likewise, the OAS General Assembly has
adopted the fifth resolution AG / RES. 2807 (XLIII-O/13) "Human Rights,
Sexual Orientation and Gender Identity and Expression," which includes urging
Member States to ensure adequate protection for intersex people and to
implement policies and procedures, as appropriate, to ensure conformity of
medical practice with recognized standards of human rights in the matter. The resolution was a direct result of
the LGBTTTI Coalition's Advocacy, which was particularly necessary in the final
discussion of the text within the General Committee, where the drafts and
resolutions that do not reach the consensus of the member states are discussed.
This discussion took place at the request of El Salvador which was accompanied
by the considerations expressed by the delegations of Jamaica, Belize and
Barbados. These considerations faced strong opposition from Brazil, Argentina,
Uruguay, Canada and Chile.
Moreover, in the plenary session of June 5,
all OAS member states endorsed the contents of the draft Conventions. This constitutes a historic moment for the
Inter-American human rights protection system and especially for the regional
LGBTTTI movement. In particular, the text of the Convention Against All Forms
of Discrimination and Intolerance includes, among the duties of the states, the
obligation to prevent, suppress, prohibit and punish all acts and
manifestations of discrimination and intolerance, including the publication,
circulation and dissemination of any material defending and inciting hatred and
intolerance. This includes the acts of genocide or crimes against humanity,
including violence and criminal acts against the property of the victims; any
enforcement action and restriction of the exercise of rights, such as the
admission to public and private places, and the access to education and any of
the social, economic and cultural rights.
In addition, the Convention requires member
states of the OAS to adopt policies, measures and affirmative actions in favor
of individuals or groups exposed to discrimination and intolerance. It also
requires the adoption of legislation clearly defining and prohibiting
discrimination and intolerance and ensuring equal access to the justice system,
to expeditious and effective processes, and fair compensation for damage in
civil or criminal liability.
In order to follow up on the commitments made
by the signatory states of the two Conventions, the approved document
establishes an Inter-American Committee, which shall be integrated by one independent
expert appointed by every State party.
Once approved, the Conventions were made
available to the country representatives for signature, which was performed on
the last day of sessions by Argentina, Uruguay, Brazil, Costa Rica, and
Ecuador. Antigua and Barbuda only signed the Convention on Racism. The
Convention will enter into force 30 days after the deposit of the instrument of
ratification of only two countries.
In the days prior to the 43rd General
Assembly, the Coalition held a side event in preparation for advocacy and
involvement in the OAS, with an agenda that included (a) the implementation of
the resolution "Human Rights, Sexual Orientation and Gender Identity
"; (b) the Interaction with the Human Rights Commission (with particular
focus on thematic hearings) and the election of new commissioners to the
Commission, (c) the interaction with the Commission for Political and Legal
Affairs; the (d) advocacy strategy for signature and ratification of the
Convention Against All Forms of Discrimination and Intolerance and (e) advocacy
among Member States. The event was attended by Jorge Sanin, director of the
Department of International Affairs of the OAS; and Mayra Ahern, Alternate
Representative of the U.S. Mission to the OAS.
During the informal dialogue between the Secretary General of the OAS and
civil society held on June 3 in La Antigua, LGBTTTI Coalition members of the
English Caribbean, Caribbean Forum for the Liberation and Acceptance of Genders
and Sexualities (CARIFLAGS) asked the Secretary
General José Miguel Insulza for an update of the dialogue under the auspices of the
Secretariat and the Caribbean countries to decriminalize sexual practices
between people of the same sex. The issues of the problem of drugs and the
vulnerability of trans persons to drug consumption and trafficking were also
raised. As well, the OAS recognition of the social name of trans persons since
2007, proposing the recognition of gender identity in all member countries, was
recalled. Mr. Insulza highlighted the importance of the Inter-American
Convention against All Forms of Discrimination and Intolerance within the fight
against discrimination based on sexual orientation and gender identity and
expression in the region. He also acknowledged the work of LGBTTTI civil
society organizations in achieving this accomplishment.
On June 4, the dialogue between the civil society and heads of
delegations of the member countries of the OAS was held. The LGBTTTI people
were represented by Johana Ramirez, a Guatemalan trans activist. Her speech can
be read below. At the meeting, the heads of the delegations of Chile, Bolivia
and Uruguay reaffirmed their countries' commitment to promote and protect the
rights of LGBTTTI people. The dialogue with civil society was particularly
controversial due to the participation of Pro-Life activists who opposed the
recognition of any discrimination based on sexual orientation and gender
identity.
