On 22 March 2011 the Human Rights Council (the Council) held a general debate on follow-up and implementation of the Vienna Declaration and Programme of Action(VDPA). The VDPA reaffirms core principles of the international human rights framework, including the universality of human rights and non-discrimination. The highlight of the meeting was a joint statement delivered by Colombia on behalf of 85 States on ending acts of violence and related human rights violations based on sexual orientation and gender identity (view a video of the statement). This is the highest number of States ever signing on to a statement of this kind. [..]
In response to the joint statement, Nigeria (on behalf of the African Group) argued that the concepts of sexual orientation and gender identity were still undefined, and that African leaders had decided during the Kampala summit in July 2010 that they would not accept the integration of an undefined concept into international law. Therefore, the African Group opposed the call on the Council to give attention to issues of sexual orientation and gender identity and criticised the ‘haphazard and disjointed manner’ in which special procedure mandate holders address these issues. In its national capacity Nigeria expanded further on this theme, stating that the concept of ‘sexual orientation’ goes against ‘everything Africa stands for’ since it touches upon the African notion of women, children and the family. NIgeria also blamed the special procedures for reducing Africa’s problems only to issues of sexual orientation and gender identity, and thereby overlooking the problems related to poverty and health.
Similarly, Pakistan (on behalf of the OIC) asserted that the joint statement was an attempt ‘to shift the focus from the real issues that constitute marginalisation and exclusion’. It also argued that notions of sexual orientation and gender identity had no legal foundation in any international human rights instrument, and noted with concern ‘attempts to create “new rights” or “new standards”, by misinterpreting the Universal Declaration and international treaties to include such notions that were never articulated or agreed to by the general membership’. The OIC furthermore described advocacy for decriminalisation of same-sex relations as an intervention in the domestic affairs of States, violating the principle of non-intervention contained in the United Nations Charter. The Holy See made an apparent call for criminalisation of same-sex relationships, arguing that the concept of sexual orientation in international law was a reference to feelings, not behaviour. While persons should not be deprived of their human rights on the grounds of their sexual orientation, it argued certain types of sexual behaviour should be punished by law.
The Russian Federation expressed concern that attempts to create a ‘new category of persons’ could lead to a weakening of protection of other vulnerable categories. Other States made reference to the need to prioritise the right to development (Algeria, Iran), women’s rights (Indonesia), and the rights of the child (Azerbaijan). While reiterating the ‘universality, indivisibility, and interdependence’ of human rights, Algeria stressed the importance of taking regional differences and traditional values into account.
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