Armenia and Georgia, among 85 countries, signed major UN gay rights statement

For details and commentary, see Unzipped: Gay Armenia

Armenia and Georgia, among 85 countries, signed major UN gay rights statement

UN expert calls for better protection of human rights defenders, including LGBT, in Armenia

Unfortunately, so far UN human rights missions in or outside the region did not give us hope that this will be anything but a paper-based exercise. Still, good to see that Margaret Sekaggya is highlighting some important issues which Armenian authorities should take into account not for the sake of international organisations but for the sake of our country.
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18 June 2010 – Armenian authorities must take steps to protect human rights defenders, who are often physically attacked, harassed or stigmatized as they try to carry out their work in the Caucasus nation, an independent United Nations expert said today.

Margaret Sekaggya, the UN Special Rapporteur on the situation of human rights defenders, also voiced concern about restraints on freedom of assembly in Armenia as she wrapped up a five-day fact-finding visit – the first visit to the country by a UN human rights envoy since 2000.

“I am worried by documented cases of ongoing violence, assaults, intimidation, harassment and stigmatization of defenders, in particular journalists,” she said in a statement issued in Yerevan, the capital.

“These cases would seem to illustrate an apparent culture of impunity in Armenia which impinges upon the work of human rights defenders. This impunity appears to be closely related to the deep-rooted problems within the police system as well as with the shortcomings of the justice system.”

She recommended that the Government implement a comprehensive reform of the police service, immediately take steps to tackle the problems in the justice system and set out an anti-corruption strategy for government.

Ms. Sekaggya, who met Prime Minister Tigran Sargsyan during her visit, urged Armenian authorities to “undertake prompt, thorough and transparent investigations of all human rights violations, in particular attacks against journalists, in order to create a safe and enabling environment in which human rights defenders can carry out their activities.”

She also called on Mr. Sargsyan to publicly acknowledge the important role that human rights defenders play in a pluralistic and democratic society.

Human rights defenders and civil society groups should be consulted and included in decision-making processes, Ms. Sekaggya said, adding the specific needs of women defenders and lesbian, gay, bisexual and transgender defenders must also be addressed.

In addition the Special Rapporteur spoke out against what she described as “significant constraints” on freedom of assembly within Armenia, nothing that the right to peaceful, open and public demonstrations should be available to all.

“I also add my voice to those who have already expressed serious concerns about the amendments to the Law on Television and Radio. If signed into law by the President of Armenia, these amendments will further restrict and seriously hamper the plurality of voices and opinions available to Armenian society.”

Ms. Sekaggya serves in an independent and unpaid capacity and reports to the UN Human Rights Council in Geneva. Her full report on the visit to Armenia will be presented to the Council in March next year.

*source: UN News Centre

Armenia: ‘A+’ for signatures, ‘Fail’ for practice

Below is a timeline of truly historic and groundbreaking international agreements which Armenia became part of over the course of past two years.

- 31 March 2010 Committee of Ministers of the Council of Europe, representing the national governments of its all 47 Member States, including Armenia, adopted historic Recommendations on measures to combat discrimination on grounds of sexual orientation or gender identity.

- 30 September 2009 Armenia aligns with the EU human rights / gay rights statement.

- 15 May 2009 Armenia joins EU statement condemning homophobia.

- 19 December 2008 Armenia signed a groundbreaking UN statement against discrimination based on sexual orientation and gender identity.

Armenian authorities signed the UN statement, they aligned with the EU statements, they agreed with the adoption of the Council of Europe recommendations. Yes, this sounds great. Any government could be proud of such a record. I sincerely want to commend them for that.

However, great as this may sound, it’s all on paper. The reality is far from idillic. Here is merely part of that sad and shameful reality: the latest report by EurasiaNet

ARMENIA: GAYS LIVE WITH THREATS OF VIOLENCE, ABUSE

A sad and shameful reality for a country that seeks one day to become part of the EU. A damning one for Armenia's international reputation.

If you do not act upon your signatures, if you do not act upon the recommendations and human rights obligations you yourself are making, then your signatures do not worth a penny.

