Armenia’s stance towards recommendations of Universal Periodic Review

During the 29th Regular Session of Human Rights Council, June 25, the state of Armenia presented its official stance towards the recommendations made during the review of the human rights record of Armenia earlier this year.

Large number of recommendations included, among others, adopting and effectively implementing legislation to ensure prohibition of discrimination based on sexual orientation and gender identity, combating hate propaganda and ensuring that appropriate training is provided to officials, and that law enforcement authorities carry out thorough and prompt investigations regarding attacks on LGBTI persons.

Gladly, most of these recommendations have been supported by the Republic of Armenia, including those related to prohibition of discrimination and discriminatory based activities against LGBT people which were carefully formulated. However, the Republic of Armenia noted one recommendation in which juridical adjustments were requested.

Even so, this small achievement is very important to our work, as it means the acknowledgement by the state of existence of various human rights issues of LGBT people that need to be addressed. The results of this report should be a starting point by the state to undertake necessary measures to improve the lives of LGBT people in Armenia.

To remind, that PINK Armenia, together with partner organizations, had submitted an alternative report for the 21st session of the Universal Periodic Review, where recommendations on prohibition of discrimination on the basis of sexual orientation and gender identity had been highly emphasized.

Homophobia and punitive laws continue to threaten HIV responses and human rights

UNAIDS Infographic: I am Gay - 5 things I fear.

In many regions of the world, punitive laws and practices against lesbian, gay, bisexual and transgender and intersex (LGBTI)[1] individuals continue to block effective responses to HIV. A range of human rights violations have been documented, from denial of health services and freedom of association to harassment, violence and murder.

Last week, a youth organization in Cameroon is reported to have held an anti-LGBT rally; the news followed a series of arrests and detentions in recent years of Cameroonian men who have sex with men based on their sexual orientation.

In Zimbabwe, where sex between men is illegal, police officers arrested and later released 44 members of the organization Gays and Lesbians Zimbabwe (GALZ) on 11 August 2012 following the launch of a GALZ report documenting human rights violations of LGBT individuals.

In Europe, a report on the human rights situation of LGBTI people—published in May 2012 by the European Region of the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA-Europe)—documented many cases of violence, hatred and discrimination against LGBTI people.

Studies in the United States, Canada, Europe and Australia have documented high levels of homophobic bullying in schools and lack of support from school authorities. A recent study conducted in the United States, for example, found that more than 84% of young LGBT learners had been called names or threatened, 40% had been pushed or shoved, and 18% had been physically assaulted at school.

Several cities in the Russian Federation recently passed laws prohibiting public information on sexual orientation and gender identity. Similar legislation is pending before the Ukrainian parliament. UNAIDS believes such laws discriminate against LGBT people by curtailing their freedoms of assembly and speech, threaten HIV outreach organizations supporting them, and may be used to justify homophobic bullying and violence.

A "climate of hate and fear"

Evidence and experience have shown that punitive laws and practices drive sexual minorities away from HIV services. A study conducted in Senegal, for example, found that prosecutions and harassment of LGBT individuals in 2008 led to “pervasive fear and hiding” among members of these groups. According to the study, some health providers suspended their HIV prevention work with men who have sex with men out of fear for their own safety; those who continued to provide health services noted a sharp decline in participation by men who have sex with men.

"Human rights violations based on people's real or perceived sexual orientation, gender identity or expression sanction the climate of hate and fear that keeps LGBTI people further in the closets,” said human rights advocate Joel Nana, Executive Director of the non-profit organization African Men for Sexual Health and Rights (AMSHeR). “Such violations discourage health-seeking behaviour, deny access to key health services and sustain the increasing incidence of HIV infection among men who have sex with men and transgender people," he added.

High HIV prevalence among men who have sex with men, transgender people

In many regions of the world, men who have sex with men and transgender people experience high HIV prevalence and low coverage of HIV prevention, treatment, care and support services.

Recent studies from sub-Saharan Africa show that HIV prevalence among men who have sex with men ranges from 6% to 31%. In Asia, the odds of men who have sex with men becoming infected with HIV are nearly 19 times higher than in the general population. In Latin America, an estimated half of all HIV infections in the region have resulted from unprotected sex between men.

