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DRAFT - ASEAN LGBT Activists Call for a SOGI-InCLUSIVE ASEAN Human Rights Declaration

DRAFT - ASEAN LGBT Activists Call for a SOGI-InCLUSIVE ASEAN Human Rights Declaration

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Email your endorsement to Ms. Ging Cristobal at gcristobal@iglhrc.org. DEADLINE is on Thursday, June 21at 5pm (Manila Time).
Email your endorsement to Ms. Ging Cristobal at gcristobal@iglhrc.org. DEADLINE is on Thursday, June 21at 5pm (Manila Time).

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Published by: Joey Oliveros Dimaandal on Jun 21, 2012
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ASEAN HUMAN RIGHTS ACTIVISTS CALL FOR A SOGI-INCLUSIVE ASEANHUMAN RIGHTS DECLARATION
 The ASEAN Inter-Governmental Commission on Human Rights (AICHR) has worked hard todraft an ASEAN Human Rights Declaration (AHRD) that reflects the true commitment amongMember States to upholding human rights, promotes adherence to recognized internationalhuman rights standards and meets ASEAN’s main goal: “strengthen democracy, enhancegood governance and the rule of law, and to promote and protect human rights andfundamental freedoms, with due regard to the Rights and Responsibilities of the MemberStates of ASEAN
1
.”Under the ASEAN Charter, Member States reaffirm their adherence “to the fundamentalprinciples contained in the declarations, agreements . . . and other instruments of ASEAN
2
.”Member States undertake to“[Uphold] the United Nations (UN) Charter and international law,including international humanitarian law, subscribed to by ASEAN Member States
3
.” Inaddition, Member States must comply with those rights, which now form part of customaryinternational law and which are universally applicable. The ASEAN Charter commits Member States to upholding the Charter of the UnitedNations, of which all ASEAN countries are members. Under the UN Charter, Member Statespledge to maintain international peace and security, reaffirm their faith in the “dignity andworth of the human person,” and promote respect for human rights for all without distinctionas to race, sex, language, or religion
4
.” The ASEAN Charter and ASEAN human rights bodiesand declarations reinforce these principles.Being one of ASEAN’s human rights bodies, AICHR must be guided by “respect forinternational human rights principles, including universality, indivisibility, interdependenceand interrelatedness of all human rights and fundamental freedoms, as well as impartiality,objectivity, non-selectivity, non-discrimination, and avoidance of double standards andpoliticization
5
.” The recommendations listed in this submission have been formulated by groups andactivists from the LGBT, women’s rights and human rights sectors, representing regions fromacross Asia. They have participated in local and regional workshops and consultationsconcerning the AHRD, including The Women’s Caucus, the ASEAN Civil SocietyConference/ASEAN People’s Forum and PhilWomen on ASEAN Workshop.We believe that LGBT persons in Asia have the right to be included in the consultationprocess and have their recommendations
 
scrutinized with non-biased and non-prejudicedeyes, free from discrimination and religious bigotry. As the UN High Commissioner for HumanRights, Navanethem Pillay, has noted: “
no discussion of human rights can be complete or credible without significant input from civil society and national human rights institutions
6
.Seeing the value of the AHRD as a legal human rights document, lesbian, gay, bisexual
1
Charter of the Association of Southeast Asian Nations (ASEAN Charter), art. 1(7) (2007)
2
ASEAN Charter, art. 2(1)
3
ASEAN Charter, art. 2(2)(j).
4
UN Charter, art. 1(3).
5
AICHR TOR, art. 2(2).
6
Civil society must play bigger role in human rights in South-East Asia – UN official,
 
