BAL BHARATI PUBLIC

SCHOOL, DWARKA
INTER CLASS MODEL
UNITED NATIONS
CONFERENCE
COMMONWEALTH OF
NATIONS
AGENDA: LGBT RIGHTS
BACKGROUND GUIDE











Greetings delegates,
It gives me extreme honour and privilege to welcome you to the
fourth edition of the inter class BBPS model UN conference for
another round of wonderful debate and enthusiastic participation.
Our aim for holding this annual conference is to bring together the
bright minds of all the students so as to discuss and debate upon
the solutions for the current world issues. I hope that this
conference will provide the delegates an extremely educational,
inspiring and a fruitful experience.
MUN is an activity to bring out the leaders amongst all the students
and a forum for them to put forth their ideas and thoughts. Being a
part of this educational conference, you will not only increase your
knowledge in international relations and parliamentary procedure,
but will also learn the art of public speaking and presentation.
I hope that the Commonwealth of Nations turns out to an enthralling
committee with spectacular level of innovation in terms of solutions
as well as in terms of debate.
I look forward to a great level of participation and debate from all
the delegates and hope that this conference is a grand success. In
case of any difficulties, please feel free to contact us.
Good Luck,
Shaivya Paliwal (shaivyapaliwal@gmail.com)
Chairperson
Commonwealth of Nations









The Commonwealth of Nations

The Commonwealth is an intergovernmental organisation of 53
independent countries.
It is home to 2.2 billion citizens almost a third of the world
population and over 60% of these are under the age of 30. The
Commonwealth includes some of the worlds largest, smallest,
richest and poorest countries, spanning five regions. Thirty-one of
its members are small states, many of them island nations.
The Commonwealths guiding principles are in its charter.
Commonwealth policies are shaped by member countries, who
have an equal say on decisions affecting them. Commonwealth
organisations put these decisions and plans into action.
The Commonwealth is one of the worlds oldest political association
of states.
Its roots go back to the British Empire when some countries were
ruled directly or indirectly by Britain. Some of these countries
became self-governing while retaining Britains monarch as head of
state. They formed the British Commonwealth of Nations.













The Charter

We the people of the commonwealth
Recognising that in an era of changing economic circumstances
and uncertainty, new trade and economic patterns, unprecedented
threats to peace and security, and a surge in popular demands for
democracy, human rights and broadened economic opportunities,
the potential of and need for the commonwealth as a compelling
force for good and as an effective network for co-operation and for
promoting development has never been greater,
Recalling that the commonwealth is a voluntary association of
independent and equal sovereign states, each responsible for its
own policies, consulting and co-operating in the common interests
of our peoples and in the promotion of international understanding
and world peace, and influencing international society to the benefit
of all through the pursuit of common principles and values,
Affirming that the special strength of the commonwealth lies in
the combination of our diversity and our shared inheritance in
language, culture and the rule of law; and bound together by shared
history and tradition; by respect for all states and peoples; by
shared values and principles and by concern for the vulnerable,
Affirming that the commonwealth way is to seek consensus
through consultation and the sharing of experience, especially
through practical co-operation, and further affirming that the
commonwealth is uniquely placed to serve as a model and as a
catalyst for new forms of friendship and co-operation in the spirit of
the charter of the united nations,
Affirming the role of the commonwealth as a recognised
intergovernmental champion of small states, advocating for their
special needs; providing policy advice on political, economic and
social development issues; and delivering technical assistance,


Welcoming the valuable contribution of the network of the
many intergovernmental, parliamentary, professional and civil
society bodies which support the commonwealth and which
subscribe and adhere to its values and principles,
Affirming the validity of and our commitment to the values and
principles of the commonwealth as defined and strengthened over
the years including: the Singapore declaration of commonwealth
principles, the Harare commonwealth declaration, the Langkawi
declaration on the environment, the Millbrook action programme,
the Latimer house principles, the Aberdeen agenda, the Trinidad
and Tobago affirmation of commonwealth values and principles, the
Munyonyo statement on respect and understanding, the lake
Victoria commonwealth climate change action plan, the Perth
declaration on food security principles, and the commonwealth
declaration on investing in young people,
Affirming our core commonwealth principles of consensus and
common action, mutual respect, inclusiveness, transparency,
accountability, legitimacy, and responsiveness,
Reaffirming the core values and principles of the commonwealth as
declared by this charter:
1. Democracy
2. Human rights
3. International peace and security
4. Tolerance, respect and understanding
5. Freedom of expression
6. Separation of powers
7. Rule of law
8. Good governance
9. Sustainable development
10. Protecting the environment
11. Access to health, education, food and shelter
12. Gender equality
13. Importance of young people in the commonwealth
14. Recognition of the needs of small states
15. Recognition of the needs of vulnerable states
16. The role of civil society


We are committed to ensuring that the commonwealth is an
effective association, responsive to members needs, and capable
of addressing the significant global challenges of the future.
We aspire to a commonwealth that is a strong and respected voice
in the world, speaking out on major issues; that strengthens and
enlarges its networks; that has a global relevance and profile; and
that is devoted to improving the lives of all peoples of the
commonwealth.






