Studies among transgender people have shown disproportionately high HIV prevalence ranging from 8% to 68%. Without access to HIV information and services free of fear, criminal sanction and homophobia, these trends cannot be addressed.

“World leaders are increasingly speaking out against discrimination and criminalization on the basis of sexual orientation and gender identity,” said Susan Timberlake, Chief of the Human Rights and Law Division at the UNAIDS Secretariat. “In launching its report in July, for example, the Global Commission on HIV and the Law issued a strong call for decriminalization of LGBT people and their protection in the context of the AIDS response.”

Some positive developments

Despite setbacks, there are some encouraging developments in favour of equality, non-discrimination and access to health services for sexual minorities.

On 12 July 2012, the President of Chile signed into law an anti-discrimination law that punishes hate crimes, including against LGBT people. Introduced some seven years ago, the adoption of the anti-discrimination law gained momentum following the brutal murder of Daniel Zamudio, a 24-year-old homosexual man.

On the International Day Against Homophobia and Transphobia, 17 May 2012, the European Region of Education International, the European Trade Union Committee for Education (ETUCE), the European Trade Union Confederation (ETUC) and ILGA-Europe committed to strengthen their collaboration to prevent and combat homophobia and transphobia at national and European levels in school, the workplace and society.

In February 2010, the Government of Fiji became the first Pacific Island nation to formally decriminalize sex between men. Fiji’s new Crimes Decree removes previous references to “sodomy” and “unnatural acts” and uses gender neutral language when referring to sexual offences.

In 2009, the High Court of Delhi held that criminalization of same-sex relations is unconstitutional and that it “pushes gays and men who have sex with men underground,” leaving them vulnerable to police harassment and impeding access to HIV services.

UN advocacy and action

In March 2012, the UN High Commissioner for Human Rights presented a report at the 19th session of the UN Human Rights Council documenting discriminatory laws and practices and acts of violence against LGBT individuals based on their sexual orientation and gender identity. The report called on all countries to decriminalize consensual same-sex relations and to ensure that individuals can exercise their rights to freedom of expression, association and peaceful assembly in safety and without discrimination.

At last year’s UN General Assembly High Level Meeting on AIDS, UN Member States committed to reviewing laws and policies that adversely affect the “successful, effective and equitable delivery of HIV services.” UNAIDS encourages all countries to translate this commitment into action to protect the human rights and health needs of LGBT people

source: UNAIDS

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[1] The acronym “LGBTI” is used as an umbrella short-hand for groups and/or individuals whose sexual orientation or gender identity differ from heterosexuality and who may be subject to discrimination, violence and other human rights violations on that basis. Information and data presented in this article may not apply equally to all the groups represented by this acronym.

Armenia answers to the Committee, avoids subject of LGBT

Geneva 17 July 2012.  The United Nations Human Rights Committee finalized the examination of the third periodic report of Armenia today, which took place on 16 and 17 July 2012.

In some areas of the dialogue between the Committee and the State delegation, the discussionwas progressive. In others, the Committee expressed concern about the lack of information provided by the State. The delegation was often pressed by the Committee for more specific, statistically based answers to some of its questions. When faced with inquiries regarding the March 2008 post-election violence in Armenia, the delegation offered little explanation as to the lack of investigation into, and criminal accountability for, the resulting deaths.

The Committee otherwise focused its attention on issues of gender-based violence, trafficking in human beings, prison conditions, corruption in the judiciary, and discrimination. One committee member challenged the State to “put its money where its mouth is, and provide necessary funding to combat gender-based violence”. The Committee took particular issue with the State’s attitude toward members of Armenia’s LGBT community. The Committee received information that a government official previously announced that LGBT individuals were “a threat to national security.” Explanations from the State regarding the measures currently undertaken to protect the human rights of these vulnerable individuals were noticeably sparse.

Having received information from independent sources regarding the objectivity of Armenia’s judiciary, the Committee confronted the delegation with allegations that the judiciary is dependent on the executive branch, and that judges tend to have a bias toward the prosecution. The Committee was deeply concerned about reports from NGOs stating that judges operate under the notion that justice is negotiable, and can be bought for the right price.

