South African representatives vote to eliminate 'sexual orientation' from UN resolution
JOHANNESBURG, SOUTH AFRICA
The Democratic Alliance (DA) on Monday wrote a letter to the Minister of International Relations and Cooperation Maite Nkoane-Mashabe in response to South Africa's recent vote to remove reference to sexual orientation from a United Nations (UN) resolution on extrajudicial killings.
"We believe that this vote runs contrary to our constitution and will serve to weaken the international community's response to extrajudicial killings based on sexual orientation."
In the letter from Kenneth Mubu, the DA's shadow minister for International Relations and Cooperation said he was disappointed that South Africa on November 17 stood with countries that found homosexual acts to be illegal, including Uganda, Uzbekistan, Syria and Jamaica. Punishments vary from public floggings to hefty jail sentences. In some cases there are life sentences imposed on those found guilty of being homosexual.
Arab and African nations succeeded in getting the UN General Assembly panel to delete from a resolution condemning unjustified executions a specific reference to killings due to sexual orientation.
Western delegations expressed disappointment in the human rights committee's vote to remove the reference to slayings due to sexual orientation from the resolution on extrajudicial, summary and arbitrary executions.
"The subject of this amendment -- the need for prompt and thorough investigations of all killing, including those committed for ... sexual orientation -- exists in this resolution simply because it is a continuing cause for concern," a British statement to the committee said.
The General Assembly passes a resolution condemning extrajudicial, summary and arbitrary executions and other killings every two years. The 2008 declaration included an explicit reference to killings committed because of the victims' sexual preferences.
But this year, Morocco and Mali introduced an amendment on behalf of African and Islamic nations that called for deleting the words "sexual orientation" and replacing them with "discriminatory reasons on any basis".
That amendment narrowly passed 79-70. The resolution then was approved by the committee, which includes all 192 UN member states, with 165 in favor, 10 abstentions and no votes against.
In the letter Mubu said they were of the opinion that South Africa could have changed the outcome of the vote.
"With neighbouring countries like Lesotho, Namibia, Botswana and Mozambique joining South Africa in voting in favour of this amendment, it is quite conceivable that, had South Africa adopted a more principled stance, we could have influenced enough other states in the region to take up the same position, and thus change the outcome of the final vote."
The US delegation voted against the deletion but abstained from the vote on the final resolution. Diplomats said the US delegation also voiced disappointment at the decision to remove the reference to sexual orientation.
The resolution, which is expected to be formally adopted by the General Assembly in December, specifies many other types of violence, including killings for racial, national, ethnic, religious or linguistic reasons and killings of refugees, indigenous people and other groups.
"It's a step backwards and it's extremely disappointing that some countries felt the need to remove the reference to sexual orientation, when sexual orientation is the very reason why so many people around the world have been subjected to violence," said Philippe Bolopion of Human Rights Watch. -- M&G Online and Reuters
Source
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Dear Friends
This is a request for individual and organisational sign-on to the open letter pasted below. The aim is to get as many people and organisations in South Africa to sign-on. Deadline 09 December 2010 for hand-over or publication on International Human Rights Day 10
December 2010.
Please send your sign-on to this email address: zackie.achmat@gmail.com or leave in the comments.
Thanks.
Zackie Achmat
Dear President Zuma and Minister Nkoana-Mashabane
SOUTH AFRICAN GOVERNMENT VIOLATES CONSTITUTION AT THE UNITED NATIONS GENERAL ASSEMBLY
On 16th November 2010, South Africa’s representatives at the United Nations General Assembly voted to exclude “sexual orientation” from a resolution on extrajudicial, summary or arbitrary executions of people.
South Africa’s vote violates among others the constitutionally enshrined right to life, equality and dignity for all. Parliament has explicitly protected all people including LGBTI people against discrimination in a range of laws including those governing employment equity, unfair labour practices, medical schemes and asylum status. This votes violates the will of the national legislature.
The Constitutional Court has abolished the death penalty and ruled against the criminalisation of consensual sex between men. It has also enforced the right to equality, dignity and privacy of lesbian, gay, bisexual, transgender and inter-sex people in its jurisprudence. This vote transgresses the explicit decisions of the Constitutional Court.
Sexual orientation as one of the grounds on which extrajudicial, summary or arbitrary executions may not be carried out has been included in this UN resolution for the last ten years.
Irrespective of the intention of the South African government’s representatives, this vote at the United Nations will be used to justify the criminalisation of people on the basis of their sexual orientation and gender identity. In its impact, this resolution sanctions jail sentences, the death penalty in all its forms including summary executions.
South Africa’s egregious error against lesbian, gay, bisexual, transgender and inter-sex people at the United Nations cannot go unchallenged.
We do not believe that this vote is the official position of the government and therefore call on President Jacob Zuma and Minister Maite Nkoana-Mashabane to immediately:
1. Issue a public apology for a vote that violates the Universal Declaration of Human Rights, the African Charter on Human and Peoples’ Rights and the Constitution;
2. Recall Ambassador Baso Sanqu and the other officials at South Africa’s Permanent Mission at the United Nations to explain and give public reasons for this violation of the Constitution and to instruct them to record an apology and retraction at the UN Human Rights Council.
3. Issue a clear statement on equality on the basis of sexual orientation and gender identity to all South African Missions abroad.
4. Meet with a delegation of civil society organisations that have signed on to this letter.
We write as people and organisations working in South Africa for freedom, dignity, equality and social justice and we hope that this letter meets with your fullest consideration.
Yours faithfully
Signed alphabetically
Individuals
Zackie Achmat
Yoni Bass
Organisations
Ndifuna Ukwazi
Source
First time posting here, so I hope I've used the correct tags and format.
