• by Thalif Deen (united nations)
• Wednesday, June 15, 2011
• Inter Press Service

The United Nations is lagging far behind some of its own member states in recognising the rights of gays and lesbians who remain closeted in an institution that does not always practice what it preaches to the outside world.

Among the 192 member states, the Netherlands is touted as a pioneer in the field, where same-sex marriages have been legalised since 2001.

And according to Human Rights Watch (HRW), the Netherlands has been followed by Belgium (2003), Spain and Canada (2005), South Africa (2006), Norway and Sweden (2009) and Portugal, Iceland, Argentina, Mexico City and several Mexican states (2010).

In the United States, a growing number of states recognize same-sex marriages, and also approve lesbian, gay, bisexual and transgender (LGBT) rights - despite strong opposition from right wing conservative groups and religious fundamentalists.

Currently, same sex marriages are considered legal in at least five U.S. states: Connecticut, Iowa, Massachusetts, New Hampshire and Vermont - along with the District of Columbia.

The legalisation of same-sex marriages is also on the ballot in several other states, including Maine, Maryland and Oregon.

The state of California, however, suffered a setback when voters adopted Proposition 8, back in November 2008, which recognised only marriages between men and women: a major defeat for gay rights activists who had earlier won the blessings of the state’s highest court for same-sex marriages.

According to a spokesperson for U.N. Globe, an advocacy group that promotes LGBT rights in the world body, the U.N. follows laws of the particular country - relating to issues such as pension, next of kin, spousal allowances, etc. - to which the U.N. staffer belongs.

The personal status of staff members for the purpose of entitlements under U.N. Staff Regulations and Rules will be determined 'by reference to the law of nationality of the staff member concerned', according to U.N. guidelines.

'When a staff member has more than one nationality, and in accordance with applicable rules, the Organisation recognises the nationality of the State with which the staff member is most closely associated,' it says.

If a staffer hails from a country which recognises same-sex marriages and LGBT rights, he or she will be entitled to the same rights as an employee at the United Nations.

But since an overwhelming majority of the 192 member states don’t recognise same-sex marriages, nationals of these countries are deprived of rights and privileges traditionally granted to heterosexual couples.

Boris O. Dittrich, acting director of the LGBT Rights Programme at HRW, told IPS it would be logical for the U.N. to expand those rights to people from other U.N. member states as well, in order to avoid inequality between U.N. staffers.

'But of course, first and foremost, it is up to their own governments to allow them the same rights, irrespective of their sexual orientation and partnership status,' he added.

Dittrich said it is inevitable that more nations open to ending discrimination based on sexual orientation or gender identity will follow the countries already on board.

'The trend to legalise same-sex marriage is unstoppable,' he declared.

At the political level, however, the 19-member U.N. Committee on Non-Governmental Organisations (NGO) voted last month to deny 'consultative status'- implying U.N. recognition - for the Belgium- based International Lesbian and Gay Association.

This rejection followed 10 years of repeated deferrals by the committee.

After procedural wrangling, the vote was seven in favour (Turkey, U.S., Belgium, Bulgaria, India, Israel and Peru) and eight against (Sudan, Burundi, China, Kyrgyzstan, Morocco, Pakistan, Russia and Senegal), with three abstentions (Venezuela, Mozambique and Nicaragua). Cuba did not participate in the vote.

The Committee also deferred an application by the Australian Lesbian Medical Association - primarily on 'procedural issues' raised by some members of the committee.

Asked for clarification on the rights of gay U.N. staffers, Charles Radcliffe, chief of the Global Issues Section at the Office of the U.N. High Commissioner for Human Rights (OHCHR), told IPS that neither High Commissioner Navi Pillay nor the Office of the High Commissioner have, to the best of his knowledge, expressed a public position on the question of entitlements.

'The current position reflects the status of a staff member’s relationship under the law of their country of origin, which creates obvious discrepancies and inequalities,' he explained.

'The focus of our advocacy to date has been on discriminatory law, policy and practice at the national level rather than on internal U.N. procedures,' said Radcliffe.

In this respect, he pointed out, the high commissioner has made several recent appeals for member states to act to end the criminalisation of homosexuality and to counter homophobia, violence, and discrimination based on sexual orientation and gender identity.

Speaking at an event marking the International Day against Homophobia and Transphobia May 17, Pillay said homophobia and transphobia are no different to sexism, misogyny, racism or xenophobia.

But whereas these last forms of prejudice are universally condemned by governments, homophobia and transphobia are too often overlooked, she said.

'History shows us the terrible human price of discrimination and prejudice,' Pillay said, adding that, 'no one is entitled to treat a group of people as less valuable, less deserving or less worthy of respect… each and every one of us is entitled to the same rights, to the same respect and ethical treatment, regardless of our sexual orientation or gender identity.'

As New York state moves closer towards recognising same-sex marriages, the Human Rights Campaign, described as the largest LGBT civil rights organisation, has delivered 25,000 signed postcards from New Yorkers to state senators.

A report by the National Opinion Research Center at the University of Chicago released last month concludes that 'overwhelmingly societies have become more accepting of homosexual behaviour'. The top five countries with the highest acceptance of homosexuality were the Netherlands, Denmark, Norway, Switzerland and Belgium-Flanders. The bottom half of the list comprised seven ex-Socialist states, four East Asian nations, three Latin American countries, along with Cyprus, South Africa and Turkey.

'While to my knowledge the high commissioner [Pillay] has not addressed the specific question of same-sex marriage in her statements, she has highlighted the obligation arising from existing international human rights treaties,' Radcliffe told IPS. These treaties include the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights.

Ensuring protection from discrimination on grounds of sexual orientation requires changes in law and practice in many countries and the OHCHR has offered its full support and technical assistance to governments willing to embark on the necessary reforms.

In addition to encouraging legislative reform, said Radcliffe, the high commissioner has also stressed the need for a parallel effort to encourage a shift in popular attitudes to counter homophobia.

© Inter Press Service (2011) — All Rights Reserved. Original source: Inter Press Service

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