7:29 PM
Hoàng Phong Nhã
CO-CHAIRS’ SUMMARY OF CONCLUSIONS
Testimonies at the Oslo Conference on Human Rights,
Sexual Orientation and Gender Identity (15-16 April 2013), including the
regional inputs, have confirmed that persons in all regions are subject
to violence and discrimination based on sexual orientation and gender
identity. They face multiple barriers in their everyday lives,
systematically denying their enjoyment of the fundamental rights to
which all human beings are entitled. This is unacceptable.
Based on the conclusions of the report entitled
‘Discriminatory Laws and Practices and Acts of Violence against
Individuals based on their Sexual Orientation and Gender Identity’ by
the UN High Commissioner on Human Rights, the outcomes of the regional
seminars recently held in Kathmandu, Paris and Brasilia, regional inputs
from Africa, and the global dialogue in Oslo, which brought together
more than 200 participants from 84 countries, we present the following
summary of conclusions:
1. We recall the UN Human Rights Council resolution
17/19, and we welcome the report by the UN High Commissioner on Human
Rights and the ensuing panel discussion that took place in Geneva in
March 2012, which have provided a solid foundation on which to build a
framework for addressing discrimination and violence based on sexual
orientation and gender identity;
2. We further welcome the regional seminars and
express appreciation to the host Governments, and to the States and
stakeholders from all regions who have participated constructively in
these discussions. We underline the essential role played by civil
society in all regions, including human rights defenders working to
counter discrimination and violence based on sexual orientation and
gender identity;
3. We acknowledge that the issues addressed are
sensitive for many. Other struggles, such as for racial and gender
equality, have been equally controversial in their time, and these
objectives are now universally recognized. Lesbians, gays, bisexuals and
transgender people are part of all our societies, and on this 20th
anniversary of the Vienna Declaration and Program of Action, we recall
that while “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”;
4. We applaud the positive steps taken in all regions
to address acts of violence and discriminatory laws and practices based
on sexual orientation and gender identity, such as public awareness and
sensitivity campaigns, including for public officials, law enforcement
personnel, policy-makers, and health care and education providers,
removing barriers to access to equal health care, providing
documentation that reflects each person’s gender identity, and legal
reforms, including measures to repeal criminal provisions against
same-sex conduct, and inclusion of sexual orientation and gender
identity in antidiscrimination legislation, as well as the provision of
support for activities aimed at protecting and promoting human rights on
these grounds;
5. While welcoming such progress, we join with
participants in expressing grave concern at continued and systemic acts
of violence and discriminatory laws and practices based on sexual
orientation and gender identity in all regions of the world, such as
hate crimes, torture, sexual violence, killings, denials of freedom of
expression, association, and peaceful assembly, arbitrary detentions,
criminal sanctions, police misconduct and abuse as well as denial of
transgender identity, and discrimination in accessing economic, social
and cultural rights;
6. We solemnly affirm that human rights and
fundamental freedoms should be guaranteed for all. No one should face
violence or discrimination on any ground, including on the basis of
sexual orientation or gender identity;
7. On the national level, we emphasize the
obligations of States under international human rights law, and we call
upon States to gather data more systematically and give domestic effect
to the action- oriented recommendations put forward by the High
Commissioner on Human Rights in her report, and we encourage continued
engagement and efforts by national human rights institutions and civil
society, as well as UN agencies, in support thereof;
8. On the regional level, the Conference welcomed the
measures undertaken to address these issues, including a series of
relevant resolutions by the Organization of American States and the work
done by the Inter-American Commission on Human Rights, the
recommendations by the Council of Europe and the jurisprudence of the
European Court of Human Rights, the work done by the European Union, the
increasing attention paid to the issues by the African Commission on
Human and Peoples’ Rights as well as in the Asia-Pacific region, and
encouraged continued and enhanced engagement in this field; 9. On the
global level, we reaffirm the responsibility of the UN Human Rights
Council to address human rights violations against all persons,
including on the basis of sexual orientation and gender identity. We
recognize the ongoing work of treaty bodies, special procedures and
under the Universal Periodic Review, and encourage continued and
strengthened efforts in this area. The identified gaps and challenges
are pervasive in all regions and require systemic solutions. Against
this background, there is a need to integrate the issues systematically
in the work of the United Nations, through the establishment of a
relevant mechanism, at the appropriate time, in order to:
a) study and document in a comprehensive and
recurrent manner trends, developments, challenges and opportunities in
relation to human rights, sexual orientation and gender identity; b)
recommend concrete and effective strategies to better protect human
rights in relation to sexual orientation and gender identity, including
by encouraging good practices, enhancing understanding of the
application of international human rights law in this area, and
promoting constructive and informed dialogue; c) work collaboratively
with other UN bodies and encourage mainstreaming of these issues
throughout the UN system; d) present reports to the Human Rights Council
and engage its members in interactive dialogue; e) offer technical
assistance to States to assist them in strengthening human rights
protection on these grounds;
10. It is often tempting to focus on what divides us,
rather than on what unites us. We all share the goal of working
together towards a world where no-one faces violence or discrimination
on any ground. We commend the willingness of States and stakeholders
from all regions to participate in the discussions to this end. As the
UN Secretary General has noted, “the time has come”, and we look forward
to working with all parties to take concrete and practical steps to
address violence and discrimination based on sexual orientation and
gender identity, and to help ensure that those who face violations on
these grounds are treated with equal dignity and with the fundamental
respect to which all human beings are entitled.
Oslo, 16 April 2013
(SOURCE: The Conference Team)
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