This is my final UV column since I will be graduating law school in a few short months. Since many of my friends have asked me why I am going/went to Geneva, I decided to dedicate my last column to my experiences in Geneva. It was truly an amazing experience and I encourage all 1Ls and 2Ls to consider getting involved with the International Human Rights Program (IHRP) in order to get a real look into what it takes to be a human rights activist.
My trip to Geneva was sponsored by the IHRP and I went as part of the Envisioning Global LGBT Rights project, with LLM student Zahra Ahmed. Together, we attended a historic panel at the United Nations Human Rights Council on discrimination and violence based on sexual orientation and gender identity. The panel was historic because it happened. For the first time, there was a discussion on Lesbian, Gay, Bisexual, Transgendered (LGBT) rights during open session at the UN and all states were required to attend. The speakers at the panel sent a very clear message: human rights are universal and they apply to all people, including LGBT people.
While we often take LGBT rights for granted in Canada, many LGBT people abroad face a completely different reality. Homosexuality remains criminalized in over 70 countries and LGBT people all over the world routinely face violence and discrimination. This UN panel was an important step in ending criminalization, violence, and discrimination.
Unfortunately, the battle for the protection of LGBT human rights is nowhere near over. Many states remain hostile towards the recognition of LGBT rights and are in denial about the plight of LGBT people. For instance, Nigeria at the session claimed that there is no violence against any Nigerians on the basis of their sexual orientation or gender identity. Other states left the session after delivering a two minute submissions rejecting the universality of human rights. Other states simply did not show up to the panel in the first place.
Despite these hostile positions, the ability of states to justify denying LGBT people their human rights is slowly evaporating. The panel made it very clear that 1) International law clearly affirms LGBT rights, 2) the Human Rights Council will engage on this issue, and 3) Countries around the world are becoming more vocal in support of LGBT human rights.
And while LGBT activists are successfully achieving progress at the international level, they know that this is not sufficient for change on the ground. Many of the LGBT activists that advocated for this very panel were unsure how this panel will translate into real change in their countries. Though the true impact of the panel is uncertain, international progress is important to legitimize the fight of LGBT activists and to provide legal ammunition for progressive judges. Some UN officials indicated to me that they believe the judiciary will drive a large part of the reform and they see their role as providing these judges with hard law they can cite in their decision.
Going to Geneva, witnessing the build-up and the aftermath of the panel was an incredible experience, especially from a learning perspective. I had the opportunity to get a real inside look at how human rights activism works at the UN. What I saw taught me that it truly is all about politics. I watched as NGO activists chatted up state delegations and UN officials. I also witnessed the internal politics of NGOs themselves. For instance, the coalition of NGOs advocating for LGBT rights debated among themselves for hours as to which NGO statements would be read out at the UN session.
The experience was also amazing because I was able to meet some incredible LGBT rights activists from countries such as Uganda, South Africa, Suriname, etc. The activists I met were brave, strong, determined and most importantly patient. Some of the activists had waited almost 8 years for this panel to happen. They were returning to hostile climates where their own safety was in danger.
For instance, I met a Ugandan who advocates for LGBT rights in a country that is considering imposing the death penalty on homosexuals. He told me he loved his country, yet simultaneously has never been able to fully breathe when he walks down the street out of fear.
In Geneva, I learned a lot more than I ultimately gave back. The experience was invaluable and I am grateful to the IHRP for supporting me in this trip. I hope that I somehow shined a light on this issue.
I hope that you have enjoyed my columns throughout the year. Thanks for listening to my rants and musings. Good luck with exams and I hope a feisty new columnist will replace me next year.