and transgender (LGBT) individuals across Southeast Asia aspire that the final document willrecognize ASEAN’s obligations under the UN Charter and protect the rights of all people,regardless of sexual orientation and gender identity (SOGI) We believe that this will only beachieved with the cooperation of AICHR, and its willingness to include the human rights of LGBT individuals.
RATIONALE FOR THE INCLUSION OF SEXUAL ORIENTATION AND GENDER IDENTITY INTHE AHRD
Every ASEAN Member State is a party to the UN Convention on the Rights of the Child(CRC) and the Convention on the Elimination of All Forms of Discrimination Against Women(CEDAW). They are therefore bound by the terms of each of these treaties. The CRC is universally ratified within ASEAN and no ASEAN state made a reservation onthe non-discrimination provision of the CRC, which under General Comment No. 3
7
specificallymentioning sexual orientation as one of the protected categories under the non-discrimination principle.During the 47
th
Session of CEDAW (October 2010) , the Committee on the Eliminationof Discrimination Against Women (“the CEDAW Committee”) adopted sexual orientation andgender identity in its General recommendation No. 27
8
, which focuses on older women andthe protection of their human rights. Similarly, in General Recommendation No. 28 on theCore Obligations of States Parties under Article 2 of CEDAW
9
, the CEDAW Committee madeexplicit reference to SOGI.Both General Recommendations clearly identify that discrimination on the basis of sexual orientation and gender identity is inextricably linked with discrimination againstwomen on the basis of sex or gender and that it must be prohibited and addressed underStates’ CEDAW obligations. Therefore, we propose that sexual orientation and gender identity be included in the AHRD:
GENERAL PRINCIPLE
Everyone is entitled to all the rights and freedoms set forth in the Declaration,without distinction of any kind, such as race, colour,
sex, sexual orientation,gender identity
, language, religion, political or other opinions, national or socialorigin, property, birth, disability or other status. No one shall be discriminatedagainst by any public authority or any third parties on any grounds.
The State shalltake action to eliminate both discrimination de jure (in law) and de facto(in fact).
 The human rights of women, children, the elderly, persons with disabilities, migrantworkers, migrants, victims of natural calamities, internally displaced persons, ethnicgroups, indigenous peoples, and other vulnerable groups
regardless of sexualorientation and gender identity,
are inalienable, integral and indivisible part of universal human rights.
7
 
8
CEDAW/C/2010/47/GC.1
9
CEDAW/C/2010/47/GC.2
 
STATE RESPONSIBILITIES OF THE ASEAN MEMBER STATES
We propose this provision be included in the AHRD:
ASEAN Member States shall undertake to prohibit and to eliminate all formsof discrimination of any kind, including race, colour, national or ethnic origin,sex, gender, sexual orientation, gender identity, age, social and legal status.
DUTIES AND RESPONSIBILITIES
We propose this provision be included in the AHRD:Everyone regardless of gender, ethnic origin, social status, political opinion,language, age, nationality, or religion,
sexual orientation and gender identity
has a responsibility to treat all people in a humane way.
CIVIL AND POLITICAL RIGHTS
We propose this provision be included in the AHRD:Within the ambit of the law, no one shall be forcibly returned or transferred extraditedto a place where he or she may face persecution on grounds of race, religion, ethnicity,nationality, social status,
sexual orientation and gender identity.
RIGHTS OF WOMEN, CHILDREN AND OTHER VULNERABLE
 
GROUPS
We propose this provision be included in the AHRD: The human rights of vulnerable groups including women, children, persons withdisabilities and elderly
regardless of sexual orientation and gender identity
areinalienable, integral, and indivisible part of universal human rights.Migrant workers and members of their families within the territory or subject to the jurisdiction of any ASEAN member State shall enjoy their human rights andfundamental freedoms without distinction of any kind such as to sex, gender,
sexualorientation, gender identity,
race, colour, language, religion or conviction, politicalor other opinion, national, ethnic or social origin, nationality, age, economic position,property, material status, disability, birth or other status.]
SIGNATORIES:
1.GAYa NUSANTARA – Indonesia2.People Like Us, Singapore3.Sayoni, Singapore4.Dr. Dédé Oetomo (shortlisted candidate, Indonesian National Human Rights Commission)5.The Cambodian Center for Human Rights (CCHR)6.Rainbow Rights Project (R-Rights) – Philippines7.Poedjiati Tan – Representative Female ILGA ASIA8.Women's Legal and Human Rights Bureau (WLB) – Philippines9.Philwomen on ASEAN10.Knowledge and Rights with Young people through Safer Spaces (KRYSS) – Malaysia

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