Introduction
The world today is teeming with debates surrounding government
rulings on LGBT rights. The past decade has recorded a
substantive rise in the number of people adhering to alternative
sexual preferences openly proclaiming their sexuality. Needless to
say this has triggered off vastly differing opinions and views. The
current statistics denote that 46 out of the 54 commonwealth
nations still criminalize the propaganda of non-traditional sexual
relationships. Legislations hostile to the LGBT community in
countries like India and Uganda has caused widespread disquiet
and uproar. So much so that the commonwealth has been deemed
bastion of global homophobia, often bucking the worldwide trend
towards sexual orientation equality, with increased state-sanctioned
threats and repression in Malawi, Gambia, Malaysia, Cameroon
and Nigeria. But what do these legislations really imply? Why are
such stringent legal provisions which apparently violate the freedom
of choice of many and fuel discrimination still withheld in so many
countries?

The issue of LGBT rights has been one of the key issues nowadays
since parts of the world are commonly perceived to be more
tolerant towards the idea of homosexuality, bisexuality and
transgender. While the foundation of human rights built upon The
Universal Declaration of Human Rights (UDHR), The International
Covenant on Civil and Political Rights (ICCPR) And the
International Covenant on Economic, Social and Cultural Rights
(ICESC) and even the Vienna Declaration and Programme of
Action (VDPA), neither of them directly addressed LGBT rights. In
this case, whether the LGBT right had been spoiled or not remained
debatable. Though, attempts have been made in order to tackle the
issue of the absence of the protection of LGBT rights (the
Yogyakarta principles) by the public or even by the unprecedented
resolution that directly tackled the rights of LGBT people, the
conservations on human rights and LGBT rights were still
considered to be unparalleled. In this way, we must focus on the
methodology of which to enhance the equality between human


rights and LGBT rights. The promotion of universal LGBT rights is
often considered to be quite problematic given the uniqueness and
difference between countries, ethnic groups, and religious groups or
even subjected to individuals cultural background. In the many
parts of the world, where societies are fuelled by the element of
democracy, different voices can be heard. In the UK, early action
can even be dated back to the 50s; the LGBT group gradually
gains respect nationally since then; even until now, thanks to the
recent passage of the marriage (same sex couple) act 2013 in the
parliament, same sex marriage is then allowed.
In 2007 alone, 1,265 LGBT-biased hate crimes were reported to the
FBI, which is a 6-percent increase from 2006.
Unfortunately, the situation prevailing in the largess of the
commonwealth countries is a rather miserable sight. Of the 53
member nations of the commonwealth, 41 continue to criminalise
consensual same-sex activities between adults. Over half the
countries in the world that criminalise homosexuality are in the
commonwealth. Across the commonwealth lesbian, gay, bisexual,
trans and intersex (LGBTI) people are denied equal access to
rights, education, employment, housing and healthcare. The new
Commonwealth Charter, formally adopted in March 2013, states
that: we are implacably opposed to all forms of discrimination,
whether rooted in gender, race, colour, creed, political belief or
other grounds. By refusing explicitly to reject discrimination against
LGBT people it let them down once again. Across the
commonwealth lesbian, gay, bisexual, transgender and intersex
people continue to be denied their human rights by the combined
forces of ignorance, misunderstanding and oppression. Too often
this occurs with the collusion of the very states that should be
protecting their rights as citizens. Across the commonwealth LGBT
people face criminalisation and social discrimination. They face
violence. They face eviction from their homes, dismissal from their
jobs and estrangement from their families. The penalties for private,
consensual sexual conduct between same sex adults can be harsh.
They include 10 years imprisonment and hard labour in Jamaica, 14
years in Kenya, 20 years plus flogging in Malaysia, and 25 years in
Trinidad and Tobago. Bangladesh, Barbados, Guyana, Pakistan,
sierra Leone, Tanzania and Uganda have a maximum sentence of


life imprisonment, while in the 12 northern states of Nigeria the
maximum penalty for male homosexuality is death. In some
countries, for example Cameroon, arrests and imprisonment for
acts that indicate homosexuality such as amorous texts or
appearing like a woman are frequently reported. In Uganda and
Nigeria recent legislative proposals would significantly increase.
Throughout its recent history, the commonwealth has repeatedly
committed itself to the values of equality, liberty and human dignity.
These values were at the heart of the 1971 Singapore declaration.
They were reiterated in the 1991 Harare declaration and expanded
upon to include a commitment to fundamental human rights,
including equal rights and opportunities.

