This is the first time that the words sexual orientation and gender identity appear in an official document approved by the 34 countries of the Americas

Katherine McDonald, on behalf of Action Canada for Population and Development (ACPD)
Geneva 16 June 2008

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In 1993 the Vienna Declaration and the Programme of Action reaffirmed the principles of universality and non-discrimination and confirmed that human rights are indivisible, interdependent and interrelated.

And this year, May 31, 2008, on the occasion of the 60th anniversary of the Charter of the Organization of American States, the 38th General Assembly of the Organization of American States (OAS) approved by consensus the resolution “Human Rights, Sexual Orientation and Gender Identity”, presented by the Brazilian delegation.

We would like to congratulate Brazil for submitting this resolution. We salute the 34 members of the Organization of American States for agreeing by consensus that serious human rights violations are faced by individuals based on their sexual orientation and gender identity and that this situation requires attention within the principles of universality, indivisibility and interdependence of human rights as affirmed in Vienna 15 years ago. This is the second regional human rights system to express a clear political commitment by its Member States acknowledging human rights violations of LGBTI individuals.

This is the first time in the history of the hemisphere that the words sexual orientation and gender identity appear in an official document approved by the 34 countries of the Americas. This unprecedented document in the region was agreed by consensus, including by the English speaking Caribbean countries where legislation still criminalizes sexual conduct between individuals of the same sex.

The resolution represents an important step forward in the working process for the approval of the draft Inter-American Convention against Racism and All Forms of Discrimination and Intolerance, whose negotiation will continue next year. The current draft already includes sexual orientation and gender identity as protected categories.

We would also salute the efforts of civil society. More than 20 activists of different sexual orientations and gender identities and expressions representing 21 organizations from 16 countries of Latin America and the Caribbean met in Medellín before the meeting. They worked on a strategy to strengthen the participation and visibility of the regional LGBTTTI movement as a component of the civil society within the OAS in this quintessential moment of the political life of the OAS.

We congratulate civil society for its extraordinary efforts to advance the human rights of travesti, transsexual, transgender, intersex, bisexual, lesbian and gay activists of Latin America and the Caribbean.

Thank you.

AG/RES. 2435 (XXXVIII-O/08)

HUMAN RIGHTS, SEXUAL ORIENTATION, AND GENDER IDENTITY

(Adopted at the fourth plenary session, held on June 3, 2008)


THE GENERAL ASSEMBLY,

REAFFIRMING:

That the Universal Declaration of Human Rights affirms that all human beings are born free and equal in dignity and rights and that everyone is entitled to all the rights and freedoms set forth in that Declaration, without distinction of any kind, such as race, color, sex, language, religion, political or other opinion, national or social origin, property, birth, or other status;

That the American Declaration of the Rights and Duties of Man establishes that every human being has the right to life, liberty, and the security of the person;

CONSIDERING that the OAS Charter proclaims that the historic mission of America is to offer to man a land of liberty and a favorable environment for the development of his personality and the realization of his just aspirations;

REAFFIRMING the principles of universality, indivisibility, and interdependence of human rights; and

TAKING NOTE with concern acts of violence and related human rights violations perpetrated against individuals because of their sexual orientation and gender identity,

RESOLVES:

1. To express concern about acts of violence and related human rights violations committed against individuals because of their sexual orientation and gender identity.

2. To request that the Committee on Juridical and Political Affairs (CAJP) include on its agenda, before the thirty-ninth regular session of the General Assembly, the topic of “Human rights, sexual orientation, and gender identity.”

3. To request the Permanent Council to report to the General Assembly at its thirty-ninth regular session on the implementation of this resolution, the execution of which shall be subject to the resources allocated in the program-budget of the Organization and other resources.


MEDELLIN DECLARATION OF THE COALITION OF LESBIANS, GAYS, BISEXUALS, TRAVESTI, TRANSSEXUALS, TRANSGENDERS AND INTERSEX OF THE AMERICASi.