In the final plenary session, three members of the Inter-American
Commission on Human Rights were elected. José de Jesús Orozco of Mexico, James
Cavallaro of the U.S. and Paulo De Tarso Vannuchi of Brazil, the winning
candidates, had received the LGBTTTI Coalition's support in its advocacy work
with other delegations of member countries.
In his annual report, the President of the IACHR, José de Jesús Orozco,
prominently reported on the Commission's activities related to LGBTTTI human
rights. Orozco made reference to 54 murders on the grounds of sexual
orientation and gender identity, violence against lesbians and the frequent
cases of arbitrary arrest and detention of trans people in the region,
highlighting the work of LGBTI Unit of the Commission.
We welcome the successful work of the LGBTTTI Coalition under this year's
particularly complex circumstances due to the presence of fundamentalist
Catholic groups and the legally inconsistent and ambiguously expressed concerns
of Belize, Saint Vincent and the Grenadines, Saint Kits & Nevis, Dominica,
Jamaica, Barbados, Suriname, Guyana, Honduras, St. Lucia, Trinidad & Tobago
and Guatemala about Resolution AG / RES. 2807 (XLIII-O/13).
We would like to thank COC
Netherlands, the UNDP, GISHR - Heartland Alliance for Human Needs & Human
Rights, and AIDS Alliance for their support to our participation in this Assembly.
The participants
of the Coalition of LGBTTTI Organizations of Latin America and the Caribbean
working within the framework of the OAS were:
1. AIREANA -
Camila Zabala – Paraguay
2. AKAHATA,
EQUIPO DE TRABAJO EN SEXUALIDADES Y GÉNEROS – Sergio Maulen – Argentina
3. ASOCIACIÓN
LIDERES EN ACCION - Germán Rincón Perfetti - Colombia
4. ASOCIACIÓN
PAÑAMENA DE PERSONAS TRANS – Adriana González – Panama
5. ASPIDH –
Mónica Linares Hernández – El Salvador
6. ATRU –
Gloria Alvez Mariños – Uruguay
7. COALITION ADVOCATING FOR INCLUSION OF SEXUAL ORIENTATION – Colin
Robinson – Trinidad and
Tobago
8. COLECTIVA
MUJER y SALUD - July Betances – Dominican Republic
9. COLECTIVO
OVEJAS NEGRAS – Mauricio Coitiño – Uruguay
10. COLECTIVO
UNIDAD COLOR ROSA – Claudia Spellmant – Honduras
11. FUNDACION SANTAMARIA
– Valentina Riascos Sánchez – Colombia
12. GRUPO
ESPERANÇA – Liza Mineli – Brazil
13. JAMAICA FORUM OF LESBIANS, ALL-SEXUALS AND GAYS – Jaevion Nelson – Jamaica
14. ALFIL - Rashel
Erazo - Ecuador
15. LETRA S,
SIDA, CULTURA Y VIDA COTIDIANA – Alejandro Brito – Mexico
16. MULABI-COSTA
RICA – Natasha Jiménez – Costa Rica
17. ORGANIZACIÓN
DE TRANSEXUALES POR LA DIGNIDAD DE LA DIVERSIDAD – Andrés Rivera Duarte – Chile
18. ORGANIZACIÓN
TRANS REINAS DE LA NOCHE – Johana Ramírez – Guatemala
19. PANAMBI –
Marie Betancourt – Paraguay
20. RED
LATINOAMERICANA Y DEL CARIBE DE PERSONAS TRANS – Marcela Romero – Argentina
21. RED MEXICANA
DE MUJERES TRANS – Paty Betancourt – Mexico
22. RED
NICARAGUENSE DE ACTIVISTAS TRANS – Silvia Martínez – Nicaragua
23. SINDICATO
AMANDA JOFRÉ – Bianca Bustos Vidal – Chile
24. SOCIETY
AGAINST SEXUAL ORIENTATION DISCRIMINATION- Zenita Nicholson - Guyana
25. UNITED BELIZE
ADVOCACY MOVEMENT – Caleb Orozco – Belize
26. UNITED AND
STRONG – Adaryl Williams – Saint Lucia
27. WOMEN’S WAY – Tieneke Sumter – Suriname
As partners of the Coalition: Stefano Fabeni and
Marcelo Ernesto Ferreyra – Global Initiative for Sexuality and Human Rights of
the Heartland Alliance for Human Needs & Human Rights
La Antigua, Guatemala, June 6, 2013
DECLARATION
OF THE COALITION OF LESBIAN, GAY, BISEXUAL, TRAVESTI, TRANSEXUAL, TRANSGENDER
AND INTERSEX PERSONS FROM THE AMERICAS BEFORE THE GENERAL ASSEMBLY OF THE OAS.
