By Julie Bolcer
Following weeks of intense lobbying by gay activists, member states of the United Nations voted Tuesday evening to restore "sexual orientation" to a resolution that condemns extrajudicial killings.
The assembly voted 93 in favor of the United States' proposal to restore the previous language, with 55 countries against and 27 abstaining. The assembly then approved the amended resolution with 122 in favor, zero votes against, and 59 abstentions.
The reference to sexual orientation has been included in the biennial resolution on extrajudicial, summary, and arbitrary killings since 1999. Last month, following the introduction of an amendment from Benin on behalf of the African countries at a meeting of the Third Committee, which deals with human rights issues, the language was deleted and replaced with a more general reference to “discriminatory reasons on any basis.” The committee, which includes all 192 member states of the United Nations, approved the amendment by a vote of 79-70, with 17 abstentions, and the resolution without specific reference to sexual orientation passed by a vote of 165-0, with 10 abstentions, including the United States.
Advocates urged member states to approve an amendment introduced by the United States to restore the reference to sexual orientation. The vote was initially scheduled for Monday but postponed for reasons that observers believe to be procedural.
“We’ve been working intensely with allies and partners to make sure that we win this vote,” Mark Kornblau, spokesman for the United States Mission to the United Nations, said before the vote.
In a speech on Human Rights Day less than two weeks ago, Susan E. Rice, the U.S. ambassador to the United Nations, said she was “incensed” about the vote in the Third Committee and vowed that the U.S. would work to restore the reference to sexual orientation in the resolution. Her remarks followed a speech by U.N. secretary-general Ban Ki-moon in which he spoke forcefully against the criminalization of homosexuality.
Representatives of lobbying groups describe a feverish effort that has targeted member states from a variety of regions believed to be reachable based on factors such as their past voting records.
“We have essentially a list of swing states,” said Jessica Stern, director of programs for IGLRHC, who mentioned outreach to about 20 governments from regions including the Caribbean, the Pacific Islands and Africa.
While impossible to measure, the impact of “don’t ask, don’t tell” repeal on the international lobbying effort cannot be discounted. Ambassador Rice denounced the military policy in the Human Rights Day speech where she pledged U.S. support for the restoration of sexual orientation to the resolution condemning extrajudicial killings.
“I think consistency on your human rights record affects everything,” said Stern.
Positive signs include the ability to secure the vote of Albania, according to Boris Dittrich, acting director of the LGBT rights program at Human Rights Watch, who described his group’s outlook as “quite hopeful.”
“If we will win the vote, it will really change the momentum at the UN in favor of LGBT rights,” he said, citing recent setbacks like the shelving of a report on sexuality and education from the Special Rapporteur on the right to education.
Lobbying groups describe a climate at the UN where steady overall progress on their issues generates pushback, which may explain the passage of the amendment to eliminate the reference to sexual orientation. Also, issues get caught in the broader geopolitical dynamics.
“LGBT rights are used as a political football at the domestic level,” said Stern. “It happens at the international level, too.”
Whatever the cause, the practical effect of a resolution on extrajudicial killings that eliminates the reference to sexual orientation could be life-threatening for activists on the ground. Although UN resolutions are not legally binding, they send a powerful message.
“What it says to the country is that the UN is not supportive of gay rights,” said Mugisha of Uganda, where the parliament is considering a bill authored by David Bahati that would impose the death penalty on gay people. “They use anything like this for their own advocacy. He can jump on that.”
Watch the webcast of the United Nations General Assembly vote below. The vote is expected to begin after 10:30 a.m. EST.
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