ensure the effective protection of the right to life of all persons under their jurisdiction and
to investigate promptly and thoroughly all killings, including those targeted at . . . human
rights defenders . . .[and] all killings committed for any discriminatory reason, including
sexual orientation . . . 25
This Resolution was followed by a more broad ranging statement on Human Rights, Sexual
Orientation and Gender Identity, issued in December 2008 by Argentina on behalf of 66
countries, which stated:
1 We reaffirm the principle of universality of human rights, as enshrined in the Universal
Declaration of Human Rights whose 60th anniversary is celebrated this year, Article 1 of
which proclaims that “all human beings are born free and equal in dignity and rights”;
2 We reaffirm that everyone is entitled to the enjoyment of human rights without
distinction of any kind, such as race, colour, sex, language, religion, political or other
opinion, national or social origin, property, birth or other status, as set out in Article 2 of
the Universal Declaration of Human Rights and Article 2 of the International Covenants
on Civil and Political, Economic, Social and Cultural Rights, as well as in article 26 of the
International Covenant on Civil and Political Rights;
3 We reaffirm the principle of non-discrimination, which requires that human rights apply
equally to every human being regardless of sexual orientation or gender identity;
4 We are deeply concerned by violations of human rights and fundamental freedoms
based on sexual orientation or gender identity;
5 We are also disturbed that violence, harassment, discrimination, exclusion,
stigmatisation and prejudice are directed against persons in all countries in the world
because of sexual orientation or gender identity, and that these practices undermine the
integrity and dignity of those subjected to these abuses;
6 We condemn the human rights violations based on sexual orientation or gender identity
wherever they occur, in particular the use of the death penalty on this ground,
extrajudicial, summary or arbitrary executions, the practice of torture and other cruel,
inhuman and degrading treatment or punishment, arbitrary arrest or detention and
26
deprivation of economic, social and cultural rights, including the right to health.
25 UNGA resolution A/63/430/Add.2 of 2008. The resolution on extrajudicial summary or arbitrary executions was adopted by a
recorded vote of 127 in favour to none against, with 58 abstentions. The votes in favour of the Resolution were: Afghanistan,
Albania, Algeria, Andorra, Angola, Antigua and Barbuda, Argentina, Armenia, Australia, Austria, Azerbaijan, Barbados, Belarus,
Belgium, Belize, Bhutan, Bolivia, Bosnia and Herzegovina, Botswana, Brazil, Bulgaria, Burundi, Cambodia, Cameroon, Canada,
Cape Verde, Chad, Chile, Colombia, Comoros, Congo, Costa Rica, Croatia, Cuba, Cyprus, Czech Republic, Denmark,
Dominica, Dominican Republic, Ecuador, El Salvador, Eritrea, Estonia, Ethiopia, Fiji, Finland, France, Gabon, Georgia,
Germany, Ghana, Greece, Grenada, Guatemala, Guinea, Guinea-Bissau, Guyana, Haiti, Honduras, Hungary, Iceland, India,
Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, Kyrgyzstan, Latvia, Lesotho, Liechtenstein, Lithuania, Luxembourg,
Maldives, Mali, Malta, Mauritania, Mauritius, Mexico, Micronesia (Federated States of), Monaco, Mongolia, Montenegro,
Morocco, Mozambique, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Panama, Papua New Guinea, Paraguay, Peru,
Philippines, Poland, Portugal, Republic of Korea, Republic of Moldova, Romania, Samoa, San Marino, Sao Tome and Principe,
Serbia, Singapore, Slovakia, Slovenia, Somalia, South Africa, Spain, Suriname, Sweden, Switzerland, Tajikistan, Thailand, The
former Yugoslav Republic of Macedonia, Timor-Leste, Togo, Tonga, Tunisia, Ukraine, United Kingdom, Uruguay, Uzbekistan,
Vanuatu, Venezuela. http://daccess-dds-ny.un.org/doc/UNDOC/GEN/N08/634/73/PDF/N0863473.pdf?OpenElement accessed
on 1 May 2010.
26 http://ilga.org/ilga/en/article/1211accessed on 15 May 2010. State signatories where: Albania, Andorra, Argentina, Armenia,
Australia, Austria, Belgium, Bolivia, Bosnia and Herzegovina, Brazil, Bulgaria, Canada, Cape Verde, Central African Republic,
Chile, Colombia, Croatia, Cuba, Cyprus, Czech Republic, Denmark, Ecuador, Estonia, Finland, France, Gabon, Georgia,
Germany, Greece, Guinea-Bissau, Hungary, Iceland, Ireland, Israel, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg,
Malta, Mauritius, Mexico, Montenegro, Nepal, Netherlands, New Zealand, Nicaragua, Norway, Paraguay, Poland, Portugal,
Romania, San Marino, Sao Tome and Principe, Serbia, Slovakia, Slovenia, Spain, Sweden, Switzerland, the former Yugoslav
Republic of Macedonia, Timor-Leste, United Kingdom, Uruguay, and Venezuela.
ACJ Report: Human Rights, Sexual Orientation and Gender Identity
14