Decriminalizing Homosexuality in Solidarity w/ LGBTQ People

December 18, 2019 - The United Nations, NYC

The United States Mission to the United Nations in NY organized the first US-sponsored LGBTI side event at the UN on Wednesday 18 December 2019. This first stand alone UN meeting on the decriminalization of homosexuality was hosted by US Permanent Representative Ambassador Kelly Craft, also then President of the UN Security Council, and featured panelists Mr. Robert Destro (Assistant Secretary of State for Democracy, Human Rights and Labor), Honorable Maite D. Oronoz-Rodríguez (Chief Justice of Puerto Rico Supreme Court), Reverend Johnnie Moore (Commissioner for the United States Commission for International Religious Freedom), Mr. Stuart Milk (Co-Founder and President of the Harvey Milk Foundation) and Mr. Hadi Damien (Initiator of Beirut Pride). The round table was moderated by Ambassador Richard Grenell. (Read the USUN media note)

In the first half of the session, Ambassador Craft welcomed Ambassador Grenell and the panelists, recognized members of the UN LGBT core group in attendance, including its co-chairs, the permanent representatives of Argentina and The Netherlands. After the introductory remarks, the panelists shared suggestions about the US contribution to the decriminalization, then 16 countries and organizations shared their comments in the second half of the session.

Opening Remarks

Kelly Craft — Leaders have a unique ability to draw attention to places and issues where individuals face unjust threats and physical punishment. We’re here today because individuals around the world have faced and continue to face punishment and even death, specifically because of their sexual orientation. This is a wrong we should seek to ride, and it is a wrong I am personally committed to helping confront.
The United States stands firmly against all forms of state-sponsored violence. Through today’s event, we especially want to emphasis our nation’s commitment to the principle that all governments must respect the equality and human dignity of each person under their jurisdiction, regardless of their sexual orientation. So allow me to be clear: no person should be harmed, tortured or killed because of their sexual orientation. Unfortunately, at least 69 countries around the world criminalize same-sex sexual activity between consenting adults.
When we fail to speak and defend these individuals, I answer that we cannot and we will not. As President Trump stated during his remarks before the General Assembly in September “As we defend American values, we affirm the right of all people to live in dignity”, that’s why the Trump Administration is working with other nations to stop the criminalization of homosexuality.
As we undertake efforts for the decriminalization of homosexuality, we will continue to recognize, in words and in deeds, that the work LGBTQ human right defenders are doing to oppose criminalization can put them in great personal danger. And aligned with the principles of “do no harm” and “do nothing about them without them”, the U.S. takes seriously recommendations from local LGBTQ civil society organizations, and seeks to partner with them for the decriminalization efforts.
Through today’s panel and discussion, we hope to share best practices and discuss what more we can do to advance the decriminalization process, and further our understanding of why this is such an important issue.
So thank you again for being here, and we are looking forward to a very robust, honest and informative conversation.

Richard Grenell — I would like to recognize the longstanding efforts and energy of Ambassador Craft, and thank the panelists for their encouragement and expertise.
I would also like to read the list of the 69 countries that criminalize homosexuality, to call them out, so they feel the pressure of the group and understand that you cannot put someone in jail or kill someone simply for being gay. It is wrong, it is against UN principles and it should be called out in this institution on a daily basis: Antigua & Barbuda, Barbados, Dominica, Grenada, Guyana, Jamaica, St Kitts & Nevis, St Lucia, St Vincent & the Grenadines, Algeria, Burundi, Cameroon, Chad, Comoros, Egypt, Eritrea, Eswatini, Ethiopia, Gambia, Ghana, Guinea, Kenya, Liberia, Libya, Malawi, Mauritania, Mauritius, Morocco, Namibia, Nigeria, Senegal, Sierra Leone, Somalia, South Sudan, Sudan, Tanzania, Togo, Tunisia, Uganda, Zambia, Zimbabwe, Afghanistan, Bangladesh, Bhutan, Brunei, Irak, Iran, Kuwait, Lebanon, Malaysia, Maldives, Myanmar, Oman, Pakistan, Qatar, Saudi Arabia, Singapore, Sri Lanka, Syria, Turkmenistan, United Arab Emirates, Uzbekistan, Yemen, Kirbati, Papua New Guinea, Samoa, Solomon Islands, Tonga, Tuvalu.
We have a lot of work to do and this is just the beginning. 69 countries mean 69 different strategies and plans of action.
Thanks for being here and committing to the fact that we must make the world a better place. Making sure that LGBTQ folks are able to live, not arrested or killed and put in prison is really a minimum.