LA ANTIGUA GUATEMALA, GUATEMALA, JUNE 4th, 2013
Mister Secretary General, Honourable Ministers,
Representatives of Official Delegations, Civil Society Colleagues:
We, Lesbian, Gay, Bisexual, Travesti,
Transsexual, Transgender and Intersex (hereinafter LGBTTTI) organizations,
convened in Antigua Guatemala, Guatemala, from May 31st to June 2nd,
2013,
in accordance with the directives established
by the OAS General Assembly in Resolutions AG/RES.2092 (XXXV-O/05); CP/RES.759
(1217/99); AG/RES.840 (1361/03) through the resolutions AG/RES.1707 (XXX-O/00)
and AG/RES.1915 (XXXIII-O/03), which set forth a regulatory framework to
enhance and strengthen civil society participation in the OAS and in the Summit
of the Americas process, would like to express that:
The policies of repression and criminalization of drug possession for personal consumption
have led to human rights violations of vulnerable groups.
Decriminalization and a fresh perspective on
this reality will reduce discrimination,
resulting in processes of social inclusion and democratic guarantees; not only for LGBTTTI persons but also
for afro-descendants, indigenous peoples, disabled persons, sexual workers, and
other vulnerable groups.
In the countries of Central America, organized crime groups
are controlled by neither the police
nor any other arm of the state, which
promotes citizen insecurity.
In this context, discrimination based on sexual
orientation and gender identity has increased, with acts of verbal and physical
violence, torture, cruel and inhuman treatment, forced disappearances, and
killings as the extreme expression of such violence.
Trans persons are among those most affected by these attacks.
They are also denied their right to health, to education and to work, in short, to
dignity. Lack of documents
recognizing the gender identity that trans persons have adopted and
constructed, or conditioning
their issuance on humiliating medical procedures, constitutes an insurmountable limit on their
access to rights.
Low self-esteem among lesbian women, caused by a patriarchal system that ignores and stigmatizes them, makes them vulnerable to problems
related to mental health, addictions,
domestic violence, psico-social debilitation, as well as
limiting their access to comprehensive
health care. In the “English-speaking”
(Commonwealth) Caribbean, this same system pushes
LGBTTTI youth into homelessness and young heterosexual
men to underperformance in
school.
Eleven Caribbean countries – one
third of the states in the Americas – continue to retain laws that criminalize
and prohibit consensual same-sex intimacy, crossdressing “for an improper
purpose”, as well as entry of foreigners based on their homosexuality. Some of
these governments have very recently enacted or enforced such laws; others
deliberately exclude LGBT persons from protections against discrimination.
In this sub region, access to justice and the mechanisms of
human rights protection are weak, Constitutional protection excludes
sexuality, access to supranational human
rights defense mechanisms is limited, and Caribbean governments have declared that
human rights protection of sexual
minorities requires a "political
mandate" of the majority.
Nonetheless, we welcome the conclusion of the negotiation process on both the draft Inter-American Convention against All Forms of Discrimination and Intolerance
and draft Inter-American Convention against Racism,
Racial Discrimination, and Related Forms of Intolerance, and we acknowledge the leadership role of the delegation of Antigua and Barbuda.
We therefore we demand that Member States:
- Sign, ratify and implement the Convention Against All Forms of Discrimination and Intolerance, as well as the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance.
- Adopt legislation and policies in line with the commitments undertaken in the resolutions "Human Rights, Sexual Orientation and Gender Identity" adopted by previous General Assemblies.
- Create or strengthen National Human Rights Institutions and implement educational programs that develop a culture of human rights and a pluralistic society.
- Take measures to ensure access to justice and guarantee of due process to persons without discrimination based on sexual orientation and gender identity.
- Adopt comprehensive and specific health strategies for LGBTTTI populations, with a particular emphasis on the distinct needs of trans persons.
- Review their legislative frameworks, repealing laws that criminalize sex between people of the same sex.
- Adopt laws that recognize the gender identity of trans persons.
- Promote direct participation of LGBTTTI persons and civil society groups in dialogue, consultations, policy development and planning at national and local levels.
- Consider the proposal for an Inter-American Convention on Sexual Rights and Reproductive Rights.
- Adopt the Inter-American human rights instruments.
