[image: Inline images 1] PRESS RELEASE
25 June 2013 ADHIKAAR WELCOMES THE COUNCIL OF EUROPEAN UNION GUIDELINES TO PROMOTE AND PROTECT THE ENJOYMENT OF ALL HUMAN RIGHTS BY LESBIAN, GAY, BISEXUAL, TRANSGENDER, AND INTERSEX (LGBTI) PERSONS Adhikaar welcomes the announcement from the European Union yesterday that LGBTI rights is to be an integral part of EU foreign policy and integrated into foreign embassies and development programs. The Foreign Affairs Council of the European Union adopted the “Guidelines to Promote and Protect the Enjoyment of All Human Rights by Lesbian, Gay, Bisexual, Transgender, and Intersex (LGBTI) Persons” on the 24th June 2013 at its Foreign Affairs Council Meeting held in Luxembourg. http://www.consilium.europa.eu/uedocs/cms_Data/docs/pressdata/EN/foraff/137584.pdf The Guidelines are a comprehensive & legally binding document which will provide instructions to EU institutions and Member States on how to progress on human rights of LGBTI people in dealing with third countries and at international fora. Activists and Human Rights Defenders who are working in the global south, and especially in those places where the political, social, and legal, climate is difficult for LGBTI persons, would certainly benefit from these guidelines, as it would ensure that international pressure is maintained on their governments to comply with international human rights norms, and that the impunity with which such rights are violated by the various states is taken away. India has made certain progress in terms of promoting and protecting the rights of LGBTI persons, but the impression goes out that such progress is out of tokenism and not as a genuine concern for LGBTI persons. For example, the recent amendments to the sexual assault laws were supposedly made on recommendations made by a committee headed by late Justice Verma, which had specifically asked for repeal of the anti sodomy section 377 of the Indian Penal code and for inclusion of male rape/sexual-assault as a crime. These recommendations were deliberately ignored by the government while bringing in the legislation, thus failing to protect the rights of LGBTI persons. Recent adoption guidelines formulated by India, and the proposed legislation to regulate surrogacy, also includes deliberate provisions to deprive LGBTI persons of their right to form a family unit. Same sex long term relationships are not accorded any recognition in the eye of the law. Sexual harassment in the workplace or in state institutions and educational institutions, based on sexual orientation and gender identity, is not accorded any protection by the law in India. Adhikaar is hopeful that the moral and diplomatic pressure that will be brought about as a result of the guidelines on the Indian government by the EU and the EU Member States through their diplomatic missions in India will have a long term impact in correcting these wrongs perpetrated by the Indian state. Adhikaar is also hopeful that the EU states and their missions will now be more responsive to crisis situations that are faced by LGBTI human rights defenders in India as a result of the climate created by omissions and commissions of the Indian state against LGBTI persons. Adhikaar gratefully thanks the EU for adopting these guidelines. Sincerely yours, Aditya Bondyopadhyay For Adhikaar
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