Robert Destro — I would like to thank the Ambassadors for the meeting and President Trump for his leadership and clarity on the issue. It gives us a very clear focus, especially for those like me, in charge of implementing policies. It actually gives me something which I actually can measure to do.
The reason we’re here tonight is that we are all created equal, and there is no justification, whether in law or anything else, to discriminate against our fellow human beings. We firmly oppose criminalization, violence and abuse against LGBTI persons, and my bureau will, certainly under my leadership, continue to work on this and use private and public diplomacy tools to go after this issue.
With 69 countries criminalizing homosexual activity and status, 9 of which with death, there should be 69 different strategies, because there is no one size for all. Starting with the easier ones, versus the most difficult ones, we engage with our partners, including the global equality coalition. We understand that some people might get hurt, and we will provide emergency assistance to get targeted people out of the way. We would like to have good, solid, personal relationships with people, in all groups, and we ask you to introduce us to like-minded politicians and leaders in your countries because this is not done by force majeure, or by force, or by jaw-bonding people, but through very very quiet, personal relationship building.

Maite Oronoz-Rodríguez — Unlike Hadi and Stuart, I have not been an active participant in decriminalizing homosexuality. When Ambassador Grenell mentioned to me two months ago that Puerto Rico was a safe haven for gay people, it took me a moment for it to sink in. I never thought of Puerto Rico as a more liberal place than most countries in the Caribbean. We are blessed with our political system, and I understand I have a great responsibility as an openly gay Chief Justice in the United States. With good power and leadership comes a great responsibility, and it’s my duty now to open doors and to help in any way that we can to bring these countries together.

Hadi Damien — I was wondering a few years ago why several countries move forward and things stall in my home country. I met with local activists who’ve been around for a while and who’ve contributed to improvements that make today initiatives such as Beirut Pride possible despite all the challenges and the problems we face. We realized that to move forward we needed strategy, unity and non violence, but also, to understand who the people in power are, as it is with these people that we must work, because homophobia is rooted in misunderstanding and miscomprehension of LGBTIQ+ realities.
I come from a country that criminalizes homosexuality, and in my practice of political communication (both professional and academic), I speak to Members of Parliament and ministers. When we get to LGBTIQ+ realities, they are surprised, mostly shocked. They are misinformed and their perception of who we are and what we do is different from what it really is. It’s something to speak about the criminalization of homosexuality, and something else to engage with people who undergo aggressions and violations. Change happens through personal stories; it happens in the heart and in the spirit of people.
Last February, when the media broke the story about the current U.S. Administration global effort for the decriminalization of homosexuality, the social media outlets of Beirut Pride went crazy. The persons who follow Beirut Pride are young, and for a lot of them, this was good news. However, we are aware of how politics play, how polarizing things have been. I reached out to the office of Ambassador Grenell, and this paved the way to our continuously open and honest conversations.
We ask today what countries like the U.S. can do, how we can navigate our politics and call upon organizations and institutions such as the UN, the Vatican, the Arab League, the EU to come together, in concert, and contribute with local people to the decriminalization of the LGBTI status. It is both a global strategy and a strategy by country, sometimes even multiple sub-country strategies.
I conclude by acknowledging the attendance, today, of permanent representatives of countries that criminalize homosexuality. I particularly think of the Ambassador to Lebanon. To my knowledge, this is the first time an Ambassador of Lebanon attends, in their official capacity, a panel about homosexuality, even more, one that also speaks about Lebanon and features a panelist from Lebanon. Today is also the International Day of the Arabic language - a coincidence for better times to come? Thank you.