Until such a mentality has changed, our dream of a better future within the European family of nations, where I believe Armenia belongs, will remain a dream.

*See also:

All 47 Council of Europe countries, including Armenia, unanimously agreed on historic human rights recommendations for lesbian, gay, bisexual and transgender people

and

Armenia: gays live with threats of violence, abuse (EurasiaNet report)

Armenia and Georgia join EU statement condemning homophobia

Declaration by the Presidency on behalf of the European Union
on the International Day against Homophobia on 17 May

Brussels, 15 May 2009

In the context of the International Day Against Homophobia, the Presidency of the Council on behalf of the European Union reaffirms the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation and gender identity.

The European Union rejects and condemns any manifestation of homophobia as this phenomenon is a blatant violation of human dignity. It considers that discrimination on the grounds of sexual orientation and gender identity is incompatible with the basic principles on which the EU is founded, and it is and will remain committed to the prevention and eradication of discrimination based on the six grounds mentioned in Article 13 of the EC Treaty, which include sexual orientation.

We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity wherever they occur, in particular the use of death penalty on this ground, the practice of torture or other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention, denying the right to peaceful assembly and deprivation of economic, social and cultural rights, including the right to health.

We urge the States to take all necessary measures to ensure that sexual orientation and gender identity may under no circumstances be the basis for criminal penalties and that such human rights violations are investigated and perpetrators held accountable and brought to justice.

The European Union welcomes the ever increasing support to these principles in the world and recalls in this context that 67 States from different regions condemned violations based on sexual orientation and gender identity in the General Assembly Statement on Human Rights, Sexual Orientation and Gender Identity of 18 December 2008.

The Candidate Countries Turkey, Croatia and the former Yugoslav Republic of Macedonia, the Countries of the Stabilisation and Association Process and potential candidates Albania, Bosnia and Herzegovina, Montenegro, Serbia, and the EFTA countries Iceland, Liechtenstein and Norway, members of the European Economic Area, as well as Ukraine, Armenia and Georgia align themselves with this declaration.

European Union

*Thanks to Gay Caucasus for the link.

US formally endorses UN gay rights statement

WASHINGTON (AP) — The Obama administration is formally endorsing a U.N. declaration calling for the worldwide decriminalization of homosexuality, a measure former President George W. Bush had refused to sign.

[Unzipped: endorsed by Armenia too]

The move was the administration's latest step in reversing Bush-era decisions that have been heavily criticized by human rights and other groups. The United States was the only western nation not to sign onto the declaration when it came up at the U.N. General Assembly in December.

The Associated Press reported on Tuesday that the administration would endorse the declaration.

AFP: Washington will join 66 countries, including all the members of European Union, in backing the measure put forth by France in December, State Department spokesman Robert Wood said.

"The United States supports the UN's statements on human rights, sexual orientation, and gender identity, Wood told reporters.

"The United States is an outspoken defender of human rights and critic of human rights abuses around the world," Wood told reporters.

"As such, we join with other supporters of this statement, and we will continue to remind countries of the importance of respecting the human rights of all people in all appropriate international fora," he added.

Hate, Lies & Ignorance – well known Armenian environmentalist Karine Danielyan attacks government for signing UN gay rights statement

'It’s a threat to national security! It’s a disease!' – says formerly respected Armenian environmentalist, head of the association “For Sustainable Human Development” NGO Karine Danielyan.

'It’s a matter of fighting discrimination and inequality' – says Dzyunik Aghajanyan, chief of international department, the Ministry of Foreign Affairs . My respects to Dzyunik Aghajanyan.

For all details and much more – see Unzipped: Gay Armenia

*source of photo: Hraparak

History in making: 66 countries, including Armenia, signed a joint UN statement against discrimination based on sexual orientation and gender identity

18 December 2008

Sixty-six countries signed a joint statement in support of LGBT human rights, which was tabled at the United Nations General Assembly today.

Armenia was the first country in the South Caucasus and broader region to endorse the statement. In a welcome move, Georgia then joined in too. Russia, Turkey and Azerbaijan did not endorse it.

