合法博彩网站

叠9鈥�0221/2023

European 合法博彩网站 resolution on the universal decriminalisation of homosexuality in the light of recent developments in Uganda

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合法博彩网站,

鈥�听having regard to its previous resolutions on Uganda,

鈥�听having regard to Article听2 of the Charter of Fundamental Rights of the European Union,

鈥�听having regard to the statement made on 29听March听2023 by UN experts condemning egregious anti-LGBT legislation in Uganda,

鈥�听having regard to the Resolution on the Protection against Violence and other Human Rights Violations against Persons on the Basis of their real or imputed Sexual Orientation or Gender Identity adopted by the African Commission on Human and Peoples鈥� Rights in 2014 (Resolution听275),

鈥�听having regard to the statement made on 22听March听2023 by the UN High Commissioner for Human Rights Volker T眉rk urging the President of Uganda not to sign a draconian anti-homosexuality bill,

鈥�听having regard to the Partnership Agreement between the African, Caribbean and Pacific (ACP) Group of States and the EU (the Cotonou Agreement) of 2000, in particular to Article听8(4) thereof on non-discrimination,

鈥�听having regard to Articles听2 and 5 of the African Charter on Human and Peoples鈥� Rights,

鈥�听having regard to the Protocol to the African Charter on Human and People鈥檚 Rights on the Rights of Women in Africa (Maputo Protocol) of 11听July听2003,

鈥�听having regard to the International Covenant on Civil and Political Rights of 1966 (ICCPR), to which Uganda has been a party since 1995,

鈥�听having regard to international human rights obligations, including those contained in the Universal Declaration of Human Rights and in the European Convention on Human Rights and Fundamental Freedoms,

鈥�听having regard to UN Resolution听70/1 entitled 鈥楾ransforming our world 鈥� the 2030 Agenda for Sustainable Development鈥� (the 2030 Agenda), adopted at the UN Sustainable Development Summit on 25听September听2015 in New York and establishing the Sustainable Development Goals (SDGs),

鈥�听having regard to Regulation (EU) 2021/947 of the European 合法博彩网站 and of the Council of 9听June听2021 establishing the Neighbourhood, Development and International Cooperation Instrument (NDICI) 鈥� Global Europe, amending and repealing Decision No 466/2014/EU of the European 合法博彩网站 and of the Council and repealing Regulation (EU) 2017/1601 of the European 合法博彩网站 and of the Council and Council Regulation (EC, Euratom) No 480/2009[1],

鈥�听having regard to the Commission communication of 12听November听2020 entitled 鈥楿nion of Equality: LGBT Equality Strategy 2020-2025鈥� (),

鈥�听having regard to the EU Action Plan on Human Rights and Democracy for 2020-2024,

鈥�听having regard to Rule听132(2) of its Rules of Procedure,

A.听whereas the Universal Declaration of Human Rights and the obligations outlined under international human rights law uphold the inherent dignity and equal and inalienable rights of all human beings irrespective of their sexual orientation or gender identity, as well as the respect and protection of their human rights;

B.听whereas despite the progress made thus far, many countries still have laws that criminalise homosexuality which are often used to legitimise discrimination and violence against LGBT people; whereas since 2022, draconian laws criminalising homosexuality have been in force in 64 countries across the globe, the majority of which are in Africa, Asia and the Middle East; whereas 32 of a total of 54 African countries criminalise same鈥憇ex relations, and whereas Mauritania, Sudan, northern Nigeria and Somalia punish homosexuality by death;

C.听whereas on 21听March听2023 the Ugandan parliament approved a harsh anti-homosexuality bill that targets and jeopardises the rights of LGBT people and those who support and defend their human rights; whereas the bill proposes the death penalty for the offence of 鈥榓ggravated homosexuality鈥�, life imprisonment for the 鈥榦ffence of homosexuality鈥�, up to 14 years in prison for 鈥榓ttempted homosexuality鈥� and up to 20 years in prison for 鈥榩romoting homosexuality鈥�;

D.听whereas the Ugandan bill has been criticised as one of the world鈥檚 harshest anti-LGBT laws; whereas the imposition of the death penalty for same-sex intimacy, including so-called 鈥榮erial homosexuality鈥�, is an egregious violation of fundamental and internationally protected human rights;

E.听whereas this Ugandan legislation has been proposed after years of state-instigated and state-perpetuated discrimination and violence on the basis of sexual orientation and gender identity; whereas over the past 15 years, experts have repeatedly raised serious concerns about escalating risks to the human rights of LGBT people in Uganda;

F.听whereas in February听2023 alone, more than 110 LGBT people in Uganda reported incidents, including arrests, sexual violence, evictions and public stripping;

G.听whereas this new bill conflicts with Uganda鈥檚 own constitutional provisions stipulating equality and non-discrimination for all; whereas it also runs counter to the country鈥檚 international legal obligations on human rights and political commitments on sustainable development, in particular SDGs听3, 5 and 10, and actively puts people鈥檚 rights, health and safety at grave risk; whereas this bill has the potential to promote violence and discrimination against LGBT people;

H.听whereas the ICCPR recognises the right to life as a fundamental human right and explicitly states that the death penalty should not be imposed for non-violent offences; whereas the ICCPR prohibits discrimination based on sexual orientation or gender identity and whereas the imposition of the death penalty for same-sex relationships violates this principle;

I.听whereas EU international cooperation should support the efforts of the Organisation of African, Caribbean and Pacific States (formerly the ACP) in developing supportive legal and policy frameworks and in eliminating punitive laws, policies, practices, stigmatisation and discrimination that undermine human rights;

