February 9th, 2010
 

365 Gay: News

US refuses to sign UN gay rights declaration


(New York City) The United States Thursday became the lone major western nation to refuse to sign a United Nations statement affirming that human rights protections include sexual orientation and gender identity.

Rama Yade, French foreign affairs and human rights secretary, appeared before the United Nations General Assembly on Thursday to present the document calling for the Universal Declaration of Human Rights to be amended to include the new protections.

The document has been signed by the member states of the European Union.  It was drafted by France which currently holds the rotating EU Presidency. But it also has been signed by about 40 other states.

In all 66 of the U.N.’s 192 member countries signed the nonbinding declaration.

Other countries besides the US who refused to sign the declaration were Islamic countries, Russia and China.

The Vatican also has voiced its opposition.  Archbishop Celestino Migliore, the Vatican’s permanent observer at the UN, said in a statement earlier this month that the declaration would discriminate against states which support traditional marriage.

Appearing with Yade on Thursday at the General Assembly was dutch foreign minister Maxime Verhagen and a panel of political figures, human rights experts and LGBT defenders from all continents.

Yade said it was necessary to call the international community’s attention to violence against individuals because of their sexual orientation and gender identity. The text of the document calls specifically for all countries to de-criminalize homosexuality.

It also provides support to all human rights defenders who are working in the field, often in difficult conditions.

According to some of the declaration’s backers, U.S. officials expressed concern in private talks that some parts of the declaration might be problematic in committing the federal government on matters that fall under state jurisdiction.

In numerous states, landlords and private employers are allowed to discriminate on the basis of sexual orientation; on the federal level, gays are not allowed to serve openly in the military.

“It’s an appalling stance – to not join with other countries that are standing up and calling for decriminalization of homosexuality,” said Paula Ettelbrick, executive director of the International Gay and Lesbian Human Rights Commission.

She expressed hope that the U.S. position might change after President-elect Barack Obama takes office in January

Meanwhile, a report issued by Human Rights Watch called laws against homosexuality an oppressive legacy of colonialism.

The 66-page report is called “This Alien Legacy: The Origins of Sodomy Laws in British Colonialism.” It details that sodomy laws were imposed on over three dozen countries, from India to Uganda and from Nigeria to Papua New Guinea by the British Empire in the 1800s.

The British colonial rulers imposed the law against sodomy in India in 1860. This year, the High Court in Delhi ended hearings in a years-long case seeking to decriminalize homosexual conduct there. A ruling in the landmark case is expected soon.

“Half the world’s countries that criminalize homosexual conduct do so because they cling to Victorian morality and colonial laws,” said Scott Long, director of the lesbian, gay, bisexual, and transgender rights program at Human Rights Watch. “Getting rid of these unjust remnants of the British Empire is long overdue.”

Some national leaders have defended sodomy laws as reflections of indigenous cultures. Zimbabwe’s Robert Mugabe, for example, has called gays and lesbians “un-African” and “worse than dogs and pigs.”

The Human Rights Watch report shows, however, that British colonial rulers brought in these laws because they saw the conquered cultures as morally lax on sexuality. The British also wanted to defend their own colonists against the “corrupting” effect of the colonies. One British viceroy of India warned that British soldiers could succumb to “replicas of Sodom and Gomorrah” as they acquired the “special Oriental vices.”

Today, international human rights standards have compelled former colonial powers to acknowledge that these laws are wrong. England and Wales decriminalized homosexual conduct in 1967. The European Court of Human Rights found in 1981 that a surviving sodomy law in Northern Ireland violated fundamental rights protections.

In 1994, the UN Human Rights Committee – which authoritatively interprets the International Covenant on Civil and Political Rights – held that sodomy laws violate the rights to privacy and to non-discrimination.

“From Malaysia to Uganda, governments use these laws to harass civil society, restrict free expression, discredit enemies, and destroy lives,” Long said. “And sodomy laws add to the spread of HIV/AIDS by criminalizing outreach to affected groups.”

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  • Rachel Said: December 19th, 2008 at 9:23 am
    • At least our country is consistent in it’s gay-bashing. Signing the document would have been a joke considering our policies of DADT, DOMA, and refusal to provide basic protections from discrimination in employment and housing. I’m so proud to be an American….I need to throw up.

  • Terry Said: December 19th, 2008 at 9:24 am
    • How can we be so very stupid and behind the times. It just baffles me.