For details - see Unzipped: Gay Armenia

Armenia endorses historic UN statement against discrimination based on sexual orientation and gender identity

*For more details - see Unzipped: Gay Armenia

Armenia was the last country in the South Caucasus to decriminalise gay male sex towards the very end of 2002. It now became the first country not only in the South Caucasus but in a broader region to sign up for the proposed French-sponsored and EU-backed UN statement against discrimination based on sexual orientation and gender identity.

There are many current problems in Armenia with regards to human rights. In short, respect for human rights is in pretty poor and vulnerable state. However... praise when praise is due.

I do commend Armenian authorities for endorsing the UN statement. This is pretty unprecedented and historic occasion.

At last, Armenia became part of the world headlines for the very RIGHT reasons. Let’s hope this trend will continue, and we will witness changes not only on the level of international declarations but also local level implementations.

The presentation of the declaration is now expected to take place at the UN General Assembly between 15 and 20 December - not on 10 December as previously reported.

The list of supporting countries is growing but still well short of a majority [although it does not require voting].

It will be tabled by France with the backing of all 27 member states of the EU; plus non-EU European nations including Norway, Switzerland, Iceland, Ukraine, Andorra, Liechtenstein, Bosnia and Herzegovina, Croatia, Montenegro, Serbia, Ukraine, Armenia and Macedonia. Russia and Turkey are not signing.

The call for the decriminalisation of same-sex relationships also has the support of the Latin American states of Argentina, Brazil, Chile, Ecuador, Mexico and Uruguay but not, notably, Columbia, Guyana or Venezuela.

Only three African nations – Gabon, Cape Verde and Guinea-Bissau – are endorsing the declaration so far. South Africa has not signed up. No Caribbean nation has offered its support, not even Cuba.

Although New Zealand is committed to the declaration, Australia is not. Nor is the US. But Canada is a sponsor.

No country in the Middle East, apart from Israel, endorses the declaration, and in Asia only Japan has agreed to approve it. China and India are silent on where they stand.

I just received welcome news that Australia endorses the statement. Russia, Georgia, Azerbaijan and Turkey did not endorse it, as of now.

Russian gay right activists sent a letter to the Ministry of Foreign Affairs calling Russia to join the UN declaration. The letter to minister Sergei Lavrov says that “we would like to pay attention to the fact that natural allies of Russia, including Orthodox states such as Armenia and Serbia, but also Venezuela have already agreed to sign the declaration. As of today, more than 50 countries agreed to sign it”.

This is the first time that Armenia is brought as an example for championing gay rights on international level. For now, I feel proud that my country aligned itself with the more progressive segments of international community. I will feel even more proud if everything written in that declaration gets implemented too. It will take time, efforts. As friend of mine (internationally based Armenian gay rights activist) said to me today, “positive steps on an international level but the national level advocacy is lagging behind in Armenia”.

Veteran British gay rights activist Peter Tatchell calls this a “watershed for gay rights”: “It will be the first time in its history that the UN General Assembly has had before it a declaration in support of lesbian, gay, bisexual or transgender (LGBT) human rights.”

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The statement deals with human rights abuses, directed against people because of their sexual orientation or gender identity, including violence, criminal sanctions, torture, threats against human rights defenders and discrimination in accessing economic, social and cultural rights, including the right to health.

UN STATEMENT
*source

We have the honour to make this statement on human rights, sexual orientation and gender identity on behalf of [...]

1 - We reaffirm the principle of universality of human rights, as enshrined in the Universal Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of which proclaims that “all human beings are born free and equal in dignity and rights”;

2 - We reaffirm that everyone is entitled to the enjoyment of human rights without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status, as set out in Article 2 of the Universal Declaration of Human Rights and Article 2 of the International Covenants on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the International Covenant on Civil and Political Rights;

3 - We reaffirm the principle of non-discrimination which requires that human rights apply equally to every human being regardless of sexual orientation or gender identity;

4 - We are deeply concerned by violations of human rights and fundamental freedoms based on sexual orientation or gender identity;

5 - We are also disturbed that violence, harassment, discrimination, exclusion, stigmatisation and prejudice are directed against persons in all countries in the world because of sexual orientation or gender identity, and that these practices undermine the integrity and dignity of those subjected to these abuses;

