Lgbt Persons

Lgbt Persons

United States Initiatives to Protect the Human Rights of LGBT Persons in 2011

United States views on international law (based on the document “Digest of U.S. Practice in International Law”): As Secretary Clinton announced in her speech above, on December 6, 2011, President Obama issued a Memorandum for the Heads of Executive Departments and Agencies on International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual and Transgender Persons. The Memorandum is set forth below and is available at (internet link) whitehouse.gov/the-press-office/2011/12/06/presidential-memorandum-international-initiatives-advance-human-rights-l.

More about Us Initiatives to Protect the Human Rights of Lgbt Persons

The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights. I am deeply concerned by the violence and discrimination targeting LGBT persons around the world, whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation. That is why I declared before heads of state gathered at the United Nations, “no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere.” Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere. the U.S. deep commitment to advancing the human rights of all people is strengthened when we as the United States bring the U.S. tools to bear to vigorously advance this goal.

By this memorandum I am directing all agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons. Specifically, I direct the following actions, consistent with applicable law:

Section 1. Combating Criminalization of LGBT Status or Conduct Abroad. Agencies engaged abroad are directed to strengthen existing efforts to effectively combat the criminalization by foreign governments of LGBT status or conduct and to expand efforts to combat discrimination, homophobia, and intolerance on the basis of LGBT status or conduct.

Sec. 2. Protecting Vulnerable LGBT Refugees and Asylum Seekers. Those LGBT persons who seek refuge from violence and persecution face daunting challenges. In order to improve protection for LGBT refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBT refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum. In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively address the protection of LGBT refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the Federal Government has the ability to identify and expedite resettlement of highly vulnerable persons with urgent protection needs.

Sec. 3. Foreign Assistance to Protect Human Rights and Advance Nondiscrimination. Agencies involved with foreign aid, assistance, and development shall enhance their ongoing efforts to ensure regular Federal Government engagement with governments, citizens, civil society, and the private sector in order to build respect for the human rights of LGBT persons.

Sec. 4. Swift and Meaningful U.S. Responses to Human Rights Abuses of LGBT Persons Abroad. The Department of State shall lead a standing group, with appropriate interagency representation, to help ensure the Federal Government's swift and meaningful response to serious incidents that threaten the human rights of LGBT persons abroad.

Sec. 5. Engaging International Organizations in the Fight Against LGBT Discrimination. Multilateral fora and international organizations are key vehicles to promote respect for the human rights of LGBT persons and to bring global attention to LGBT issues. Building on the State Department's leadership in this area, agencies engaged abroad should strengthen the work they have begun and initiate additional efforts in these multilateral fora and organizations to: counter discrimination on the basis of LGBT status; broaden the number of countries willing to support and defend LGBT issues in the multilateral arena; strengthen the role of civil society advocates on behalf of LGBT issues within and through multilateral fora; and strengthen the policies and programming of multilateral institutions on LGBT issues.

Sec. 6. Reporting on Progress. All agencies engaged abroad shall prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives. All such agencies shall submit their reports to the Department of State, which will compile a report on the Federal Government's progress in advancing these initiatives for transmittal to the President.

Sec. 7. Definitions. (a) For the purposes of this memorandum, agencies engaged abroad include the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

(b) For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development include the Departments of State, the Treasury, Defense, Justice, Health and Human Services, and Homeland Security, the USAID, the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

Developments

Ambassador Susan Rice also released a statement on December 6, 2011 at the United Nations regarding the President's Memorandum on International Initiatives to Advance the Human Rights of LGBT Persons. Her statement appears below and is available at (internet link) usun.state.gov/briefing/statements/2011/178397.htm.

Today, President Obama directed all agencies to protect and promote the human rights of lesbian, gay, bisexual, and transgender persons abroad. At the United Nations, we have strongly supported efforts to codify and enshrine the promise of equality for the LGBT community, and the President's action adds yet more force to the U.S. urgent fight.

Since taking office in 2009, the Obama Administration has worked tirelessly within the United Nations system to advance the human rights of the world's LGBT persons. Early on, we signed the United Nations General Assembly's Statement on Sexual Orientation on Gender Identity. We joined the LGBT Core Groups in Geneva and New York. We won NGO consultative status for the International Gay and Lesbian Human Rights Commission. We championed the first United Nations resolution dedicated to advancing the basic and fundamental rights of LGBT persons. Last December, on Human Rights Day, we pledged to restore language including LGBT individuals in a resolution condemning extrajudicial killings. Within two weeks, we did so.

There is far more work to do before the U.S. LGBT friends, neighbors, parents and children live in a world free of discrimination. Through steadfast defense of the U.S. universal values, persistent engagement with international partners, and the full force of U.S. efforts under the law, we will get there. I look forward to continuing the U.S. work and proudly carrying out the President's directive.

Details

Finally, the State Department issued a Fact Sheet, also on December 6, 2011, summarizing the Department's accomplishments promoting the human rights of LGBT people. The Fact Sheet is excerpted below and available in full at (internet link) state.gov/r/pa/prs/ps/2011/12/178341.htm.

