WCAR Cauces pages

Citizenship and full participation in all aspects of society, as well as the eradication of discrimination based on sexual orientation, gender, age, health, economic status and other grounds, are crucial elements for inclusion as governments, peoples and movements commit to the elimination of racism, racial discrimination and xenophobia.

Experiences of racism are exacerbated by and cannot be separated from discrimination experienced on other grounds, including sexual orientation. In this way, the intersectionality of oppressions perpetuates the disadvantage of society's most vulnerable. There remain serious obstacles to the full enjoyment of the civil and political rights, as well as the economic, social and cultural rights of sexual minorities. These rights are not expressly recognized in most cultural norms and/or State laws, and therefore discrimination and inequality on this basis continue to persist.

The Sexual Orientation, Multiple Discrimination and Related Intolerance Caucus submits that sexual orientation is a ground of intolerance experienced by persons or groups of people. Combined with other grounds of discrimination, it has consequences on people's lives as a form of multiple discrimination. Every time such grounds are enumerated within the WCAR Declaration and Plan of Action, sexual orientation should be explicitly retained.

RATIONALE:

• The World Conference on Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance (WCAR), to be held in Durban 2001, is an important opportunity to reaffirm the principles of universality, indivisibility and inter-dependence of human rights, the full enforcement of which will require elimination of all forms of discrimination that negatively affect human individuality;
• The Universal Declaration of Human Rights reaffirms the principle of non-discrimination and proclaims that all human beings are born free and equal in dignity and rights, without any distinction whatsoever. A life of freedom, without prejudices, coercion or threats to the physical or mental wellbeing of individuals presupposes the elimination of sexism, racism, xenophobia, lesbophobia and homophobia;
• Despite the existence of binding international agreements and conventions establishing the principles of non-discrimination and equality without distinctions regarding race, age, language, ethnic group, culture, religion, disability, or other status, nevertheless the exclusion, concealment and flagrant violations of the human rights and fundamental freedoms of persons because of their sexual orientation still persists;
• The United Nation's World Conference on Racism, Racial Discrimination, Xenophobia and Other Related Forms of Intolerance, by including "related intolerance" broadens the discussion to cover other critical issues such as sexual orientation.

Therefore, we call on the United Nations Member States to:

• Explicitly include sexual orientation in the Declaration and the Programme of Action as a ground related to racism, racial discrimination, xenophobia and other forms of discrimination.

• Incorporate into human rights instruments the respect for sexual diversity. These instruments must explicitly reject the imposition of any pattern for life based on intolerance and on the denial of freedom and dignity.

• Declare that the various forms of discrimination including racism, racial discrimination, xenophobia, sexism, lesbophobia, and homophobia are crimes against humanity;

• Adopt Constitutional clauses, laws, and policies that explicitly guarantee non-discrimination and enjoyment of all rights for all persons, without any distinction regarding race, ethnic origin, gender, age, sexual orientation, language, religion, national origin, migratory status, social status, economic standing, work or occupation, birth, health status and disability, as well as other diversities; and

• Incorporate mechanisms into State's legislation to repeal discriminatory laws. At a minimum, this must include:

• taking all necessary measures to end torture, disappearances and the imposition of the death penalty on grounds such as sexual orientation;
• repealing those laws that criminalize consensual same-sex relations;
• protecting the rights of people persecuted and in search of asylum because of their sexual orientation;
• recognizing the rights of same sex foreign partners to immigrate on an equal basis;
• investigating, prosecuting and punishing perpetrators of hate crimes.