6 - We condemn the human rights violations based on sexual orientation or gender identity wherever they occur, in particular the use of the death penalty on this ground, extrajudicial, summary or arbitrary executions, the practice of torture and other cruel, inhuman and degrading treatment or punishment, arbitrary arrest or detention and deprivation of economic, social and cultural rights, including the right to health;

7 - We recall the statement in 2006 before the Human Rights Council by fifty four countries requesting the President of the Council to provide an opportunity, at an appropriate future session of the Council, for discussing these violations;

8 - We commend the attention paid to these issues by special procedures of the Human Rights Council and treaty bodies and encourage them to continue to integrate consideration of human rights violations based on sexual orientation or gender identity within their relevant mandates;

9 - We welcome the adoption of Resolution AG/RES. 2435 (XXXVIII-O/08) on “Human Rights, Sexual Orientation, and Gender Identity” by the General Assembly of the Organization of American States during its 38th session in 3 June 2008;

10 - We call upon all States and relevant international human rights mechanisms to commit to promote and protect human rights of all persons, regardless of sexual orientation and gender identity;

11 - We urge States to take all the necessary measures, in particular legislative or administrative, to ensure that sexual orientation or gender identity may under no circumstances be the basis for criminal penalties, in particular executions, arrests or detention.

12 - We urge States to ensure that human rights violations based on sexual orientation or gender identity are investigated and perpetrators held accountable and brought to justice;

13 - We urge States to ensure adequate protection of human rights defenders, and remove obstacles which prevent them from carrying out their work on issues of human rights and sexual orientation and gender identity.

Armenia’s “Human Rights Day”

10 December – Human Rights Day, 60th anniversary of the Universal Declaration of Human Rights

Around 70 political prisoners.

No free and fair elections on any level (with few minor exceptions).

Restrictions to freedom of assemblies/rallies.

Electronic media (TV), which is the most accessible media in Armenia, is not free or partly free. Situation became slightly better but it's more of a cosmetic nature than a real change. There are still banned TV channels (A1+, Noyan Tapan). Print media is effectively free. However, it does not have enough circulation and population access.

Armenian courts are not independent, and many court cases remind absurd theatres.

Non-stop pressures on businesses close to the opposition to ‘surrender’.

There are problems in relation to all aspects of human rights: children rights, women rights, gender equality, discrimination based on sexual orientation and gender identity...

The best thing to happen in human rights field in Armenia was the introduction and functioning of the Human Rights Ombudsman, both as a person and as an institution. It's far from perfect in terms of work and influence, but recent evidence proves that Armenia’s Human Rights Ombudsman was able to assist in protecting human rights in our country, like no other state person/institution in Armenia. I would consider Armen Harutyunyan as a Person of the Day.

There are also encouraging signs on international level showing that at least based on some recent instances Armenian government aligns itself with the more progressive segments of international community. In particular, I commend Armenian government for signing under the proposed French-sponsored and EU-backed UN statement against discrimination based on sexual orientation and gender identity (separate post on this unprecedented action is upcoming), as well as signing European treaty which potentially grants adoption rights to same-sex couples. So far, Armenia is the only country in the region to endorse above mentioned international documents.

It was amusing to read speaker of Armenian parliament Hovik Abrahamyan’s statement on Human Rights Day: "Human rights will be at the centre of attention of Armenian parliament". First, Armenian parliament has to be representative of population, which is – disappointingly - not. Then, it has to prove that it indeed an institution to protect human rights, which is – disappointingly - not.

It's easy to issue statements and declarations on human rights. It's completely different matter and pretty tough to actually mean it and make them work.

There’s no pride in silence: domestic and sexual violence against women in Armenia

Report issued today by the Amnesty International (to be formally launched in Yerevan tomorrow) suggests that “more than a quarter of women in Armenia have faced physical violence at the hands of husbands or other family members. Many of these women have little choice but to remain in abusive situations as reporting violence is strongly stigmatized in Armenian society.”

Women’s Resource Centre in Armenia organises march against violence against women on 25 November 2008.

For details - see Unzipped: Gay Armenia