The Committee also reminded the delegation that it has been a party to the Optional Protocol for Individual Communications for twenty years. In that time, there has not been a single casesubmitted to the Committee by an individual victim of human rights violations. As such, the Committee questioned whether the State has actually made it known to the Armenian people that this important recourse is available to them.

Armenia was given forty-eight hours to address unanswered questions posed by the Committee –indicating that, after six hours of intensive dialogue, the Committee felt it needed more information from the State. Armenia must be forthcoming about the true state human rights in the country, and ensure the enactment and implementation of its pending human rights legislation and programming. These active measures are critical to demonstrating the State’scommitment to protecting the human rights of all Armenian people.

The Human Rights Committee will make its recommendations public at the end of its session, on 27 July 2012. The archived webcast of Armenia’s review can be seen at treatybodywebcast.org.For additional information on the review of the Armenia contact: Centre for Civil and Political Rights (CCPR): www.ccprcentre.org /

info@ccprcentre.org(Centre for Civil and Political Rights/Ashley Tucker)

XVIII International AIDS Conference

The International AIDS Conference is the premier gathering for those working in the field of HIV, as well as policy makers, persons living with HIV and other individuals committed to ending the pandemic. It is a chance to assess where we are, evaluate recent scientific developments and lessons learnt, and collectively chart a course forward. The 18th International AIDS conference theme is Rights Here, Right Now, emphasizing the central importance of protecting and promoting human rights as a prerequisite to a successful response to HIV.

About 25,000 researchers, policymakers, and activists are attending the six-day biennial International AIDS Conference, which begins on July 18 in Vienna. Speakers include former US president Bill Clinton and Microsoft founder and philanthropist Bill Gates.

The conference will focus in part on G8 countries' commitments to sustain the Global Fund to Fight AIDS, Tuberculosis, and Malaria. IAC is also expected to draw attention to human rights abuses in countries with laws that target and stigmatize persons living with HIV, as well as the dire situation in some parts of Eastern Europe and Central Asia, where the spread of HIV has been particularly rapid.

Saturday, before the conference was set to open, celebrities gathered for Vienna's annual AIDS dinner and Life Ball. Clinton was present, along with Hollywood actress Whoopi Goldberg, singer Patti Labelle and German tennis legend Boris Becker.

The AIDS 2010 programme will present new scientific knowledge and offer many opportunities for structured dialogue on the major issues facing the global response to HIV. A variety of session types – from abstract-driven presentations to symposia, bridging sessions and plenaries – will meet the needs of various participants. Other related activities, including the Global Village, satellite meetings, exhibitions and affiliated events, will contribute to an exceptional opportunity for professional development and networking. Following the success of the pilot programme at AIDS 2008, the 18th International AIDS Conference will provide or facilitate hubs (centres) where selected sessions of the conference will be screened, to increase the access to the conference programme.

UN Millennium Development Goals set 2010 as the target for universal treatment for HIV/AIDS by everyone who needs it, but that deadline has not been met.

Some 4.7 million people in the world received HIV treatment at the end of 2008, only 42 per cent of those who needed it, according to UNAIDS.

Worldwide, there were some 33.4 million people living with HIV in 2008. Sub-Saharan Africa, home to 67 per cent of all people with the AIDS virus, is the most affected region.

In Europe, Ukraine has the highest rate of HIV infection, at 1.6 per cent.

Activists say that governments are backtracking from funding for the treatment, both domestically and internationally.

"It seems that the political leadership is losing interest," said Julio Montaner, president of the International AIDS Society (IAS), the conference organizer.

Michel Sidibe, the head of the Joint United Nations Programme on HIV/AIDS (UNAIDS), said universal access was "a fight for human justice."

He urged a "prevention revolution" that would lead to development of a single pill for treatment of people infected with HIV, the virus that causes AIDS.

MSF@IAC2010 informs that after a decade of important progress on AIDS treatment in developing countries, donors are walking away from AIDS when 10 million people are still waiting for treatment.

MSF is speaking out to urge donors to reaffirm their promises now and provide timely treatment to all in need.