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Saturday 17 December 2011

BEWARE! THE PROMOTION, PROTECTION AND FUNDING OF LESBIAN, GAY, BISEXUAL, AND TRANSGENDER PERSONS' (LGBT) HUMAN RIGHTS IS NOW AN OFFICIAL U.S. GLOBAL STRATEGY!



I'm not sure whether, with the exception of Mylaunchpad News, the local media and blogs have picked up this news. If there are such other local reports I may have completely missed it. Regardless, it certainly deserve special mention, given the recent politicization of gay rights issue here.

Although the "Seksualiti Merdeka" controversy has apparently quietened down here, it did not allay the allegations of foreign interference. It is a well known fact that the US government has consistently been committed to LGBT equality around the world. In fact, under the Obama Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere.

Now, in a history-setting move, it has set the promotion and protection of LGBT rights at a highest level of the US government. For the first time, the promotion and protection of LGBT rights officially become a federal policy and a global (foreign policy) strategy. In fact, this is the first-ever global LGBT strategy plan issued by any American government. The plan directs all US government agencies involved in foreign affairs to promote and protect LGBT human rights across the world.

This plan is contained in a Presidential Memorandum entitled "International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons (LGBT)", signed by President Obama on 6 December 2011.

Section 7 of the memorandum defines the agencies to be engaged abroad, as follows:

1. The Departments of State (Foreign Affairs);
2. The Treasury;
3. Department of Defense;
4. Department of Justice;
5. Department of Agriculture;
6. Department of Commerce;
7. Department of Health and Human Services;
8. Department of Homeland Security
9. The United States Agency for International Development (USAID)
10. The Millennium Challenge Corporation
11. The Export Import Bank
12. The United States Trade Representative, and
13. Such other agencies as the President may designate.

All the above agencies, except the Department of Agriculture and Department of Commerce, are involved in foreign aid, assistance, and development.

Obama specifically directed that certain actions consistent with applicable law should be taken. These actions include:

1. Combating criminalization, discrimination, homophobia, and intolerance of LGBT status or conduct abroad;

2. Protecting vulnerable LGBT refugees and asylum seekers;

3. Providing foreign assistance to protect the human rights of LGBT persons and advance their non-discrimination. This is to be conducted via engagement with governments, citizens, civil society, and the private sector abroad.

4. Swift and meaningful US responses to human rights abuses of LGBT persons abroad; and 

5. Engaging international organizations in the fight against LGBT discrimination.

The memorandum, available at the White House website, is reproduced in full below:
The White House
Office of the Press Secretary
For Immediate Release, December 06, 2011

Presidential Memorandum - International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons

MEMORANDUM FOR THE HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES
SUBJECT: International Initiatives to Advancethe Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons

The struggle to end discrimination against lesbian, gay, bisexual, and transgender (LGBT) persons is a global challenge, and one that is central to the United States commitment to promoting human rights. I am deeply concerned by the violence and discrimination targeting LGBT persons around the world whether it is passing laws that criminalize LGBT status, beating citizens simply for joining peaceful LGBT pride celebrations, or killing men, women, and children for their perceived sexual orientation. That is why I declared before heads of state gathered at the United Nations, "no country should deny people their rights because of who they love, which is why we must stand up for the rights of gays and lesbians everywhere." Under my Administration, agencies engaged abroad have already begun taking action to promote the fundamental human rights of LGBT persons everywhere. Our deep commitment to advancing the human rights of all people is strengthened when we as the United States bring our tools to bear to vigorously advance this goal.

By this memorandum I am directing all agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of LGBT persons. Specifically, I direct the following actions, consistent with applicable law:

Section 1. Combating Criminalization of LGBT Status or Conduct Abroad. Agencies engaged abroad are directed to strengthen existing efforts to effectively combat the criminalization by foreign governments of LGBT status or conduct and to expand efforts to combat discrimination, homophobia, and intolerance on the basis of LGBT status or conduct.

Sec. 2. Protecting Vulnerable LGBT Refugees and Asylum Seekers. Those LGBT persons who seek refuge from violence and persecution face daunting challenges. In order to improve protection for LGBT refugees and asylum seekers at all stages of displacement, the Departments of State and Homeland Security shall enhance their ongoing efforts to ensure that LGBT refugees and asylum seekers have equal access to protection and assistance, particularly in countries of first asylum. In addition, the Departments of State, Justice, and Homeland Security shall ensure appropriate training is in place so that relevant Federal Government personnel and key partners can effectively address the protection of LGBT refugees and asylum seekers, including by providing to them adequate assistance and ensuring that the Federal Government has the ability to identify and expedite resettlement of highly vulnerable persons with urgent protection needs.

