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106th CONGRESS
2d Session
H. CON. RES. 259
Expressing the concern of Congress regarding human rights violations
against lesbians, gay men, bisexuals, and transgendered individuals
around the world.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 1, 2000
Mr. Lantos (for himself, Mr. Abercrombie, Ms. Balwin, Mr. Campbell, Mr.
Condit, Mr. Conyers, Mr. Delahunt, Mr. Engel, Mr. Forbes, Mr. Frank of
Massachusetts, Mr. Gutierrez, Mr. Kolbe, Ms. Lee, Ms. Lofgren, Mrs.
Mink of Hawaii, Mrs. Morella, Mr. Nadler, Ms. Pelosi, Ms. Schakowsky,
Mrs. Tauscher, Mr. Waxman, Mr. Weiner, Ms. Woolsey, Mr. Kucinich, and
Mr. Pastor) submitted the following concurrent resolution; which was
referred to the Committee on International Relations
_______________________________________________________________________
CONCURRENT RESOLUTION
Expressing the concern of Congress regarding human rights violations
against lesbians, gay men, bisexuals, and transgendered individuals
around the world.
Whereas treaties, conventions, and declarations to which the United States are a
party address government obligations to combat human rights violations,
and the overall goals and standards of these treaties, conventions, and
declarations in promoting human rights of all individuals have been
found to be consistent with, and in support of, the aspirations of the
United States at home and globally, as well as consistent with the
Constitution of the United States;
Whereas articles 3 and 5 of the 1948 Universal Declaration of Human Rights,
articles 6 and 7 of the 1966 International Covenant on Civil and
Political Rights, and the 1984 Convention against Torture and Other
Cruel, Inhuman or Degrading Treatment or Punishment, guarantee all
individuals the right to life, liberty, and security of person, and
guarantee that no one shall be subjected to torture or to cruel,
inhuman, or degrading treatment or punishment;
Whereas the fundamental human right not to be arbitrarily deprived of life is
violated when those convicted of homosexual acts in Afghanistan are
sentenced to be executed and are crushed by having walls toppled over
them, and there remain a number of other countries around the world that
call for the possible execution of those convicted of homosexual acts,
including Saudi Arabia, Yemen, Kuwait, Mauritania, and Iran;
Whereas the fundamental right not to be subjected to torture or other cruel,
inhuman, or degrading treatment is violated when gay men, lesbians,
bisexuals and transgendered individuals are subjected to severe beatings
while in police custody in Turkey and Albania, and individuals in these
groups are also routinely the victims of human rights abuses, such as
extortion, entrapment, physical assaults, and rape, committed by the
police in Mexico, Argentina, and Russia, among other countries;
Whereas a number of lesbians, gay men, bisexuals, and transgendered individuals
are targeted and tortured or killed by paramilitary groups in Colombia
and El Salvador, which operate in collusion with the military, police,
and other government officials;
Whereas articles 2 and 7 of the Universal Declaration of Human Rights and
articles 2, 14, and 26 of the International Covenant on Civil and
Political Rights guarantee all individuals freedom from arbitrary
discrimination and equal protection before the law;
Whereas in many countries arbitrary detention or cruel, inhuman, or degrading
treatment or conditions in detention directly result from the
application of penal laws criminalizing same sex behavior between
consenting adults, such as a 5-year sentence for private same sex
behavior between consenting adults in Romania, and some of those
individuals who have been convicted in Romania report torture, including
rape, in prison, and all are unable to seek redress for abuses in
detention;
Whereas in Pakistan and Saudi Arabia the sentence for same sex behavior between
consenting adults includes ``flogging'' and in Singapore and Uganda the
sentence for same sex behavior between consenting adults can extend to
life in prison;
Whereas many governments, on the basis of vague laws, may target and persecute
lesbians, gay men, bisexuals, and transgendered individuals: in the
People's Republic of China individuals in these groups are imprisoned
under laws against ``hooliganism'', in Argentina, individuals in these
groups are imprisoned under the laws against ``vagrants and crooks'',
and the vagueness of these laws makes it difficult to monitor
governmental persecution;
Whereas articles 19 and 20 of the Universal Declaration of Human Rights and
articles 19 and 22 of the International Covenant on Civil and Political
Rights guarantee all individuals freedom of expression and freedom of
association;
Whereas the fundamental rights of freedom of expression and association are
violated when governments deny the right of lesbians, gay men,
bisexuals, and transgendered individuals to form organizations or
advocate for rights, such as in Zimbabwe where members of Gays and
Lesbians of Zimbabwe (GALZ) have been threatened and brutally assaulted;
Whereas in some countries agents of the government are directing or are
complicitous in abuses committed on the basis of sexual orientation and
gender identity and investigations and prosecution of those agents for
violations often do not occur;
Whereas due to failure by governments to investigate and prosecute human rights
violations based on sexual orientation and gender identity, private
individuals feel encouraged to violently attack lesbians, gay men,
bisexuals, and transgendered individuals with impunity, contributing to
the atmosphere of fear and intimidation;
Whereas lesbians and bisexual women who suffer human rights violations are often
abused because of their sexual orientation while their gender often
incites, compounds, and aggravates this abuse, and, moreover, since
their gender is not recognized as a factor, their abuse often goes
unrecorded;
Whereas violations of internationally recognized human rights norms are to be
considered crimes regardless of the status of the victims and are to be
punished without discrimination;
Whereas fundamental access to legal protection from violations of
internationally recognized human rights norms is often unavailable to
the victims;
Whereas lesbians and bisexual women face additional obstacles in these countries
when seeking assistance from police, judges, and other officials due to
pervasive gender bias;
Whereas the preceding clauses constitute only a few examples of the violations
suffered by lesbians, gay men, bisexuals and transgendered individuals,
the full range and extent of such violations are not known because
governments create an atmosphere of immunity for those perpetrating such
human rights violations and prevent victims from seeking effective
protection and just redress and thus their suffering remains
undocumented and unremedied; and
Whereas many nongovernmental human rights organizations, including Amnesty
International, Human Rights Watch, and the International Gay and Lesbian
Human Rights Commission, as well as the United States Department of
State and the United Nations, have documented, and are continuing to
document, the ongoing violations of the human rights of lesbians, gay
men, bisexuals, and transgendered individuals: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring),
That Congress--
(1) condemns all violations of internationally recognized
human rights norms based on the real or perceived sexual
orientation or gender identity of an individual, and commends
nongovernmental human rights organizations, including Amnesty
International, Human Rights Watch, and the International Gay
and Lesbian Human Rights Commission, as well as the United
States Department of State and the United Nations, for
documenting the ongoing abuse of human rights on the basis of
sexual orientation and gender identity; and
(2)(A) recognizes that human rights violations abroad based
on sexual orientation and gender identity should be equally
punished without discrimination and equally classified as
crimes, regardless of the status of the victims and that such
violations should be given the same consideration and concern
as human rights violations based on other grounds in the
formulation of policies to protect and promote human rights
globally; and
(B) further recognizes that the protection of sexual
orientation and gender identity is not a special category of
human rights, but it is fully embedded in the overall human
rights norms defined in international conventions.
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