J.听whereas the EU is committed to promoting and protecting the rights of LGBT people, including measures to decriminalise homosexuality, as stipulated in the NDICI 鈥� Global Europe Regulation; whereas the EU is committed, further, to protecting LGBT people and enabling them to assert their rights around the world, as stipulated in the LGBT Equality Strategy for 2020-2025 and in the EU Action Plan on Human Rights and Democracy 2020-2024;

1.听Condemns the criminalisation of homosexuality; is deeply concerned about the Ugandan parliament鈥檚 adoption of the new legislation, which would have serious, negative repercussions on LGBT people and on society as a whole and erode important gains made over the years;

2.听Stresses that discrimination against LGBT people undermines the most basic of human rights principles as enshrined in the Universal Declaration of Human Rights; reiterates that sexual orientation and gender identity are matters that fall within the scope of an individual鈥檚 right to privacy, as guaranteed by international law and national constitutions;

3.听Deplores the fact that in too many countries worldwide, LGBT people continue to be victims of violence, including sexual violence, torture, arbitrary detention, harassment, discrimination and, in the most serious cases, murder; highlights that these acts are still most often committed with impunity and with the relevant authorities failing to take appropriate action;

4.听Seeks the repeal of draconian laws that criminalise homosexuality, permit discrimination on the basis of sexual orientation or gender identity and encourage violence; rallies support for the universal decriminalisation of homosexuality;

5.听Calls, in the strongest of terms, on the Commission to step up actions to prevent, denounce and combat all forms of discrimination and harassment against LGBT people, as well as to actively condemn and combat discriminatory laws, policies and practices, including the criminalisation of consenting same-sex relations;

6.听Recognises the substantial progress that Uganda has made in recent years in reducing the impact of HIV; recalls that the prevalence of HIV in men who have sex with men (MSM) in 2021 was 12.7听%;

7.听Notes with concern that this prevalence is significantly higher than for heterosexual men and above the national average, and that vulnerable groups such as MSM continue to be less likely than the general population to receive the HIV treatment, prevention and care services they need; is therefore extremely concerned that the bill would criminalise people with HIV;

8.听Believes that unjust laws such as these only further stigmatise HIV testing, tracing and prevention efforts, conflicting with the goal of eradicating HIV and potentially rendering HIV life-saving programmes illegal, as they could constitute a 鈥榩romotion of homosexuality鈥�;

9.听Calls on the EU to use all its existing external policy tools to support and protect LGBT people around the world, including in its efforts to bring about the universal decriminalisation of homosexuality; underlines that the EU should use its development policy to achieve these objectives, for example by making development aid conditional upon a partner country upholding fundamental freedoms and human rights and by suspending assistance in the event of degradation in democracy, human rights or the rule of law in non-EU countries, as stipulated in the NDICI 鈥� Global Europe Regulation;

10.听Rejects emphatically the use of the death penalty under any circumstances, including any legislation that would impose the death penalty for homosexuality; calls on the EU and its Member States to further engage the Government of Uganda in reconsidering its position on the death penalty; notes, further, that the imposition of the death penalty based on such legislation is arbitrary killing per se and a breach of Article 6 of the ICCPR;

11.听Stresses that the new legislation in Uganda runs counter to the country鈥檚 international legal obligations on human rights and is not compatible with Uganda鈥檚 political commitments on sustainable development;

12.听Stresses that the new legislation would exacerbate and legitimise the continued stigmatisation, violence, harassment and discrimination against LGBT people and impact all areas of their lives; notes, further, that the new proposed legislation would put at risk the physical and mental integrity and health of lesbian, gay, bisexual and trans people in Uganda as a result of the continued acts of violence and intimidation;

13.听Calls, in the strongest of terms, on Uganda鈥檚 President to refrain from promulgating laws that discriminate against and further criminalise people identifying as LGBTIQ and those who support and defend their human rights;

14.听Expresses deep concern that Ugandan law is still highly discriminatory against LGBT people and calls on the Ugandan authorities to review any law criminalising homosexuality and LGBT activists, in particular under sections听145 and 146 of the Ugandan Penal Code;

15.听Reminds the Ugandan Government of its obligations under international law and under the Cotonou Agreement, which calls for universal human rights and fundamental freedoms to be respected;

16.听Calls on the EU delegation in Uganda to continue to closely monitor the situation of LGBT people and to actively support civil society organisations, human rights defenders and LGBT people on the ground; stresses the importance of raising awareness and promoting the understanding of the situation of LGBT people and their families;

17.听Calls on the EU to make full and effective use of the political dialogue provided for under Article 8 of the Cotonou Agreement in its dialogue with the Ugandan authorities in order to help promote human rights in Uganda, decriminalise homosexuality and reduce violence and discrimination against LGBT people;

18.听Insists that the EU should be prepared to take concrete actions if the President of Uganda signs the new bill into law, for example, by making further development aid conditional upon Uganda upholding fundamental freedoms and human rights, in line with the EU鈥檚 commitment to promote and protect the rights of LGBT people, including measures to decriminalise homosexuality;

19.听Welcomes the Strategic Plan for the Promotion and Protection of Human and Peoples鈥� Rights for 2021-2030 recently adopted by the African Union;

20.听Instructs its President to forward this resolution to the Council, the Commission, the Vice-President of the Commission听/听High Representative of the Union for Foreign Affairs and Security Policy, the President, the Government and the 合法博彩网站 of Uganda, and the African Union and its institutions.

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