Sec. 3. Foreign Assistance to Protect Human Rights and Advance Nondiscrimination. Agencies involved with foreign aid, assistance, and development shall enhance their ongoing efforts to ensure regular Federal Government engagement with governments, citizens, civil society, and the private sector in order to build respect for the human rights of LGBT persons.

Sec. 4. Swift and Meaningful U.S. Responses to Human Rights Abuses of LGBT Persons Abroad. The Department of State shall lead a standing group, with appropriate interagency representation, to help ensure the Federal Government's swift and meaningful response to serious incidents that threaten the human rights of LGBT persons abroad.

Sec. 5. Engaging International Organizations in the Fight Against LGBT Discrimination. Multilateral fora and international organizations are key vehicles to promote respect for the human rights of LGBT persons and to bring global attention to LGBT issues. Building on the State Department's leadership in this area, agencies engaged abroad should strengthen the work they have begun and initiate additional efforts in these multilateral fora and organizations to: counter discrimination on the basis of LGBT status; broaden the number of countries willing to support and defend LGBT issues in the multilateral arena; strengthen the role of civil society advocates on behalf of LGBT issues within and through multilateral fora; and strengthen the policies and programming of multilateral institutions on LGBT issues.

Sec. 6. Reporting on Progress. All agencies engaged abroad shall prepare a report within 180 days of the date of this memorandum, and annually thereafter, on their progress toward advancing these initiatives. All such agencies shall submit their reports to the Department of State, which will compile a report on the Federal Government's progress in advancing these initiatives for transmittal to the President.

Sec. 7. Definitions. (a) For the purposes of this memorandum, agencies engaged abroad include the Departments of State, the Treasury, Defense, Justice, Agriculture, Commerce, Health and Human Services, and Homeland Security, the United States Agency for International Development (USAID), the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

(b) For the purposes of this memorandum, agencies involved with foreign aid, assistance, and development include the Departments of State, the Treasury, Defense, Justice, Health and Human Services, and Homeland Security, the USAID, the Millennium Challenge Corporation, the Export Import Bank, the United States Trade Representative, and such other agencies as the President may designate.

This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

The Secretary of State is hereby authorized and directed to publish this memorandum in the Federal Register.

BARACK OBAMA

[Source: The White House]
On the same day the memorandum was issued, US Secretary of State Hillary Clinton made the following statement in Geneva:
...The Obama Administration defends the human rights of LGBT people as part of our comprehensive human rights policy and as a priority of our foreign policy. In our embassies, our diplomats are raising concerns about specific cases and laws, and working with a range of partners to strengthen human rights protections for all. In Washington, we have created a task force at the State Department to support and coordinate this work. And in the coming months, we will provide every embassy with a toolkit to help improve their efforts. And we have created a program that offers emergency support to defenders of human rights for LGBT people...

I am also pleased to announce that we are launching a new Global Equality Fund that will support the work of civil society organizations working on these issues around the world. This fund will help them record facts so they can target their advocacy, learn how to use the law as a tool, manage their budgets, train their staffs, and forge partnerships with women’s organizations and other human rights groups. We have committed more than $3 million to start this fund, and we have hope that others will join us in supporting it...

[Source: US Department of State. Emphasis mine.]
All this means the US government has the power to authorize its diplomats and other agencies abroad to fight for LGBT rights and combat criminalization of LGBT status or conduct. And there is specific funding to support these activities. Although Obama did not specifically warn transgressor nations they could be stripped of US aid, the US could still use foreign aid as a tool - or leverage - to promote LGBT rights in foreign nations. Equally, it could provide direct financial assistance to local LGBT promoters, such as NGOs and other civil rights bodies.

Now that Obama's LGBT initiative has become an officially prioritized foreign policy strategy, will such words as "promote", "protect" and "combat" give the US the unbridled, carte blanche authorization to interfere in the internal LGBT rights affairs of a foreign country?

Neither Obama's memorandum nor Clinton's statement specifically mentioned Malaysia - understandable as they are official announcements. Needless to say, however, people like Anwar Ibrahim, Ambiga and their supporters would be delighted with the new US plan. Will there be more of the Seksualiti Merdeka demonstrations that we witnessed recently (as shown in the pictures below)? Knowing that they will officially be provided with open support - moral or financial - will the plan emboldened them to step up a gear and initiate more protests and create further unrest?


Or upgraded to something like this:


And granted that LGBT rights are not recognized in Malaysia and that sodomy is a criminal offence, will Obama's plan encourage a shift to a more open and aggressive approach towads Anwar's sodomy and LGBT human rights cases in Malaysia?

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