[Congressional Record Volume 146, Number 26 (Thursday, March 9, 2000)]
[Extensions of Remarks]
[Pages E253-E254]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF H. CON. RES. 259--EXPRESSING THE CONCERN OF CONGRESS 
     REGARDING HUMAN RIGHTS VIOLATIONS BASED ON SEXUAL ORIENTATION

                                 ______
                                 

                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                        Wednesday, March 8, 2000

  Mr. LANTOS. Mr. Speaker, with the support of 30 of our colleagues--
including both Republicans and Democrats--I introduced House Concurrent 
Resolution 259, a bill decrying human rights violations based on sexual 
orientation and gender identity. I did this, Mr. Speaker, because I 
believe very strongly that we in the Congress must send a strong 
message that--no matter what any of our colleague's views may be on the 
question of the lifestyle of gays and lesbians--that gay, lesbian, 
bisexual and transgender people must be treated with dignity and 
respect, not with hatred and violence.
  All around the world, Mr. Speaker, unacceptable violations of human 
rights have taken place against individuals solely on the basis of 
their real or perceived sexual orientation. These ongoing persecutions 
against gay people include arbitrary arrests, rape, torture, 
imprisonment, extortion, and even execution.
  The scope of these humans rights violations is staggering, and for 
the victims there are few avenues for relief. Mr. Speaker, some states 
create an atmosphere of impunity for rapists and murderers by failing 
to prosecute or investigate violence targeted at individuals because of 
their sexual orientation. These abuses are not only sanctioned by some 
states, often, they are perpetrated by agents of the state.
  Mr. Speaker, in Afghanistan, men convicted of sodomy by Taliban 
Shari'a courts are placed next to standing walls by Taliban officials 
and subsequently executed as the walls are toppled upon them, and they 
are buried under the rubble. Police in countries such as Turkey, 
Albania, and Russia, among others, routinely commit human rights abuses 
such as extortion, entrapment, and even physical assaults.
  In Brazil, a lesbian couple was tortured and sexually assaulted by 
civil police. Despite the existence of a medical report and eye-witness 
testimony, their case remains unprosecuted. Many of us in the Congress 
protested when, in Zimbabwe, members of ``Gays and Lesbians of 
Zimbabwe'' were threatened and brutally assaulted for forming an 
organization to advocate for social and political rights. In Uganda, 
the president ordered police to arrest all homosexuals, and the 
punishment for conviction of homosexual activity is life in prison.
  Mr. Speaker, around the world, individuals are targeted and their 
basic human rights are denied because of their sexual orientation. The 
number and frequency of such grievous crimes against individuals cannot 
be ignored. Violence against individuals for their real, or perceived, 
sexual orientation violates the most basic human rights this Congress 
has worked to protect and defend.
  H. Con. Res. 259 puts the United States on record against such 
horrible human rights violations. As a civilized country, we must speak 
out against and condemn these crimes. Our resolution notes the violence 
against gay people in countries as wide ranging as Saudi Arabia, 
Mexico, China, El Salvador, and other countries. By calling attention 
to this unprovoked and indefensible violence, this resolution will 
broaden awareness of human rights violations based on sexual 
orientation.
  H. Con. Res. 259 reaffirms that human rights norms defined in 
international conventions include protection from violence and abuse on 
the basis of sexual identity, but it does not seek to establish a 
special category of human rights related to sexual orientation or 
gender identity. Furthermore it commends relevant governmental and non-
governmental organizations (such as Amnesty, Human Rights Watch, and 
the International Gay and Lesbian Human Rights Commission) for 
documenting the ongoing abuse of human rights on the basis of sexual 
orientation. Our resolution condemns all human rights violations based 
on sexual orientation and recognizes that such violations should be 
equally punished, without discrimination.
  This legislation is endorsed by a broad coalition of international 
human rights groups, gay rights groups, and faith-based organizations, 
among others. They include: Amnesty International, International Gay 
and Lesbian Human Rights Commission, Human Rights Watch, National Gay 
and Lesbian Taskforce, Human Rights Campaign, Log-Cabin Republicans, 
Liberty Education Fund, National Council of the Churches of Christ in 
the USA, Equal Partners in Faith, the United Church of Christ, the 
National Organization of Women (NOW), NOW Legal Defense and Education 
Fund, and the Anti-Defamation League.
  Mr. Speaker, the protection of gender identity is not a special right 
or privilege, but it should be fully acknowledged in international 
human rights norms. I ask that my colleagues join with me in 
wholeheartedly embracing and supporting basic human rights for all 
people, no matter what their sexual orientation might be. It is the 
only decent thing to do.
  Mr. Speaker, I ask that the text of H. Con. Res. 259 be included in 
the Record.

                    House Concurrent Resolution 259

       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,

[[Page E254]]

     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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