United Nations A/HRC/21/NGO/62

General Assembly Distr.: General

4 September 2012

English only

Human Rights Council

Twenty-first session
Agenda item 3
Promotion and protection of all human rights, civil,
political, economic, social and cultural rights,
including the right to development

Written statement* submitted by Liberal International

(World Liberal Union), a non-governmental organization in
general consultative status
The Secretary-General has received the following written statement which is circulated in
accordance with Economic and Social Council resolution 1996/31.
[24 August 2012]

*
This written statement is issued, unedited, in the language received from the submitting
non-governmental organization.

GE.12-16407
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Deterioration of the state of LGBT rights around the world

Liberal International (LI) welcomes the message of UN Secretary-General Mr. Ban Ki-
Moon on March 7th 2012 addressing the United Nations Human Rights Council about
violence and discrimination based on sexual orientation and gender identity. Rightfully the
Secretary-General made clear that lives are at stake and that the rights of everyone,
everywhere under the United Nations Charter and the Universal Declaration of Human
Rights need protection. A pattern of violence and discrimination directed at people because
they are gay, lesbian, bisexual or transgender can be seen. Bias at jobs, schools and
hospitals is widespread. Appalling violent attacks, including sexual assaults, continue to
take place. People have been imprisoned, tortured, even killed, because of their sexual
orientation or gender identity: characteristics acquired at birth. In the words of the UN
Secretary-General the time has come to act.
Liberal International also welcomes the statement of the Holy See on the Declaration on
Human Rights, Sexual Orientation and Gender Identity to the 63 rd General Session of the
UN General Assembly. LI is particularly pleased by the last paragraph of this statement as
the Holy See advocated for the elimination of discrimination against LGBT individuals and
also urged states to put an immediate halt on all criminal prosecutions against such
individuals.
Together with Mr. Ban Ki-Moon Liberal International wishes to express that the struggle to
end the violence and discrimination against LGBT community (Lesbian, Gay, Bisexual,
and Transgender) is a shared struggle.
LI notes with great concern the conclusions of the state-sponsored homophobia report
published by the International Lesbian, Gay, Bisexual, Trans and Intersex Association
ILGA on May 16th 2012, the day before the International Day against Homophobia.
LI also notes that 78 countries out of 193 still have legislation criminalizing same-sex
consensual acts between adults. Punishments range from a number of lashes (e.g. Islamic
Republic of Iran), two months of prison (e.g. Peoples Democratic Republic of Algeria) to
life sentence (e.g. Peoples Republic of Bangladesh) or even death (Islamic Republic of
Iran, Islamic Republic of Mauritania, Kingdom of Saudi Arabia, Republic of the Sudan,
The Republic of Yemen). Among the 113 countries where homosexuality is legal, 55 have
legislation against discrimination on grounds of sexual orientation at the work place.
Liberal International is deeply concerned about the recent developments in the Russian
Federation. On February 29th 2012 the local parliament in Russias second city of Saint
Petersburg passed a law that forbids making propaganda through public acts for
homosexuality, lesbianism, bisexuality and trans-genderism among minors. According to
the law, this would mean spreading information harmful to the health and moral and
spiritual development of minors, including the formation within them of a distorted idea of
the social balance between traditional and untraditional married relationships. Similar laws
have already been implemented in Ryazan, Arkhangelsk and Kostroma regions. LI is
concerned that the law will directly affect organizations and individuals who are
disseminating information about the rights of the LGBT-community, i.e. universal human
rights. LI further condemns the state-sponsored and politically motivated homophobia and
calls upon Russia to observe its commitments under the European Convention of Human
Rights.
The Universal Declaration of Human Rights adopted by the United Nations General
Assembly expresses the rights to which all human beings are respectfully entitled to. In
Article 18 and 19, the Declaration states clearly: Everyone has the right to freedom of
thought, conscience and religion, and that everyone has the right to freedom of opinion
and expression. It is clear that the rights of freedom of opinion and expression are under
threat when it comes to LGBT individuals in the Russian Federation.