Johnny Moore — I’m a commissioner on the US commission for international religious freedom, a bipartisan commission of nine people, half republicans and half democrats - I was appointed by the president of the US. I am an evangelical christian and my faith is profoundly important to me.
There exists an incredible correlation between countries that are the worst violators of religious freedom and countries that criminalize homosexuality. The most severe violators of religious freedom that heavily persecute the minorities are also countries that still imprison, torture and have execution in their laws.
The religious freedom community is an unbelievable ally when it comes to this focused and determined effort of decriminalization. We are fostering an alliance around an area of profound agreement, and religious leaders have a monumental role to play. My theology tells me something about human dignity and about personal liberty, without endorsing theocracy. Every religious leader in every criminalizing country must stand up and say that laws that criminalize LGBT status are in defiance of the human dignity of the individual. This is a historic effort within the UN and for the USA.

Stuart Milk — Societal rejection is profound in places where LGBT is illegal, and the two go hand in hand. Societal nonacceptance is much greater in places where laws criminalize LGBT status compared to places where similar laws do not exist.
When Harvey Milk began running for public office in California 1972, it was also illegal to be LGBT, and Harvey called for people to be visible. He was forced to resign from the navy for being LGBT (honorable discharge), and this institution has now realized its flawed policy, has welcomed LGBT people who wish to serve, and is currently celebrating this gay man it forced to resign with a US Navy ship named after him, Harvey Milk. The command vessel will travel in the Pacific and in the Atlantic and will visit countries where it’s illegal to be LGBT, to talk, all over the world, about who it is named after.
The naming ceremony was welcomed by thousands of emails from across the world, and a 14 year-old man wrote us “my existence is illegal and I am sitting now in the port of Kuwait. I had planned my suicide because I didn’t want my parents to have to do an honor killing. I have now put that aside because I’m waiting for the Harvey Milk ship to arrive. That has given me hope”.
“Hope is never silent” — Harvey Milk has famously said. Step up to the plate like Ambassador Grenell and Craft, don’t be silent, especially when you represent States where homosexuality is still criminalized. Some Prime ministers have told me “we don’t enforce the law”, but that’s not enough because having a law that criminalizes LGBT for who they are shouldn’t exist today. I’m looking forward to working together, so in organized fashion and with cultural diversity we can have these laws come down.

Western/Local

Richard Grenell — We debate if it is good or bad to have a western voice involved in the decriminalization effort. We debate if we should push, use our money and leverage, help organize local activists, or if this would be viewed as outside forces bringing their values into another country, and therefore it is better the local community do it on their own without these outside voices. What do you think?

Stuart Milk — I want to challenge the notion of this being a western issue. When we look into indigenous cultures, the third gender in India for example, the two-spirit indigenous culture in the Americas, when we look into ancient history, literature, art, we understand it is not about a western notion of the acceptance of people who have a different sexuality that the majority. History is rich and shows how people were celebrated, accepted, where diversity was seen as a plus.

Johnny Moore — We’re talking about criminalization, where a life is on the line. We don’t have the luxury of time and we have to speak now. When you tap into local history, local theology, local culture, you find solutions, and these solutions exist and they have been tested. So it is not an accusation of a western or a colonial or an imperialist export.

Hadi Damien — This is a global effort that can only be led by the countries where homosexuality is still criminalized. Countries such as the U.S. are facilitators, which means they work with local groups to secure technical support and access.
Countries wishing to be part of this global effort and to work with politicians on the decriminalization of homosexuality must lead by example, embrace human rights at large, have domestic policies for the protection and respect of LGBT people, recognize LGBT events and occasions, fund HIV/AIDS research, promote and appoint people who have implemented LGBT-friendly measures, empower their LGBT officials, LGBT members of parliament, LGBT judges, LGBT law enforcement officers, and so on.
We must recognize that as we travel the world, one cannot become a criminal when simply crossing borders. Criminalizing LGBT people is equating us with murderers, rapists and robbers who cause harm, commit aggressions and take people’s lives.
The U.S. shall use its political capital to engage institutions such as the UN, the EU, the Vatican, the Arab League and other institutions in this global effort.

Maite Oronoz-Rodríguez — This is a human rights issue that concerns us all. We have to use the U.S. voice and the local voices to produce visibility and to work with the other countries to adapt the conversation to the different localities.

