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UN-GLOBE marches in the 2019 World Pride parade in celebration of lesbian, gay, bisexual, transgender, questioning/queer and intersex (LGBTQI) people everywhere. Credit: UN-GLOBE
By an IPS Correspondent
UNITED NATIONS, Mar 29 2023 (IPS)
A group of UN experts* on human rights has blasted the Government of Uganda for making homosexuality punishable by death.
“It is an egregious violation of human rights, the experts said, urging Uganda’s president not to promulgate laws that take aim at and further criminalise people identifying as lesbian, gay, bisexual and transgender (LGBT), and those who support and defend their human rights.
“The imposition of the death penalty based on such legislation is per se an arbitrary killing and a breach of article 6 of the International Covenant on Civil and Political Rights (ICCPR),” the experts said, noting that this advice has been provided on several occasions to the Ugandan State in the past, according to a press release.
The Ugandan parliament recently approved harsh anti-LGBT laws that target and jeopardise the rights of LGBT persons and those who support and defend their human rights. The Ugandan legislation has been criticised as one of the world’s harshest anti-LGBT laws.
“The imposition of the death penalty for same-sex intimacy – including so-called ‘serial homosexuality’ – is an egregious violation of human rights,” the UN experts said.
They warned that the new legislation would exacerbate and legitimise continued stigmatisation, violence, harassment, and discrimination against LGBT persons and impact all spheres of their lives.
“LGBTI persons will constantly live in fear and stress for their life and physical integrity for simply living according to their sexual orientation,” the experts said, highlighting also the mental health-associated risks.
The experts said consistent acts of aggression, intimidation, and harassment and the proposed legislation threatened the physical and mental integrity and health of lesbian, gay, bisexual, trans and other gender diverse persons in Uganda.
“Culture can never be a justification for such flagrant violations of human rights,” the experts said. They recalled the obligation of all stakeholders, including States, civil society and businesses, to promote social inclusion and contribute to stopping human rights abuses.
According to the experts, the Ugandan legislation comes after years of State-instigated and perpetuated discrimination and violence on the basis of sexual orientation and gender identity.
The experts repeatedly raised serious concerns about escalating risks to the human rights of LGBT persons in Uganda over the past 15 years, including when other iterations of so-called “anti-homosexuality” laws were proposed in 2009, 2012, 2013 and 2014.
In all cases, the draft bills were assessed as potentially leading to immediate violations to a substantial range of human rights, including the rights to life, liberty and security, privacy, equality and non-discrimination, freedom of association, peaceful assembly, opinion, expression, and the highest attainable standard of physical and mental health, not to be subject to arbitrary arrest or detention, and the absolute prohibition against torture or cruel, inhuman, or degrading treatment or punishment.
“The new law is no exception and forms part of a worrying trend of intolerance, exacerbating stigma against LGBTI persons without any grounds or evidence,” they said.
The experts recalled that every person has the right to live peacefully and free from discrimination and violence. “We urge the President of Uganda to tread a new path towards respect of human rights and acceptance of difference, and reject the proposed law,” they said.
*The group of experts include: Mr. Víctor Madrigal-Borloz, Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity; Irene Khan, UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Nazila Ghanea, Special Rapporteur on freedom of religion or belief; Ms. Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers; Dr Alice Jill Edwards, Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment; Ms. Reem Alsalem, Special Rapporteur on violence against women and girls, its causes and consequences; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; Ms. Miriam Estrada-Castillo (Chair-Rapporteur), Mr. Mumba Malila (Vice-Chair), Ms. Priya Gopalan, Mr. Matthew Gillett, and Ms. Ganna Yudkivska – Working Group on arbitrary detention; Ms. Alexandra Xanthaki, Special Rapporteur in the field of cultural rights; Dr. Ana Brian Nougrères, Special Rapporteur on the right to privacy; Ms. Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Mr. Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and of association; Ms. Pichamon Yeophantong (Chairperson), Mr. Damilola Olawuyi (Vice-Chairperson), Ms. Fernanda Hopenhaym, Ms. Elżbieta Karska, and Mr. Robert McCorquodale of the Working Group on the issue of human rights and transnational corporations and other business enterprises; Mr. Gerard Quinn, Special Rapporteur on the rights of persons with disabilities; Morris Tidball-Binz, Special Rapporteur on extrajudicial, summary or arbitrary executions.
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STOCKHOLM, 29 March 2023 – The OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings, Valiant Richey, and UN Special Representative of the Secretary-General on Sexual Violence in Conflict, Pramila Patten, expressed their grave concern about the harm of sexual exploitation, and sexual violence and its cost for the whole of society, as a result of the ongoing war against Ukraine.
The two Special Representatives made the following statement on the margins of the Conference on Prevention Models to Address the Demand that Fosters Trafficking for Sexual Purposes, under the Swedish Presidency of the Council of the European Union:
“More than 8 million people have fled Ukraine since the war began, generating the largest refugee crisis since the Second World War. As the war drags on, rising food and energy prices put pressure on national economies and on the most vulnerable people. We must ensure that an emergency response is accompanied by sustainable solutions that increase societies’ resilience against trafficking in persons, especially women and children, for the purpose of sexual exploitation and sexual violence.
We acknowledge that some decisive measures to prevent the trafficking and exploitation of displaced persons from Ukraine, such as information campaigns, hotlines, and training of frontline workers, have been promptly put in place. In line with UN Security Council Resolutions 2331 and 2388, as well as the OSCE recommendations[1], prevention and protection measures should be strengthened, inside and outside Ukraine. Law enforcement, border guards and security officers must be trained and equipped to identify and assist victims and potential victims. Investigators and prosecutors should be given adequate resources and enhance information-sharing networks to ensure accountability for trafficking and any underlying crimes. Victims of trafficking must receive holistic assistance and services for their physical, psychological and socio-economic recovery as well as rehabilitation and reintegration.
Moreover, we must ensure that measures to prevent and combat trafficking adopt a gender-sensitive and survivor-centred approach ensuring that victims of trafficking are treated with dignity. Addressing the vulnerabilities of people on the move remains a priority. In addition, more co-ordinated efforts are required to effectively disrupt and dismantle the human trafficking business model. This includes adopting and implementing necessary legislation to hold traffickers accountable as well as anyone who contributes to trafficking, including facilitators and sex buyers who incentivize exploitation.
We are extremely concerned that much of the trafficking activities now happen online. Coinciding with the massive displacement, there are large spikes in online searches for explicit content and sexual services from Ukrainians. This has created an alarming incentive for traffickers to recruit and exploit vulnerable women and children at scale. It is urgent to root out those who create the demand and platforms that allow for this type of violence and exploitation to thrive. Self-regulation and voluntary safety measures implemented by technology companies have been largely ineffective. States need to put in place policies mandating proactive monitoring and removals of exploitative materials, as well as mechanisms for public reporting and for shutting down abusive platforms.
In response to the increase of trafficking risks and in line with our international, regional and national obligations and commitments, we have a collective responsibility to prevent the current humanitarian crisis turning into a human trafficking crisis. We commit to scaling up and strengthening our actions to enhance the overall response to trafficking in human beings for the purpose of sexual exploitation, and all forms of sexual violence.’
[1] Recommendations of the OSCE Special Representative and Co-ordinator for Combating Trafficking in Human Beings on the need to enhance anti-trafficking prevention amid mass migration flows | OSCE, March 2022 and Recommendations on enhancing efforts to identify and mitigate risks of trafficking in human beings online as a result of the humanitarian crisis in Ukraine | OSCE, April 2022
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