Human rights are inalienable and belong to every person, no matter who that person is or whom that person loves. Since January 2009, Secretary Clinton has directed the Department to champion a comprehensive human rights agendaÑone that includes the protection of the human rights of lesbian, gay, bisexual and transgender (LGBT) people. The Department uses its full range of diplomatic and development tools to press for the elimination of violence and discrimination against LGBT people worldwide, particularly those forced to flee their homes or countries.

The Department continues to counter efforts globally that discriminate against, criminalize, and penalize members of the LGBT community. The United States recognizes the unflagging efforts and courage of advocates and organizations fighting to promote equality and justice around the world, especially in countries where doing so puts their lives and their families at risk. At the same time, U.S. personnel policies must protect the human rights of all LGBT people, and consular and other tools must be used to provide equal access and equal rights to LGBT people.

More about the Issue

Under the Secretary's leadership, the Department's recent accomplishments include:

Bilateral and Regional Engagement:

¥ The Department has included the status of the human rights of LGBT people in each country included in the Department's annual Human Rights Report.

¥ The State Department works with U.S. embassies, civil society, and multilateral mechanisms, agencies, and forums to encourage countries to repeal or reform laws that criminalize LGBT status.

Successfully Promoting LGBT Human Rights In Multilateral Forums ¥ At the United Nations Human Rights Council's (HRC) June 2011 session, the United States, South Africa, and Latin American and European Union countries led efforts to pass the first-ever United Nations resolution on the human rights of LGBT persons.

¥ At the HRC's March 2011 session, the United States co-chaired efforts of a core group of countries to issue a statement entitled “Ending Acts of Violence and Related Human Rights Violations Based on Sexual Orientation and Gender Identity.” The statement garnered the support of 85 countries, including 20 that had never before supported similar statements on the promotion of LGBT persons' rights.

¥ In December 2010, the State Department led efforts at the United Nations General Assembly to reinsert language on sexual orientation into a resolution on extrajudicial, summary, and arbitrary executions, after the language's removal in committee. The amendment was approved by a 93-55 margin.

¥ The State Department is working to establish a special rapporteur on the protection of the human rights of LGBT people within the Inter-American Commission for Human Rights, after President Obama raised the importance of LGBT issues in a meeting with Brazilian President Dilma Rousseff earlier this year.

¥ The United States also partnered with Brazil and others to secure adoption of a resolution on human rights, sexual orientation, and gender identity at the Organization of American States General Assembly in June.

Protecting LGBT Refugees, Asylum Seekers, and Migrants ¥ The Bureau of Population, Refugees, and Migration (PRM) is working to improve the security of LGBT refugees, asylum seekers, and migrants by implementing a comprehensive LGBT refugee protection strategy developed in coordination with the Department of Homeland Security, the Department of Health and Human Services, the United Nations High Commissioner for Refugees (UNHCR) and NGOs. Supporting LGBT Human Rights Defenders and Civil Society Groups ¥ To strengthen civil society groups, support advocates, and increase public dialogue, the Department of State is launching the Secretary's Global Equality Fund, a public-private partnership initiative to advance the human rights of LGBT people. The State Department is contributing more than $3 million to this important effort, and will seek partnership commitments from donor governments, corporations, and foundations.

¥ The personal security of LGBT human rights defenders remains a top priority for the Department. The Fund will enhance the Department's efforts to provide human rights defenders with legal representation, security, and, when necessary, relocation support. Since 2010, the Department has provided emergency assistance to over 40 LGBT advocates in 11 countries throughout Africa, Asia, and the Middle East.

Championing Human Rights through Public Diplomacy ¥ U.S. Embassies worldwide are declaring support for the human rights of LGBT people through innovative public diplomacy.

Strengthening The Department's Personnel and Consular Policies ¥ As one of her first acts in office, Secretary Clinton directed a review of whether the State Department could extend additional benefits to domestic partners. Following President Obama's 2009 memorandum on same-sex domestic partners' benefits, the State Department announced extension of the full range of legally available benefits and allowances to same-sex domestic partners of Foreign Service staff serving abroad.

¥ In June 2010, Secretary Clinton revised State Department equal employment opportunity policy. As the previous policy prohibited discrimination based on sexual orientation, the new policy explicitly added protection against discriminatory treatment of employees and job applicants based on gender identity.

¥ The State Department revised its Foreign Affairs Manual to allow same-sex couples to obtain passports under the names recognized by their state through their marriages or civil unions.

¥ In June 2010, the Bureau of Consular Affairs announced new procedures for changing the sex listed on a transgender American's passport, streamlining the process and simplifying requirements to ensure greater dignity and privacy for the applicant.

Resources

See Also

  • International Human Rights
  • Discrimination
  • Sexual Orientation

Resources

Notes and References

  1. _ Editor's Note: For a discussion of the U.S.-led effort to reinsert language about killings based on sexual orientation into the resolution on extrajudicial killings, see this world legal encyclopedia in relation to the year 2010 at 239-40.

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