Noblesse oblige
Gelegenheid:Thank you for inviting me to address you briefly. I believe the invitation is due to our active policy on the rights of lesbians, gays, bi-sexuals and transgenders. Congratulations to Mozaika for bringing together so many people, from Latvia and the other Baltic states, on a human rights subject that, in many places, is still taboo, controversial, sometimes confrontational. I will make 5 points.
Point nr 1:
How can intimate relations between consenting adult human beings be a crime ? Yet, homosexuality is a criminal offense in 86 countries. In some cases (like Iran, Yemen) it may even lead to the death penalty and to execution. Horrific. Criminalization of LGBT goes completely against basic international human rights standards: the universality of human rights (that is: human rights for everyone, everywhere, at all times), human dignity, the right to privacy, non-discrimination. Especially in these 86 countries LGBT persons are extremely susceptible to and unprotected against severe human rights violations, including arbitrary arrests and torture. We should step up our fight against criminalization of LGBT.
Point nr 2:
Criminalization is not the only issue. In many countries it is mostly about agression, intimidation, homophobia, lack of social acceptance, discrimination. Even in countries where discrimination against LGBT is prohibited by the law, civil, political, social, economic and cultural rights are often not assured. LGBT persons face major obstacles in their daily lifes. Sometimes local authorities disregard LGBT’s freedom of expression or freedom of peaceful assembly. See what is happening in Moscow. And possibily here in Riga. There are cases of misbehaviour by police. There are cases of physical or psychological agression by hostile groups and individuals. That should be adressed more forcefully, at national and international level.
Point nr 3 and related to the previous point:
I believe that respect for human rights of LGBT persons requires an active, consistent, determined policy of the authorities, both at the level of central government and at the level of local government, as well as by other state institutions. A policy that promotes and embraces tolerance, diversity, inclusiveness. Governments and politicians bear a heavy responsibility to protect their people. This is not about promoting a lifestyle, it is about promoting respect for fundamental human rights.
It is no different in the Netherlands. Fortunately, the Dutch government is committed. And so are many Dutch cities (like Amsterdam, represented here today). For one, we have an active minister for Education, Culture and Science, who has domestic LGBT rights in his portfolio. He presented an LGBT policy document for the period 2008-2011. I believe that there is a growing acceptance in the Netherlands, but it doesn’t come automatically; and there are still – too many – incidents. Coming Sunday, the minister will present an award to a Dutch citizen who actively contributed to the emancipation of LGBT.
Protection of human rights for LGBT has also become a priority in our foreign human rights policy. Today, our minister of Foreign Affairs participates in a meeting on LGBT rights in The Hague. We substantially stepped up bilateral support through our embassies, for instance to non-governmental organizations that fight LGBT- discrimination. Including in Latvia and Lithuania. And whenever needed, we will discuss LGBT rights in our bilateral dialogues on human rights.
Together with France, our Foreign minister initiated a meeting at the United Nations in New York in December 2008, where 66 countries – from all regions – signed a declaration on “human rights, sexual orientation and non-discrimination”. Focusing on de-criminalization and on non-discrimination. The new American administration recently signed up. This declaration represents a substantial, maybe eventually historic, first step to protect basic human rights of the 5 – 10 percent of the world population that is LGBT. After so many years of neglect and denial. Today, there is an international meeting in Paris, co-chaired by our state secretary for European Affairs, to discuss follow-up to the declaration. More signatures? Maybe a resolution in the General Assembly? It will require intensive efforts, as was shown by the counter-declaration in New York, initiated by Egypt, signed by 57 countries, and support by the OIC and the Vatican.
A well-thought through, realistic, step-by-step approach, combined with an intensive lobbying effort, seems to be the wisest course of action. Eventually resulting in an instrument that human rights organizations and others can use worldwide. In our lobby we should make explicit that prohibiting discrimination on the basis of sexual orientation is no different than prohibiting discrimination on the basis of colour, religion, national origin and the like.
Point nr 4:
The role of non-governmental organizations (LGBT-specific or more general) and the need for likeminded governments and ngo’s to join efforts are key. At home and abroad. In the Netherlands this cooperative effort is slowly but surely taking shape. Our Foreign Ministry supports activities abroad of the LGBT organization COC and has succesfully fought to ensure COC’s accreditation with the UN’s Economic and Social Council. At home, government and ngo’s undertake efforts to make LGBT an issue that can be discussed at schools and within ethnic or religious minorities. The Dutch gay pride is attended by politicians, officials and ngo’s alike.
My last point, point nr 5:
All countries present here are members of the European Union, a community of common values. The Czech Presidency of the EU will issue this Sunday – the day against homophobia – a statement reaffirming the principle of non-discrimination, which requires that human rights apply equally to every human being regardless of sexual orientation and gender identity; condemning any manifestation of homophobia as this is a blatant violation of human dignity and incompatible with the basic principles on which the EU is founded; and confirming the right to peaceful assembly. As members of the Union we all have to honour these commitments. Noblesse oblige.
With that in mind, it is only natural that we are concerned by the developments around the Baltic pride event over the past few days. Even while the City Council’s decision to prohibit the event is a domestic affair, it would in my view contradict our joint EU commitments and international human rights agreements, could affect Latvia’s reputation, and could also risk to weaken the EU’s position in raising LGBT rights elsewhere. I realize that the decision is in the hands of the court today. I hope for a positive outcome.