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Laying the Groundwork: The Definition, Scope and Roles of Human Rights

The 30th Anniversary celebration of the International Day of Peace at UN Headquarters. photo: United Nations Photo/flickr

Last week, we looked at how international and regional-level entities created and designed to deal with 20th century problems are struggling to adapt to a changing global landscape – a landscape that now features social, economic and political problems that are more comprehensive, deeper in scope, and last longer in time than in the past. These challenges acknowledge no borders and defy traditional structures, regardless of their previously conceived national or international foundations.  But as we suggested last week, perhaps the best way to look at how macro-level politics are now being transacted, both regionally and internationally, is to look at them as you would a well-turned prism. In doing so, we come to see many causes AND effects at play in the international system today. We’ve covered some of them over the last two months, but we are hardly done. For example, both a cause and symptom of the structural changes currently occurring in the international system is the general concept of human rights and its practical application, a growing portion of international law. Indeed, because the ever-burgeoning and expanding concept of rights, coupled with attempts to make them “stick”, complicate how contemporary international relations are evolving, we need to explore their Janus-faced relationship over a two-week period. Well, let’s now do so.

Passport-Shaped Boxes

Male/Female Sign
Gender: depends which way you look at it, photo courtesy Brian Suda/flickr

Humans like to categorize and classify things – it helps make life easier. Well, at least some people’s lives. For others, trying to squeeze themselves into these boxes is nearly impossible.

So the news that Australia has decided to allow people to select “X” as a gender on their passports – as opposed to M(ale) or F(emale) – comes as welcome relief to the transgender and intersex communities. Back in 2009, the Australian Human Rights and Equal Opportunity Commission undertook a study into the issues surrounding the legal recognition of sex and gender in official documents.  The participants’ comments were enlightening.

It surprised me to find that Australia is not the first state to (officially) acknowledge gender possibilities beyond the simple male/female dichotomy. Other groups have already successfully petitioned for an alternative choice: in India, the hijra can use “E” for ‘eunuch’, and in Bangladesh they can choose “Other”.

However, being able to choose this third option in Australia is currently restricted to those able to support their claim with a doctor’s statement. Why should this be the case? The Yogyakarta Principles state that it should be an individual’s self-defined identity which matters. Indeed, it got me wondering why on earth gender needs to be listed in a passport at all.

In the Australian Human Rights Report mentioned above, the main concern was apparently “national security”. Australian senator Louise Pratt stated that this reform “was a major improvement for travelers facing questioning and detention at airports because their appearance does not match their gender status.” But why does that matter? Surely it is more critical that their face matches the photo. So once more, why does gender need to be listed in a passport?

But, since we’re playing the categorization game, which box would you put internationally renowned model Andrej Pejic in — so as to no longer pose a threat to national security?

Update (20 Sep): It seems that the UK government is now asking itself the same question on whether gender needs to be listed in a passport, in a move spearheaded by the Liberal Democrat party. The Home Office’s Identity and Passport Service (IPS) said in a statement: “IPS is considering the gender options available to customers in the British passport. We are exploring with international partners and relevant stakeholders the security implications of gender not being displayed in the passport.”

Nobel Women’s Initiative 2011

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Survivors of sexual violence at a women’s centre. photo: Amnesty International/flickr

Yesterday, 23 May, the third international gathering of the Nobel Women’s Initiative opened its gates in Quebec, Canada. This year it carries the title Women Forging a New Security: Ending Sexual Violence in Conflict. For three days, over 120 civil society activists, corporate and security sector leaders, military and peacekeeping personnel, academics from around the world, and numerous Nobel Peace Laureates are convening to discuss strategies for tackling sexual violence in conflict.

Sexual violence in times of war or turmoil is not at all a new phenomenon. Rape has shadowed war for as long as armies have marched into battle. In the past four decades, however, the scale of sexual violence has come to reach almost surreal proportions. While “traditional” warfare was, in the past, characterized by a clash of armed forces, wars have developed more and more into internal armed conflicts. The targets are increasingly often civilians, turning rape and sexual attack into useful forms of war and a core military strategy in conflicts around the world, from Sudan to Burma to Colombia.

Rape is the most intrusive of traumatic events. Sexual violence is as damaging as a bullet. It destroys not only the body of the victim, but the basic social fabric of the community. Where sexual violence has been a way of war, it destroys the way of life. Rape shatters traditions that anchor community values, disrupting their transmission to future generations. Children accustomed to rape and violence grow into adults who accept them as the norm.

Uganda’s Anti-Gay Law Shelved – Backgrounder

A different approach. Photo: Russel Higgs/flickr

Promising news from Uganda: the parliament has adjourned without debating a controversial bill that would have mandated life prison for homosexual acts and the death penalty for ‘aggravated’ cases. The move to wipe the draft laws from the agenda came amid mounting pressure from governments and citizens around the world. Bills not completed in the old parliament must be resubmitted to be considered. The fight isn’t over yet, but last week’s developments may prove to be a critical milestone for gay rights in Africa.

We have offered regular coverage of this issue:

  • You Can Run – Or You Can Hide recounts the assassination of gay rights campaigner David Kato Kisule and how homophobia in Uganda has grown even stronger in the wake of the murder.

You Can Run – Or You Can Hide

Fighting a losing battle? photo: Peter Vlam/flickr

On 26 January of this year, David Kato Kisule, a prominent gay rights campaigner from the east African nation of Uganda, was beaten to death with a hammer in his house near the country’s capital of Kampala, shortly after winning a lawsuit against a magazine which had published his name and photograph identifying him as gay and calling for him to be executed.

The story goes back to October of last year, when a weekly Ugandan tabloid newspaper, the Rolling Stone (with no affiliation to the iconic American music magazine), published the names and photos of 100 suspected homosexuals next to a banner that read “hang them”, which led to those listed being singled out, threatened, attacked, and – as in the case of Kato – killed.

Kato’s funeral was held on 28 January in Nakawala. Tears flowed as family members and human rights activists wailed. A statement from President Barack Obama was read, condemning the killing and urging authorities to bring swift justice. However, the presiding Anglican pastor shocked the mourners when he called on gays to repent or else be “punished by God” and made comparisons to Sodom and Gomorrah, before the bereaved managed to grab the microphone from him. During the resulting scuffle, the onlooking villagers, refusing to bury Kato within their parish, sided with the preacher.