Robert Destro — The question is how to lead effectively. Unless the leadership is domestic, then we’re not really fostering democracy. The U.S. can engage in sharing technical expertise. How you lead is a sophisticated diplomatic problem. We fail profoundly when people think that the decriminalization is an American issue. It has to be a domestic issue that comes from within local cultures and traditions, be it the Islamic tradition, the Judeo-Christian, the Hindu, etc. We have to be exclusively sensitive to the dynamic in each country. This is not being cowardly but being strategic and respectful of each country’s unique culture, language, history, religion. Unless they own it, we cannot get rid of this.

Kelly Craft — This is not a western issue. This is all our issue. We’re all responsible. And as a mother, this starts at home. Tolerance starts at home. Listening to your children, without showing them any surprise element, listening to them, accepting them, it starts at home because they go out and they accept people.
We don’t impose the culture of the U.S. or the culture of the Netherlands or whatever other country on anyone else. We look for leaders within that country’s culture to be the spokesperson. It needs to be someone empathetic and someone who believes in the freedom of your country.
Hadi, you are an individual that I see everyday whether be in Iran, Irak, Syria, Yemen, Lebanon, where the youth are trying to have a voice and they’re really not allowed a voice, and you are a prime example of when you articulate yourself in a manner that is not aggressive and or negative, then you are heard, and I think you really stand for all the youth in all the countries that we discuss everyday in the Security Council, of the youth that are now being punished by governments for whatever freedom of their voice and for what they want to say to the world.
Johnny, we all could take a lesson from you, and that is to be looking at someone from where they are walking.

Comments

Richard Grenell — Thank you Kelly for organizing this because I think the UN should be the place where we can come together and hold each other accountable and move along. Thank you all for being here. Can we start with Argentina?

Argentina — Co-chairs the UN core group on LGBTI with the Netherlands. Open, respectful and constructive dialogue and cooperation with all the member states and stakeholders in order to seek common grounds and one basic common understanding is that we cannot accept any exception when it comes to the respect for human rights of all people. The activities of the UN core group on LGBTI extend to hate speech against LGBTI people, arrests, etc. The membership of the core group has considerably grown, and the group wishes to engage with countries that have experienced progress at a national level such as India and Botswana. We need more ally to share good practices. We do not only focus on the penal code but consider other regulations that prevent LGBTI people from exercising their most basic human and civil rights. Protecting LGBTI people from violence and discrimination does not require the creation of a new set of LGBTI specific rights or new international human rights status. The legal obligations of States to safeguard the human rights of LGBTI people are well established in international human rights law on the basis of the Universal Declaration of Human Rights and international human rights treatises.

The Netherlands — Co-chairs the UN core group on LGBTI with Argentina. LGBTI rights are human rights and human rights are LGBTI rights. Some laws are misused to target LGBTI people based on behavior, expression and practice, which puts them in high risk of violence, bullying and (employment) discrimination. Decriminalize personal life of all sexual minorities such as intersex and trans*. A solution to the western question of Ambassador Grenell would be to match every western voice with a non-western voice so we have balance and convince people it’s a global matter and is not western-based. Decriminalization is a process so it goes step by step. We don’t believe sanctions work. Dialogue does work with convincing arguments and by practicing what we preach. Simple steps also make a difference such as holding periodic meetings and events (embassies can also do this). The government has no role to play in the bedroom of consenting adults. The police has better things to do in any society than monitoring the sex life of adult people. The court should not punish people for their sexuality.

Albania — People continue suffer from hatred, discrimination and violations against LGBT. We need to build partnerships and collaborations with our allies. The decriminalization of homosexuality is not only about the fulfillment of the human rights of a specific community, but it is to build a just, inclusive, open society. Discriminating against people just because of who they are is always wrong, as simple as this. No need to dwell on complicated legal dissertations about the definition of sexual orientation and gender identity to understand it is an issue of human dignity. It is a basic straightforward principle.

