Statement 125 - Australian Permanent Mission and Consulate-General

Australian Permanent Mission and Consulate-General

Geneva, Switzerland

Address: Chemin des Fins 2, Case Postale 102, 1211 Geneva 19 - Telephone: 022 799 9100 - Fax: 022 799 9178

Item 8

Australian statement on behalf of Canada, New Zealand and Australia

by Ms Angela Robinson
15 June 2010

Mr President

I take the floor on behalf of Canada, New Zealand and Australia.

This month marks the 17th anniversary of the adoption of the Vienna Declaration and Program of Action, which re-affirmed the universality of all human rights. While progress has been made in some areas to live up to this call, we still face challenges.

Discrimination on the basis of sexual orientation and gender identity remains pervasive and in many cases is state-sponsored. Such discrimination begins with the criminalisation of same-sex activity. In many countries around the world, sexual conduct between consenting adults of the same sex is a criminal offence, with penalties ranging from a few months in prison to the death penalty.

The proponents of these measures argue that the concept of “sexual orientation” is not part of “universally accepted” human rights discourse. However, laws imposing criminal penalties on the basis of sexual orientation breach a number of core human rights obligations set out in the ICCPR and the ICESCR, and referred to in the UDHR and the Vienna Declaration, including:

1. Right to life
2. Right to liberty
3. Right to non-discrimination
4. Right to equal protection of the law
5. Right to privacy
6. Right to respect of dignity

Domestic court decisions from all regions of the world have held that criminalising same-sex activity violates these fundamental human rights. The High Commissioner, UN treaty bodies and many Special Rapporteurs of this Council have all expressed their concern and have noted the negative effects of such criminal penalties on the realisation of other human rights. For example, we note the recent report of the Special Rapporteur on the Right to Health, who stated that “criminalization of private, consensual sexual interaction between adults represents a significant impediment to the realization of the right to health of all persons”. UN Secretary General Ban Ki Moon recently added his voice to those calling for the repeal of criminal laws against consensual same-sex conduct.

There have been positive developments towards decriminalising sexual activity between consenting adults of the same sex. Approximately 115 countries have abolished or have never had in place such laws. We congratulate those countries from all regions of the world that have recently made advances to decriminalise same-sex activity.

In 2008, Panama and Nicaragua removed those provisions from their Penal Codes criminalising same-sex activity. In July 2009 the High Court in Delhi ruled that sexual activity between consenting adults of the same sex could not be subject to criminal penalties in India. Nepal decriminalised same-sex activities in 2007, the Marshall Islands in 2005, Cape Verde in 2004 and Armenia in 2003.

We were pleased to learn about the decision by President Binguwa Mutharika to pardon two individuals in Malawi who had been sentenced to 14 years in prison with hard labour for alleged homosexual conduct. We would urge the Government of Malawi to remove those laws under which these persons were arrested and detained.

Approximately one third of UN member states retain criminal penalties for same-sex activity. Canada, New Zealand and Australia call on all states that maintain criminal penalties on the basis of sexual orientation to remove such provisions from their Penal Codes. In particular, we call on those states that retain the death penalty for same-sex activities to amend their Penal Codes as a matter of urgency.