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Liberal International regrets the fact that the European Union (EU) had not taken adequate
measures among its members and candidate states to assure protection of LGBT individuals
and stresses on the fact that the EU is yet to implement effective mechanisms targeting
LGBT discrimination. Such a negative example is the failure of the Macedonian
government to include sexual orientation in its anti-discrimination legislation despite its
earlier commitments to the European Union.
Liberal International deplores the fact that in the Republic of Lithuania during the past year
three legislative amendments were submitted following-up the bill to make the promotion
of homosexuality an offence (November 2010) and the bill on Protection of Minors
against the Detrimental Effect of Public Information (November 2011). The new
amendments have been accepted by parliamentarians for consideration in a new Article
214(30) in the Administrative Code title Protection of constitutional moral values.
LI is also at a dismay with the two separate cases of arrested homosexual individuals in the
northern part of Cyprus, one in October 2011 and one in February 2012, for performing
acts against nature. Such an arrest is in clear contradiction to the European Convention on
Human Rights which applies to the territory.
Similar cases have been reported in Ukraine and some African Countries.
At the African Union summit which took place at Banjul in Gambia local representatives of
African LGBT organizations made an oral statement on human rights on the basis of sexual
orientation and gender identity in Africa regarding Legal Defence and Assistance Project
(LEDAP) SOGI issues.
Liberal International is appalled by the reintroduction of the Republic of Uganda's
controversial anti-gay legislation bill, which calls for an increase in the penalty for
homosexual acts from 14 years in prison to a life sentence.
LI is also deeply concerned about the discriminatory remarks made about gay and lesbian
people by the South African High Commissioner to Uganda, Mr. Jon Qwelane, which is in
contradiction to the positive laws of the South African Republic. LI regrets that the South
African government has not yet taken adequate steps in this case.
Examples of violence, arbitrary arrest, criminalization and denial of the right of assembly
taking place in numerous other countries across Africa were presented. These examples are
reason for great concern.
LI is specifically worried about the safety of local LGBT human rights defenders. Houses
are broken into, disturbing phone-calls received, intimidation by the police is experienced
and outing of LGBT to families or the public by media or authorities have taken place.
According to the Declaration on Human Rights Defenders, adopted by the General
Assembly of the United Nations on 9 December 1998, human rights defenders have basic
political and civil rights like the right to form associations, to meet and assemble peacefully
and to make complaints about official policies and acts relating to human rights. Most
importantly states have a responsibility to ensure that all of these rights are respected and as
per Article 12.2. of the Declaration take all necessary measures to ensure the protection of
everyone against any violence, threats, retaliation, adverse discrimination, pressure or any
other arbitrary action as a consequence of his or her legitimate exercise of the rights
referred to in the Declaration.
The freedoms of opinion and expression, assembly and association are essential for the
functioning of a democratic society and defending as well as developing human rights in a
society.
As documented in the report of the UN High Commissioner for Human Rights about
discriminatory laws and practices and acts of violence against individuals based on their
sexual orientation and gender identity, many LGBT individuals all over the world are
denied a life without violence, threats, retaliation, discrimination, and pressure of other

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arbitrary actions based on their sexual orientation and/or gender identity. The report echoed
the words of the UN-Secretary General Ban Ki-Moon at the African Union Summit in
Addis Ababa in 29 January 2012 who admitted that addressing LGBT discrimination is a
challenge and that we must live to the ideals of the Universal Declaration on Human
Rights.
Liberal International highlights with great concern the denial of equal rights regarding
pensions and healthcare, death-squads and corrective rape, about youngsters being pestered
and bullied driving some of them towards suicide, hate speech during soccer games,
pestering at the workplace, authorities preventing gay prides from happening and much,
much more happening all around the world.
Liberal International recalls its resolution on the prohibition of persecutions and
discrimination on the basis of sexual orientation as adopted by its Congress in Belfast in
2008 as well as its resolution on the guarantee on the protection of human rights for lesbian,
gay, bisexual and transgender people as adopted by its Executive Committee in Berlin,
Federal Republic of Germany in 2010.
LI also recalls its resolution LGBT Rights are Human Rights and Should be Advocated
and Defended by All Liberals as adopted by its Congress in Manila, Republic of the
Philippines in June 2011. In this resolution LI clearly reaffirmed the Yogyakarta Principles
as a guiding document in interpreting existing human rights in relation to sexual orientation
and gender identity.
LI calls upon the members of the UN Human Rights Council to firmly protest against these
negative developments concerning LGBT rights in all countries involved and to pay special
attention to those human rights defenders who promote and protect LGBT rights.
LI calls on the Holy See to work closely with the other religious communities and the UN
member states on implementation of its position that every sign of unjust discrimination
towards homosexual persons should be avoided and States should do away with criminal
penalties against them as expressed in its statement to the 63rd Session of the UN GA on
the Declaration on Human Rights, Sexual Orientation and Gender Identity.
LI urges the international community to:
Review and repeal state persecutions and discriminations based on sexual
orientation such as laws providing for the death penalty or criminalization of
homosexual acts.
Urge states to ensure adequate protection for human rights defenders who work on
the issue of acts of human rights violation committed against individuals because of
sexual orientation and gender identity
Take responsibility for the de-criminalization of homosexuality and ensure
protection against discrimination on the basis of sexual orientation and gender
identity.
Promote equality for LGBT persons in the public sphere through anti-discrimination
measures and programs, education and media campaigns.
Grant asylum to persons that flee persecutions and death on grounds of their sexual
orientation.
Coordinate at the international level actions to promote equality and to condemn and
pressure those States that persecute and discriminate against LGBT persons.
Adhere to the International Day against Homophobia on 17 May and for the
UNHRC to request from its member states to report on the measures the national
authorities have undertaken to mark the day.