Switzerland — The criminalization of homosexuality is an urgent task: roughly the third of the UN membership criminalizes homosexuality. The discrimination of LGBTI people is happening in an environment where the public space is becoming a harsher place everyday, mostly due to the people operating the media and the social platforms, bullying and belittling others. The Swiss Parliament passed a law criminalizing hate speech that incites to discrimination and to violence. We need to respect local movements - we had a meeting last week with young LGBTI human rights defenders, their stories are impressive and they need our support.

Outright International — Violence hits difference, independently of how we identify. The Trans* conversation must be part in the decriminalization effort. There are no good countries or bad counties, but 193 countries where we are all doing our best. Local ownership is a component of democracy.

Heritage Foundation — President Trump made several statements at the UN in support of national sovereignty, and some countries here likely see this push by the U.S. to get them to change their domestic laws governing homosexual conduct as an infringement on their sovereignty, particularly when it comes to sensitive religious and cultural issues. Would you please speak to that concern and would you also comment on why the US is not calling on other countries to change their domestic laws to protect unborn lives?

Human Rights Watch — We welcome any event that highlights human rights challenges and the difficulties LGBT people face in the world today, including discrimination and criminalization. We raise concerns about signals the current U.S. Administration is sending to the world by backtracking on some of the progress made and attempting to remove protections against discrimination against LGBTI people in the U.S. What assurances can you give us that this reversal will end and the U.S. will rejoin the vanguard of countries pushing forward for the anti-LGBT discrimination at home and around the world?

International Service for Human Rights — We are dedicated to the protection of human rights defender. What is being done or planned to be done to engage the grassroots human rights defenders of LGBTI rights in countries where there is criminalization? How are we gonna show that it is the communities that are leading and making key decisions in efforts towards decriminalization? This is a global fight in all countries that goes beyond decriminalization and extend to policies such as health, access to housing, judiciary and the police.

Canada — Understanding starts at home but also at school. We have to be firm but also understanding. It is not only about the legal framework in which rights are exercised, but also about the cultural and social fabric.

Australia — Without decriminalization it is very difficult to achieve any further progress on the path towards full equality. Laws reflect social norms, but also reinforce them in a very powerful way, and nothing gives license for discrimination and violence more than saying something is a crime.

Kelly Craft — The President and the Vice President protect the lives of unborn children, and the presence of Rob Destro with us signals their belief in protecting the human rights of everyone. Ambassador Craft also asks to be invited to attend the UN LGBT core group meetings.

The European Union — We should place LGBTI rights as part of the broader, progressive, comprehensive human rights agenda. We can’t isolate, dissociate them from the rest. For our credibility, it’s important we be coherent in defending all human rights with all their ramifications. As tolerance and acceptance are also a matter of education, we need to accompany legislative matters with (comprehensive sexual) education (for example) so people understand the reality they face and fully accept it. I also support that while decriminalization is the most urgent matter to address, it is part of a process that should lead to true equality in society and before the law everywhere. That’s why every country in the EU has received an equal treatment directive that, when finalized, will improve considerably the legal protection against discrimination for LGBTI people. It is important to partner with authoritative voices in order to make our message more credible and to reach a part of society that may have more reticence about the topic, especially when often religious leaders play a negative role.

Richard Grenell — Thank you everyone for coming, our panelists have taken notes for their replies. When the President and the VP decided to move this initiative forward, our discussions were very clear: this is a decriminalization of homosexuality in 69 countries effort, which means 69 different plans. This is something that unites everybody: you get the religious community involved, you get right, left and center involved. I appreciate some of the questions and criticism we got here. I served at the UN for 8 years, and I could tell you when you try to do too much you do absolutely nothing. It is a talk fest that never ends. So what we’re trying to do is unite around something that is absolutely a uniting issue, which is the decriminalization of homosexuality. I want to work very hard to make sure that we define this first step as something we all move forward together on and that we cannot tear each other apart. There are many issues to be done in addition. I welcome your leadership on steps 2 to 100, but what we’re tying to do first is move together and be as united as possible on step 1, which is the decriminalization of homosexuality. It’s something that unites us, let’s not tear us apart on this. Thank you very much.

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Disclaimer: This document memorializes the panel conversation in written form. While it is believed to be accurate, it does not constitute a legal verbatim of the discussion. Should any inaccuracies or omissions be found, please write us for correction.