The Case of Brazil

Chairing International Conferences 2016
Student’s Manual
Session VI
Discussion Group Exercise
Draft resolution on sexual orientation and human rights

before the 59 Session of the Commission on Human Rights
Background (full text of the resolution will be in the second page)
At the 59th session of the CHR (2003), the Brazilian delegation introduced a “Proposal for a Resolution on
Human Rights and Sexual Orientation”. In fact, it recognises the rights of the human being in regards to
their sexual orientation, because it is considered that human rights and fundamental freedom were the
right when people born. The resolution also call upon all States to promote and protect the human rights
of all persons regardless of their sexual orientation. For several years, Brazil has been trying to include
language on sexual orientation and human rights in the context of the UN. For example, in 2000, 2002 and
2003, the CHR debated including language on sexuality in the resolution on Extra-judicial, arbitrary and
summary executions. Finally, after heated debate, the resolutions were approved with the language on
sexual orientation and the rights of sexual minorities intact. It is a resolution, proposing a point in principle
without calling on governments to take any specific action.
The Vatican, Zimbabwe, Pakistan (leading the Organization of Islamic Conference or OIC), Malaysia,
Saudi Arabia, and Bahrain strongly opposed the resolution. Japan and the European Union, along with
many Latin American and Central and Eastern European countries were the supporters of the resolution.
Pakistan, issued an aide mémoire on the resolution, which called for OIC and other states to vote against
the resolution. The text of the aide mémoire was ‘very hostile’. In addition, states that opposed the
resolution try to apply some delaying tactics and procedural “tricks” to prevent debate from happening.
Ultimately, the opposition to the resolution forced whole conference to vote on the resolution, one of
which was a vote on “no action”.
Instructions
In groups of 4-5, discussion the scenario and how would the chairman reply when Pakistan introduced the
no action motion. How would you gather support for your action? How do you think the conference would
react to your response?
About the Commission on Human Rights
The Commission is one of the central UN forums for discussing human rights: it hears reports from
independent experts, many of whom are increasingly seeking out information and reporting on sexuality-
related discrimination and violence), testimony is given by NGOs, deals are negotiated, normsetting -
resolutions are passed, key human rights issues are vetted. The Commission also sets out priority areas
for the UN’s work on human rights. When new treaties are proposed or new declarations are drafted, the
work often begins at the Commission.
Unlike UN World Conferences or ad hoc meetings on a particular topic, the UNCHR meets every year and
thus it allows for slow, well-planned work. The work of the Commission is administered by the UN Office of
the High Commissioner for Human Rights (OHCHR). The OHCHR provides support for much of the UN’s
human rights work. A regionally representative group of CHR Member states comprises the "Bureau." The
Bureau acts as a steering committee for the Commission session.
Resolution text: "Human Rights and Sexual Orientation" (L92)

Chairing International Conferences 2016
Student’s Manual
The Commission on Human Rights,

PP1 - Reaffirming the Universal Declaration of Human Rights, the International Covenant on Economic,
Social and Cultural Rights, the International Covenant on Civil and Political Rights, the International
convention on the Elimination of all Forms of Racial Discrimination, the Convention on the Elimination of
all Forms of Discrimination Against Women, the Convention against Torture and other Cruel, Inhuman or
Degrading Treatment or Punishment, and the Convention on the Rights of the Child,
PP2 - Recalling that recognition of the inherent dignity and of the equal and inalienable rights of all
members of the human family is the foundation of freedom, justice and peace in the world,
PP3 - Reaffirming that the Universal Declaration of Human Rights affirms the fundamental principle of the
inadmissibility of discrimination and proclaims that all human beings are born free and equal in dignity and
rights and that everyone is entitled to the enjoyment of all rights and freedoms set forth therein without
distinction of any kind,
PP4 -Affirming that human rights education is a key to changing attitudes and behavior and to promoting
respect for diversity in society,
OP1 - Expresses deep concern at the occurrence of violations of human rights all over the world against
persons on the grounds of their sexual orientation;
OP2 - Stresses that human rights and fundamental freedoms are the birthright of all human beings, that
the universal nature of these rights and freedoms is beyond question and that the enjoyment of such rights
and freedoms should not be hindered in any way on the grounds of sexual orientation;
OP3- Calls upon all States to promote and protect the human right of all persons regardless of their sexual
orientation;
OP4- Notes the attention given to human rights violations on grounds of sexual orientation by the special
procedures in their reports to the CHR, as well as the treaty monitoring bodies, and encourages all special
procedures of the CHR, within their mandates, to give due attention to the
subject;
OP5 - Requests the High Commissioner for Human Rights to pay due attention to violations of human
rights on the grounds of sexual orientation;
OP6 - Decides to continue consideration of the matter at its sixtieth session under the same agenda item.

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Chairing International Conferences 2016

Discussion Group Exercise

Draft resolution on sexual orientation and human rights

Background (full text of the resolution will be in the second page)

About the Commission on Human Rights

Resolution text: "Human Rights and Sexual Orientation" (L92)

The Commission on Human Rights,

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