Mister Secretary General, Ministers, Members of the Official Delegations, Civil Society Representatives,

We, the lesbian, gay, bisexual, travesti, transsexual, transgender and intersex organizations, convened in Medellin, Colombia on May 29, 30 and 31, 2008, in accordance with directives established by the General Assembly of the OAS in its resolutions AG/RES.2092(XXXV-O/05); CP/RES.759(1217/99); 840(1361/03); AG/RES.1707(XXX-O/00) and AG/RES.1915(XXXIII-O/03), which determine a regulatory framework to enhance and strengthen civil society participation in OAS activities and in the Summit of the Americas process, are concerned that in the draft declaration of Medellín “Youth and democratic values” there are no references to sexual orientation and gender identity and expression, even though they were part of the recommendations from the civil society meeting in Washington, from the 10th to the 14th of March, 2008.

Our reality as youth is characterized by the violation of the right to life; we are victims of torture, genital mutilations, forced medical surgery and sexual violence. Our rights to health, education, identity, work and participation are denied. We are constantly victims of stigmatization and exclusion in our families and in society as a whole. Our visibility and the right to our social and legal identities are also denied. All these rights violations are caused by social, cultural and religious prejudices that destroy our dignity as citizens.

All our rights are systematically violated in all countries of the hemisphere.

Since this reality contradicts the essence of the democratic values of the OAS, we recommend:

That Member States recognize the existence of diversity in sexual orientation, gender identity and expression among young persons. This includes recognizing the rights to change name and sex in our legal documents without requiring genital mutilation.
That Member States promote the respect for diversity in sexual orientation, gender identity and expression in education and media to build a just, equitable and inclusive society.
That Member States ensure, especially to youth, full access to education, health, employment and occupation without discrimination; in case of rights violations within families and communities of origin to provide services sensitive to the needs of young persons
That Member States repeal all criminalizing and discriminatory legislation, and promote cultural, social and institutional changes which are aimed at preventing and punishing discrimination and violence, and thereby fully guaranteeing our rights.
That the General Assembly approves the draft Resolution CP/CAJP-2626/08 “Human Rights, Sexual Orientation and Gender Identity” presented by the Brazilian Delegation, whose initiative we fully endorse. At the same time we urge all Member States to support the above mentioned resolution.
That the General Assembly approves the draft Resolution AG/doc4794/08 “Draft Inter-American Convention against Racism and all Forms of Discrimination and Intolerance” and that Member States commit themselves to finalizing the negotiation of the draft accepting the substantive progress achieved during the past year.

We believe that, as long as discrimination and intolerance against lesbians, gays, bisexuals, travesti, transsexuals, transgenders and intersex continue unpunished in our societies, there will neither be democratic values for youth, nor will there be democracy for all.

Members of the LGBTTTI movement and allies attending the 38th session of the General Assembly of the OAS:

Belissa Andia (Instituto Runa – Secretaría Trans ILGA, Peru)
Caleb Orozco (United Belize Advocacy Movement, Belize)
Camila Zabala (Aireana, Paraguay)
Camilo Rojas, Sentimos Diverso, Colombia)
Cindy Loren (GATTA, Brazil)
Claudia Spellmant (Colectivo Travesti de San Pedro Sula, Honduras)
Edmilson Medeiros (Red Afro LGBT y Articulação Politica das Juventudes Negras, Brazil)
Germán Rincón Perfetti (Asociación. Lideres en acción, Colombia)
Javier Minnota Minnota (AfroAmérica XXI, Colombia)
July Betances (Colectiva Mujer y Salud, Dominican Republic)
Marcelo Ferreyra (IGLHRC, Argentina)
Marina Bernal (Mulabi, Mexico-Colombia)
Michel Riquelme (Organización de Transexuales por la Dignidad de la Diversidad, Chile)
Natasha Jiménez (Mulabi, Costa Rica)
Sandra Montealegre (Mesa Joven por la Diversidad Sexual, Colombia)
Sara Hoyos (Independent Activist, Colombia)
Silvia Martínez (Red LAC/Trans, Nicaragua)
Stefano Fabeni (Global Rights, USA)
Tamara Adrian (DIVERLEX, Venezuela)
Tatiana Cordero (Taller Comunicación Mujer, Ecuador)
Maurice Tomlinson (Jamaica AIDS Support for Life, Jamaica)
Vidyaratha Kissoon (Society Against Sexual Orientation Discrimination SASOD, Guyana)