Australia in Switzerland
Bern and Geneva
Switzerland, Liechtenstein

Statement 98

Item 8
CANZ Statement
Delivered by Angela Robinson, Australian Permanent Mission
on behalf of Canada, New Zealand and Australia
23 March 2010

I have the honour to make this statement on behalf of Canada, New Zealand and Australia.

The Vienna Declaration and Programme of Action reaffirmed the fundamental principles of universality and non-discrimination, which require that all human beings are entitled to the full enjoyment of all human rights.

In furtherance of these principles, Canada, New Zealand and Australia were proud to endorse the joint statement on human rights, sexual orientation and gender identity, delivered by Argentina on behalf of 66 States from all regional groups, at the UN General Assembly on December 18, 2008. That statement has subsequently been joined by the United States and just last week by Costa Rica.

We thank the UN High Commissioner for Human Rights, Madame Pillay, for her statement in December 2008 recognising that “no human being should be subject to discrimination, violence, criminal sanctions, or abuse, simply because of their perceived sexual orientation or gender identity.”

Canada, New Zealand and Australia are deeply concerned by the continuing violations all over the world of human rights and fundamental freedoms based on sexual orientation or gender identity, as well as the violence, harassment, discrimination, exclusion, stigmatisation and prejudice directed against persons because of sexual orientation or gender identity. In this regard, we are especially concerned that legislation under consideration in Uganda could provide for life imprisonment and even the death penalty for homosexuality in some cases.

At this session of the Council alone, Special Rapporteurs have identified numerous human rights violations on grounds of sexual orientation and gender identity, including arrests, killings, violent attacks, violations of freedoms of expression, and torture.

Mr President

This Council’s mandate is to promote “universal respect for the protection of all human rights and fundamental freedoms for all, without distinction of any kind and in a fair and equal manner”.

Canada, New Zealand and Australia therefore call upon Members of this Council and all states to promote and protect the human rights of all persons, regardless of their sexual orientation and gender identify. Sexual orientation or gender identity must never be the basis for discrimination, abuse, criminal action and penalties, detention or imprisonment, or deprivation of any human right.

We urge all states to endorse the statement to the UN General Assembly of December 18 2008.

We also urge all 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.