Statement for the Adoption of UN Resolution for Independent Expert on Sexual Orientation and Gender Identity (SOGI)
On June 30th 2016, The Human Rights Council of the United Nations join in solidarity with millions of people around the world to reaffirm its commitment to eradicate violence and discrimination toward LGBTI people by voting on the adoption of UN Resolution to establish Independent Expert on Sexual Orientation and Gender Identity (SOGI). The resolution is introduced by the core group of seven Latin American countries: Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay. Among the human rights council members, 23 states vote in favour, 18 against and 6 abstain on the resolution. Prior to the voting, civil society organizations around the world has stated its support, by conducting a joint campaign participated by 628 organizations from 151 countries, to the Council to adopt the resolution. The Independent Expert will have strategic roles in raising awareness of violence and discrimination based on sexual orientation and gender identity, assessing implementation of existing human rights law, identifying gap and best practices, engaging in dialogue and consultation with States and other stakeholders, and facilitating provision of advisory services, technical assistance, capacity building and cooperation to help address violence and discrimination on these grounds. This is a historical moment that will enlighten the struggle to abolish discrimination and violence against LGBTI around the world.
Among the council members from Asia, only South Korea, Vietnam and Mongolia have voted yes. Philippines that previously vote for yes in the UN Resolution 2014 have changed their stance and vote to abstain in the resolution. Indonesia, together with the OIC countries, remains against the resolution and have voted no. Reflecting on this situation, the ASEAN SOGIE Caucus would like to convey our messages:
- To the Government of Philippines: We criticize the decision of the Philippines to vote abstain in the current resolution. It is such a disappointment for the country that has been actively fight for LGBT issues and have voted yes during the UN Resolution 2014 to raise awareness on violence and discrimination against LGBT people. We see it as a form of backwardness and unpreparedness of the country to fully defend the LGBT people.
- To the Government of Indonesia: We criticize the decision of Indonesia to vote no in the current resolution based on the respect to social norms, culture, religious and morality. The state, in unison with other OIC countries, have stated as well that it will not cooperate with the mandate holder of Independent Expert in SOGI should it be established. We see this as the violation of the universality of the human rights concept, where everybody should be born free and equal and shall not be discriminated on whatever basis. Indonesia, within its constitution 1945, has clearly mentioned its mandate to protect human rights. The decision, unfortunately, is a violation against its constitution and therefore we strongly condemn the decision.
- To the mandate holder of Independent Expert: We are urging the mandate holder to closely engage with LGBT groups especially those at grass-root as they are the most vulnerable groups that needs to be concerned. The mandate holder shall bear its duty in a transparent manner, involve each states on executing its mandate in order to obtain comprehensive knowledge about discourse in each country, as well as to reach out to the most vulnerable ones so that no one will left behind.
- To the CSO of LGBT and Allies: Through the discussion within the human rights council, we have indicated that there is a dissenting voice about the universality of human rights, SOGI, and LGBT rights not being seen as human rights by several council members. Therefore, it is our duty to keep mainstreaming the issues and change the mind-set of those stakeholders. The establishment of IE in SOGI shall be seen as an open door for us to bring the issues within the global discourse.
We sincerely hope that our voices will be louder and be heard within the global discourses through the adoption of this resolution. We look forward to work hand in hand with the mandate holder of Independent Expert on SOGI.