The Democratic Alliance (DA) on Monday wrote a letter to the Minister of International Relations and Cooperation Maite Nkoane-Mashabe in response to South Africa's recent vote to remove reference to sexual orientation from a United Nations (UN) resolution on extrajudicial killings.
"We believe that this vote runs contrary to our constitution and will serve to weaken the international community's response to extrajudicial killings based on sexual orientation."
In the letter from Kenneth Mubu, the DA's shadow minister for International Relations and Cooperation said he was disappointed that South Africa on November 17 stood with countries that found homosexual acts to be illegal, including Uganda, Uzbekistan, Syria and Jamaica. Punishments vary from public floggings to hefty jail sentences. In some cases there are life sentences imposed on those found guilty of being homosexual.
Arab and African nations succeeded in getting the UN General Assembly panel to delete from a resolution condemning unjustified executions a specific reference to killings due to sexual orientation.
Western delegations expressed disappointment in the human rights committee's vote to remove the reference to slayings due to sexual orientation from the resolution on extrajudicial, summary and arbitrary executions.
"The subject of this amendment -- the need for prompt and thorough investigations of all killing, including those committed for ... sexual orientation -- exists in this resolution simply because it is a continuing cause for concern," a British statement to the committee said.
The General Assembly passes a resolution condemning extrajudicial, summary and arbitrary executions and other killings every two years. The 2008 declaration included an explicit reference to killings committed because of the victims' sexual preferences.
But this year, Morocco and Mali introduced an amendment on behalf of African and Islamic nations that called for deleting the words "sexual orientation" and replacing them with "discriminatory reasons on any basis".
That amendment narrowly passed 79-70. The resolution then was approved by the committee, which includes all 192 UN member states, with 165 in favor, 10 abstentions and no votes against.
In the letter Mubu said they were of the opinion that South Africa could have changed the outcome of the vote.
"With neighbouring countries like Lesotho, Namibia, Botswana and Mozambique joining South Africa in voting in favour of this amendment, it is quite conceivable that, had South Africa adopted a more principled stance, we could have influenced enough other states in the region to take up the same position, and thus change the outcome of the final vote."
The US delegation voted against the deletion but abstained from the vote on the final resolution. Diplomats said the US delegation also voiced disappointment at the decision to remove the reference to sexual orientation.
The resolution, which is expected to be formally adopted by the General Assembly in December, specifies many other types of violence, including killings for racial, national, ethnic, religious or linguistic reasons and killings of refugees, indigenous people and other groups.
"It's a step backwards and it's extremely disappointing that some countries felt the need to remove the reference to sexual orientation, when sexual orientation is the very reason why so many people around the world have been subjected to violence," said Philippe Bolopion of Human Rights Watch. -- M&G Online and Reuters
Source
-------------
Dear Friends
This is a request for individual and organisational sign-on to the open letter pasted below. The aim is to get as many people and organisations in South Africa to sign-on. Deadline 09 December 2010 for hand-over or publication on International Human Rights Day 10
December 2010.
Please send your sign-on to this email address: zackie.achmat@gmail.com or leave in the comments.
Thanks.
Zackie Achmat
Dear President Zuma and Minister Nkoana-Mashabane
SOUTH AFRICAN GOVERNMENT VIOLATES CONSTITUTION AT THE UNITED NATIONS GENERAL ASSEMBLY
On 16th November 2010, South Africa’s representatives at the United Nations General Assembly voted to exclude “sexual orientation” from a resolution on extrajudicial, summary or arbitrary executions of people.
South Africa’s vote violates among others the constitutionally enshrined right to life, equality and dignity for all. Parliament has explicitly protected all people including LGBTI people against discrimination in a range of laws including those governing employment equity, unfair labour practices, medical schemes and asylum status. This votes violates the will of the national legislature.
The Constitutional Court has abolished the death penalty and ruled against the criminalisation of consensual sex between men. It has also enforced the right to equality, dignity and privacy of lesbian, gay, bisexual, transgender and inter-sex people in its jurisprudence. This vote transgresses the explicit decisions of the Constitutional Court.
Sexual orientation as one of the grounds on which extrajudicial, summary or arbitrary executions may not be carried out has been included in this UN resolution for the last ten years.
Irrespective of the intention of the South African government’s representatives, this vote at the United Nations will be used to justify the criminalisation of people on the basis of their sexual orientation and gender identity. In its impact, this resolution sanctions jail sentences, the death penalty in all its forms including summary executions.
South Africa’s egregious error against lesbian, gay, bisexual, transgender and inter-sex people at the United Nations cannot go unchallenged.
We do not believe that this vote is the official position of the government and therefore call on President Jacob Zuma and Minister Maite Nkoana-Mashabane to immediately:
1. Issue a public apology for a vote that violates the Universal Declaration of Human Rights, the African Charter on Human and Peoples’ Rights and the Constitution;
2. Recall Ambassador Baso Sanqu and the other officials at South Africa’s Permanent Mission at the United Nations to explain and give public reasons for this violation of the Constitution and to instruct them to record an apology and retraction at the UN Human Rights Council.
3. Issue a clear statement on equality on the basis of sexual orientation and gender identity to all South African Missions abroad.
4. Meet with a delegation of civil society organisations that have signed on to this letter.
We write as people and organisations working in South Africa for freedom, dignity, equality and social justice and we hope that this letter meets with your fullest consideration.
Yours faithfully
Signed alphabetically
Individuals
Zackie Achmat
Yoni Bass
Organisations
Ndifuna Ukwazi
Source
First time posting here, so I hope I've used the correct tags and format.