And that the General Assembly:
- Adopts the draft resolution "Human Rights,
Sexual Orientation and Gender Identity
and Expression" presented by the delegation of Brazil, whose
initiative is appreciated;
- Adopts the draft resolution "Inter-American Convention against All Forms of Discrimination and Intolerance";
- Adopts the draft resolution "Inter-American Convention against All Forms of Discrimination and Intolerance";
- Adopts
the draft resolution "Inter-American
Convention against Racism, Racial Discrimination, and Related Forms of Intolerance."
… is one that is not thoroughly defined
internationally or that has international acceptance. St. Vincent and the Grenadines
considers that the terminology is heavily nuanced and moreover, that it is
currently not defined in its domestic law. Since the discussion on the human
rights of LGBT persons is an ongoing one at the level of the United Nations, St. Vincent and the Grenadines
is of the view that the discourse at the OAS should be confined only to language
which has been recognized or approved by the United Nations.
AG/RES. 2807
(XLIII-O/13)
HUMAN RIGHTS, SEXUAL ORIENTATION,
(Adopted at the fourth plenary session, held on June 6,
2013)
THE
GENERAL ASSEMBLY,
TAKING
INTO ACCOUNT resolutions AG/RES. 2435 (XXXVIII-O/08), AG/RES. 2504
(XXXIX-O/09), AG/RES. 2600 (XL-O/10), AG/RES. 2653 (XLI-O/11), and AG/RES. 2721
(XLII-O/12), “Human
Rights, Sexual Orientation, and Gender Identity”;
REITERATING:
That
the Universal Declaration of Human Rights affirms 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 that instrument, without distinction of
any kind, such as race, color, sex, language, religion, political or other
opinion, national or social origin, property, birth, or other status; and
That
the American Declaration of the Rights and Duties of Man establishes that every
human being has the right to life, liberty, and
security of his person without distinction as to race, sex, language,
creed, or any other factor;
CONSIDERING
that the Charter of the Organization of American States proclaims that the
historic mission of the Americas is to offer to man a land of liberty and a
favorable environment for the development of his personality and the
realization of his just aspirations;
REAFFIRMING the principles of universality, indivisibility, and
interdependence of human rights;
TAKING NOTE:
Of
the creation by the Inter-American Commission on Human Rights of the Unit for
the Rights of Lesbians, Gays, and Bisexual, Transsexual, and Intersex Persons
(LGBTI), and of its work plan, which includes the preparation of a hemispheric
report on this issue;
Of
the Second Report of the IACHR on the Situation of Human Rights Defenders in
the Americas, according to which organizations that promote and defend the
human rights of LGBTI persons play a fundamental role in the region in terms of
public oversight to ensure compliance with the states’ obligations vis-à-vis
the rights to privacy, equality, and nondiscrimination, and are faced with
obstacles, among them, murder, threats, criminalization of their activities,
the failure to take a focused approach to the investigation of crimes committed
by both state and non-state actors against them, and discourse calculated to
discredit the defenders of the rights of LGBTI persons; and
Of
the Declaration on Sexual Orientation and Gender Identity, presented to the
United Nations General Assembly on December 18, 2008;
NOTING
WITH CONCERN the acts of violence and related human rights violations as well
as discrimination practiced against persons because of their sexual orientation
and gender identity;
TAKING
NOTE of the report of the United Nations Special Rapporteur on torture and
other cruel, inhuman or degrading treatment or punishment (A/HRC/22/53), which
states that “Children who are born with atypical sex characteristics are often
subject to irreversible sex assignment, involuntary sterilization, involuntary
genital normalizing surgery, performed without their informed consent, or that
of their parents, ‘in an attempt to fix their sex,’ leaving them with permanent,
irreversible infertility and causing severe mental suffering,” and
TAKING NOTE, FINALLY, of the
terminological study entitled “Sexual
Orientation, Gender Identity, and Gender Expression: Some terminology and
relevant standards,” prepared by the Inter-American Commission
on Human Rights (IACHR) in fulfillment of resolution AG/RES. 2653 (XLI-O/11),
Human Rights, Sexual Orientation, and Gender Identity, of April 23, 2012,
RESOLVES:
1. To
condemn all forms of discrimination against persons by reason of their sexual
orientation and gender identity or expression, and to urge the states
within the parameters of the legal institutions of their domestic systems to
eliminate, where they exist, barriers faced by lesbians, gays, and bisexual,
transsexual, and intersex (LGBTI) persons in equal access to political
participation and in other areas of public life, and to avoid interferences in
their private life.[8]/
2. To
encourage member states to consider, within the
parameters of the legal institutions of their domestic systems, adopting
public policies against discrimination by reason of sexual orientation and
gender identity or expression.
