Transcript Discrimination Against Sexual orientation – trend in Hong Kong

Discrimination Against
Sexual Orientation –
Trend in Hong Kong
Baig Raees Begum
Recent Development of the Government
HKSAR Government’s position
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After legislation against racial discrimination which is in
progress
In the recent CESCR hearing in April 2005, the
Government reported to the Committee members that it is
progressing on anti-discrimination against sexual
orientation.
The Government emphasized the base of legislation is to
gain a certain proportion of public support.
Government still made no any promise towards the
legislation.
Recent Development of the Government
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Sexual minorities forum
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In September 2004, the Home Affairs Bureau
started the first meeting of the sexual minorities
forum.
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The purpose of the forum is to discuss relevant
issues concerning sexual minorities among the
Government, rights groups and sexual orientation
concern groups.
Recent Development of the Government
Setting up of Gender Identity and Sexual
Orientation Unit
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The Unit was established in May 2005. The aim is to
enhance the equal opportunities for people of different
sexual orientation. The Unit's functions are to –
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manage and monitor the Equal Opportunities (Sexual Orientation)
Funding Scheme
set up and maintain a hotline for enquiries and complaints
provide secretariat support to the Sexual Minorities Forum
launch publicity and education programmes
conduct research
Recent Development of the Government
Launching public survey
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A telephone survey on public attitudes towards
homosexuals would be conducted to:
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assess public awareness of different sexual orientations,
including homosexuality, heterosexuality and bisexuality;
assess public attitudes towards homosexuals;
assess public acceptance of homosexuals in different contexts
and situations;
assess public attitudes towards the rights of homosexuals;
find out what can be done to address the problem of
discrimination faced by homosexuals.
Start in July and the whole process would end in late
2005.
International obligations
Five of the six United Nations treaty bodies have
declared that their respective treaties encompass
sexual orientation rights.
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International Covenant on Civil and Political Rights
International Covenant on Economic, Social and Cultural
Rights
Convention on the Rights of the Child
Convention on the Elimination of All Forms of
Discrimination against Women
Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment
International obligations
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The UN Human Rights Committee has
announced that “sexual orientation” is subsumed
by the ICCPR’s protection against discrimination
on the basis of “sex.”
Meanwhile, the UN Committee on Social,
Economic, and Cultural Rights has suggested
that “sexual orientation” is a ground for
protection that is subsumed by the ICESCR’s
“other status” grounds.
International obligations
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The UN system has remarked upon Hong Kong’s failure to provide
adequate protection for sexual minorities.
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In 2001, the UN Committee on Economic, Social, and Cultural Rights
criticized Hong Kong for such inadequacies. It stated that “the failure of
the HKSAR to prohibit discrimination on the basis of sexual orientation”
is a “principal subject of concern.”
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In May of 2005, the UN Committee on Economic, Social and Cultural
Rights repeated its criticism, stating that it “wishes to reiterate in
particular its concern [that] . . . present anti-discrimination legislation
[in Hong Kong] does not cover discrimination on the basis of . . .
sexual orientation.”
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In 1999, the UN Human Rights Committee similarly criticized Hong
Kong: “The Committee remains concerned that no legislative remedies
are available to individuals in respect of discrimination on the grounds
of race or sexual orientation.”
Local Responds
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Local responds towards anti sexual orientation
discrimination movements could be divided into
two sides – the supportive group and the
oppositional group.
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Supportive group: human rights groups and
gay/lesbian groups (tong chi community)
Oppositional group: religious groups.
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Different and intensive actions has been launched
by both sides, such as writing letters to HAB (一人
一信), public forums/workshops, publications.