  • Morgan Said: December 19th, 2008 at 9:45 am
    • This story is not completely written.
      on the federal level is a repulsive and vile federal DOMA (defense of marriage act)
      you can not get your deceased same-sex partner’s social security benefits and you and your same-sex spouse legally married in US states Connecticut and Massachusetts and in Canada, Spain, South Africa, Belgium, Netherlands, and Norway as of 2009 (gay marriage law passed in Norway in 2008 but will be in effect in 2009) and Sweden is on track towards gay marriage and may likely get it legalized there in 2009 or 2010. Point is even if your gay marriage is recognized by law of your own state or country, at US entry points and at US customs booths in Canadian airports miles inside of sovereign Canadian territory, your marriage SUDDENLY DOES NOT EXIST and you are according to federal level US laws (which trump all else at our entry points regardless of local state law)are as “legal strangers to each other” as of this moment I am writing this posting dated December 19, 2009 9:45 am EST.

      We have a Join the Impact National DOMA Protest Day on January 10, 2009. Join the Impact told me that….. unlike Boston, Massachusett that has one lined up already (check out MassEquality’s website for hour and protest site for January 10, 2009)if your state does not have a National DOMA Protest Day for January 10, 2009, feel free to organize one.

  • Gerry Fisher Said: December 19th, 2008 at 9:56 am
    • Fight to pass a trans-inclusive ENDA bill. That would be the equivalent of this UN resolution, and we have the votes to do it during Obama’s first term. Let’s “git ‘er done!”

  • Paul Said: December 19th, 2008 at 10:09 am
    • Not surprising with the Bush gang in charge. Proves to me that as a nation we’d rather tacitly support youth suicide by such actions/policies which marginalize and condemn youth with GLBT sexual orientation.

  • Daniel Said: December 19th, 2008 at 11:02 am
    • This is no surprise. We look backwards to the rest of the world on a lot of things. The Bush Administration’s love of Abstinence Education has been so profound for example that they actively opposed a lot of anti-AIDS initiatives in Africa because of implied support for unmarried sex.

      We also tend to block human rights complaints in the UN against nations that are our allies, including even highly questionable ones like Saudi Arabia.

      Plus our attitude towards our own LGBT citizens is nothing short of schizophrenic, a fact that is very apparent to people in a lot of other countries. We’d much rather stand beside conservative theocracies and dictatorships than with liberal democracies on issues like this.

  • L.J. Rhodes Said: December 19th, 2008 at 11:03 am
    • There’s a f*cking surprise. *rolls eyes and groans*

      United
      States of
      A*ssholes

      I say we all stop paying income tax. Seriously. No taxation without equal protection. We should honestly have our own tea party, ’cause if there’s one thing the gay community loves to do, it’s spill tea.

  • Peter-Nicholas Said: December 19th, 2008 at 11:37 am
    • The UN is the biggest lame duck do-nothing association in the world. Most of these countries are so backward they cannot even take care of their own people. Their people just make more and more babies that they can’t take care of and then the UN gives them money to keep doing the same thing! How would one ever except them to do an intelligent thing?

  • John in CA Said: December 19th, 2008 at 11:55 am
    • There’s plenty of hypocriscy to go around. As is often the case with the United Nations, this has nothing to do with human rights and everything to do with international politics.

      Some of the countries that signed onto this declaration have truly horrific records (Italy, Greece, Serbia, Poland, Cuba, Japan – to name a few) when it comes to gay rights. They’re just doing it for political reasons.

      Similarly, South Africa refused to sign because they want to defend Robert Mugabe’s right to torture and murder his gays, even though they offer marriage to their gays.

      This doesn’t excuse America, of course, which always has a special place in the world as the #1 liar and scoundrel. Invading sovereign states and torturing random people while releasing smug reports condemning other countries for… invading sovereign states and torturing random people. It takes a special kind of evil to do it with a straight face.

  • Harold Longanecker Said: December 19th, 2008 at 1:49 pm
    • I guess that means gays are not considered humans.

  • Kris Said: December 19th, 2008 at 4:13 pm
    • Don’t you realize that gays are not humans, at least in the US. We are considered animals, devils,evil mutants and the famously said “Fags”. We don’t deserve any rights, because of this, and we will all be in HELL with today’s Christians,Catholics,Amish,Church of Jesus Christ of latter day saints, and many, many, many more.

  • Julian Said: December 19th, 2008 at 4:44 pm
    • To Rachel (Dec.19) You need to grow up as does your country.

  • Bill Rosen Said: December 19th, 2008 at 4:55 pm
    • I’m appalled that my country is the only country of all these powerful allies and neighbors, to not be signing such a historic and important document. The [USA] who used to set the standards for human rights should be ashamed of itself [as I am] that this is being tolerated by our population as a whole. I am a gay man who has been a proud gay man since the day I was born [even] if I didn’t know it yet.

  • in muncie Said: December 19th, 2008 at 5:12 pm
    • Since we are second class citizens, then we should refused to pay taxes until we get our equal rights….Gays should pay no taxes since we are not considered equal to our fellow humans

  • Douglas Said: December 19th, 2008 at 7:21 pm
    • I want to cry…. This ontop of the the health care regulations that give doctors the right to refuse care to me? I need to get out of this country. Europe here i come, away from the bigotry.

 
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