International law is increasingly supportive of the rights of LGBTI
people. Laws that criminalise homosexuality violate fundamental
and universal rights contained in the universal declaration of human
rights and other key instruments such as the international covenant
of civil and political rights, which most commonwealth
Members have ratified. It is clear that the laws that criminalise
homosexuality, and the laws and practices that support
criminalisation, violate a raft of internationally recognised rights. In
particular, the rights to:
non-discrimination and equality before the law/equal protection of
the law;
privacy;
freedom from torture and inhuman and degrading treatment;
freedom of expression;
freedom of assembly and association;
Liberty and freedom from arbitrary arrest and detention;
life and dignity.
right to the highest attainable standard of physical and mental
health
The effects of criminalisation of LGBT citizens reach into every
aspect of their lives and have ramifications for the lives of their
families and for their communities. Even in countries where
criminalisation is rarely enforced, having legislation that brands
LGBT people as criminals stigmatises them as second class
citizens and signals that the state has singled out this group of
individuals as outcasts of society. These laws are often seen as
justification for discrimination, blackmail, harassment, extortion and


violent attacks on LGBT people and they create an atmosphere of
fear and intimidation. It has also become increasingly common for
states to deny human rights to those advocating for LGBT rights.

In terms of employment discrimination, the commonwealth states
perform poorly by global average standards. Currently, 52 states
worldwide provide protection against employment discrimination for
sexual orientation, but only 12 are in the commonwealth. With
respect to employment discrimination related to gender identity,
only two commonwealth states Australia and the united kingdom
offer protection compared to 19 states worldwide. Increasingly,
laws criminalizing homosexuality are used as a pretext to
Deny official registration or recognition to human rights defenders
and civil society advocating for LGBTI rights. As this report shows,
in many countries civil society organizations that advocate for the
rights of LGBTI people often have difficulty registering with their
governments.

Over 76 countries ban homosexual relations, in which 7 implement
the death penalty. These countries often endorse laws that
encourage the bullying, discrimination and physical abuse of LGBT
individuals
94 states have signed at least 1 LGBT right resolution; these
countries allegedly support LGBT rights
54 states have refused to sign any LGBT rights resolution; these
countries oppose
46 states have not officially opposed or accepted any LGBT rights
resolution; however, these states may have positive or negative
laws in regards to LGBTs.


ISSUES

Marriage Equality
The right of adults to enter into consensual marriage is enshrined in
international human rights standards.
Article 16, Universal Declaration of Human Rights (UDHR)
Men and women of full age, without any limitation due to race,
nationality or religion, have the right to marry and to found a family.


They are entitled to equal rights as to marriage, during marriage
and at its dissolution.
Civil marriage between individuals of the same-sex is therefore an
issue in which fundamental human rights are at stake. The denial of
equal civil recognition of same-sex relationships prevents many
people from accessing a range of other rights, such as rights to
housing and social security, and stigmatizes those relationships in
ways that can fuel discrimination and other human rights abuses
against people based on their sexual orientation or gender identity.

Human Rights Violation
Human rights abuses based on sexual orientation or gender can
include violation of the rights of the child; the infliction of torture and
cruel, inhuman and degrading treatment (Article 5); arbitrary
detention on grounds of identity or beliefs (Article 9); the restriction
of freedom of association (Article 20) and the denial of the basic
rights of due process.
Examples include:
Execution by the state
Denial of employment, housing or health services
Loss of custody of children
Denial of asylum
Rape and otherwise torture in detention
Threats for campaigning for LGBT human rights
Regular subjection to verbal abuse

Religion
Countries that are Anti-LGBT usually tend to be due to religious
reasons and usually use evidence from religious documents or
documents promoting freedom of religion. Many religions oppose
homosexuality, for they do not recognize homosexuals as natural
humans.

Homophobia and the Role of Media
Media is a powerful tool and the states have used it in the past for
various developments in the society, the committee can discuss the
role played by the media in glorifying or demonising LGBT
community.

Anti LGBT Legislations in various nations


Laws prevalent in many member nations are a violation of human
rights and prevent the LGBT community from basic rights such as
freedom of expression.

AREAS OF FOCUS

Promotion of acceptance and respect for the diversity of our
population
Reinforce of protective factors of social networks- social support
from parents and peers have protective effects, as well raise
awareness about the negative effects of homophobia through
campaigns,
More hotlines for consulting and psychologically supporting LGBT
on Hate crimes:
Increased awareness-raising and capacities to deal with LGBT-
phobic Hate Crime,
Efficient support to victims and improved mechanisms for
reporting LGBT-phobic hate crime,
Enhanced monitoring and reliable data collection on LGBT-phobic
hate crime,
Comprehensive prevention policies to combat and avoid LGBT-
Phobic hate crime,
Sustainable co-operation and dialogue between public authorities
and civil society.
On Hate Speech
Monitoring hate speech,
Passing new legislations in favour of same-sex Marriage,
Adopting national initiatives with results,
Creating a Regional Institution for the victims of Homophobia, with
psychological and physical aid.


Questions For Research

1) Are there any anti LGBT Legislations in your country?
2) Has your nation supported or signed any international
document regarding LGBTs?
3) What has your country done to support/condemn LGBT
rights?
4) How has this problem affected your country?


5) What major human rights documents regard this issue?

For Further Research
1. http://thecommonwealth.org/
2. http://www.amnesty.org.uk/issues/LGBTI-rights
3. http://www.amnesty.org/en/sexual-orientation-and-gender-
identity