3. To
condemn acts of violence and human rights violations committed against persons
by reason of their sexual orientation and gender identity or expression; and to
urge states to strengthen their national institutions with a view to preventing
and investigating these acts and violations and ensuring due judicial
protection for victims on an equal footing and that the perpetrators are
brought to justice.
4. In
addition, to encourage states, within their institutional capacities, to
produce data on homophobic and transphobic violence, with a view to fostering
public policies that protect the human rights of lesbians, gays, and bisexual,
transsexual, and intersex people (LGBTI).6/
5. To
urge member states to ensure adequate protection for human rights defenders who
work on the issue of acts of violence, discrimination, and human rights
violations committed against individuals on the basis of their sexual
orientation and gender identity or expression.
6. To urge member states to afford
appropriate protection to intersex people and to implement policies and procedures, as appropriate, to ensure medical practices that are consistent with applicable
human rights standards.
7. To
request the Inter-American Commission on Human Rights (IACHR) to pay particular
attention to its work plan titled
“Rights of LGBTI People” and, in keeping with its established practice, to
continue with its work to prepare a hemispheric study on the subject; and to
urge member states to support the efforts of the Commission in this area.6/
8. To request the IACHR to continue
preparing a study on legislation and provisions in force in the OAS member
states restricting the human rights of individuals by reason of their sexual
orientation or gender identity or expression and to prepare, based on that study, a
guide aimed at promoting the decriminalization of homosexuality and practices related to gender identity or
expression.
9. To urge the member states that have not
yet done so to consider signing, ratifying, or acceding to, as the case may be,
the inter-American human rights instruments.
10. To
request the Permanent Council to report to the General Assembly on the
implementation of this resolution. Execution of the activities envisaged in
this resolution will be subject to the availability of financial resources in
the program-budget of the Organization and other resources.
FOOTNOTES
1.
… of legal proceedings in the Supreme Court of
Belize."
2.
|
3.
…to impose one value system over another. Furthermore,
this term and other new terminologies used in the text, have not gained
international acceptance nor are they defined in Jamaica’s domestic law.
5. …the territory of Suriname have an
equal claim to protection of person and property, does not discriminate on the
grounds of birth, sex, race, language, religious origin, education, political
beliefs, economic position or any other status.
As a
multicultural society, the subject of sexual orientation and gender identity
and expression is one that requires a broad based consultation process at the
national level, involving all sectors of society, including the civil society,
regarding many of the principles that are being brought to this resolution by
OAS member states.
The
Republic of Suriname would be willing to join consensus, but places on record
that it is not in a position to acknowledge some of the elements and principles
addressed in the resolution at this time, as these require further national
discussion. The Republic of Suriname is in favor of the use of
inter-governmentally agreed human rights and fundamental freedoms as enshrined
in the various human rights instruments adopted by the United Nations.
6. … Committee of the National Assembly.
7. …regardless of race, creed, sex
etc.
However, Guatemala considers that not granting legal
recognition to marriage between persons of the same sex does not constitute a
discriminatory practice.
[1]. "The Government of
Belize is unable to join consensus on this resolution given the fact that
several of the issues and principles addressed therein, directly or indirectly,
are at present the subject …
[2]. The
delegations of Saint Vincent and the Grenadines, San Kitts and Nevis and
Dominica are unable to join consensus on the approval of this resolution. Saint Vincent and the Grenadines
is of the view that the term “gender expression” …
[3]. The Government of Jamaica is unable to
join the consensus on the approval of this resolution, given that the
terminology of gender expression, as proposed, is ambiguous and has the
potential…
[4] Barbados submitted the following footnote to
the General Committee of the General Assembly. At the fourth plenary session it
announced that the text would be modified: Barbados, mindful of the diversity
of views held by Member States on this subject, will continue to consider these
as it promotes a balanced approach to such issues within its national context.
[5] The
Republic of Suriname remains committed to promote and defend all human rights
for all and based on the principle of equality in which all who are within…
[6]. The
Government of Guyana is unable to join consensus on this Resolution given the
fact that several if the issues addressed herein are currently the subject of
deliberation by a special select …
[7]. The delegations of Honduras, Saint Lucia and Trinidad and Tobago announced
that they would submit footnotes to this resolution.
[8]. The State of Guatemala
declares that it promotes and defends all human rights and, with respect to the
provisions of this resolution, does not discriminate on any grounds, …
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