Dear Independent Expert on SOGI, dear Mr. V(ictor) Madrigal-Borloz,
On behalf of and as director of the Transatlantic Christian Council, an organization with special consultative status at the United Nations, I would like to thank you for providing the opportunity to exchange views and to ask some questions. We do so in a friendly way, but we are looking for clarity. The background is that we are concerned.
It is no secret that your mandate has been highly controversial from the outset. A majority of Member states of the UN did not vote in favor of your mandate. [Geneva HRC June 2016: In favor 23, Against 18, Abstentions 6; New York UNGA end 2016: In favor: 84, Against: 77, Abstentions: 16]. This is because of conflicting worldviews and religious principles. To our Council it seems that the promoters of this mandate are creating a community of Divided Nations, rather than United Nations.
[Q(uestion) 1] How do you experience this reality and how will you address the opposing views related to your mandate?
Your recommendation 81 (d) (in Report A/HRC/38/43) states: ‘Open up dialogue with opinion leaders, including religious leaders, to foster an approach that respects sexual and gender diversity, and integrate this dialogue into the educational and socialization process for empathy from a young age;’.
It seems you plan to try to reconcile vastly different worldviews.
[Q 2] Do you attempt to identify and disseminate all-inclusive interpretations of religion and other beliefs with space for gender diversity?
[Q 3] Are you saying that you intend to convince or explain to religions how they should interpret their own beliefs?
[Q 4] Will you respect religious, political and community leaders if their views are opposite or different from your views on LGBT issues?
[Q 5] Or will you assume your views are to replace theirs?
Also,
[Q 6] what is meant by ‘enable LGBTI people to associate fully in family life’ as your predecessor mentioned it? (He left this question unanswered, I raised it in the NGO-consultation meeting in Geneva on January 25, 2017).
[Q 7] Is this still a goal?
[Q 8] And if so, is this referring to same-sex marriage or adoption of children by same-sex couples and the legal recognition of that? That seems
to be the case since you write in a positive way in your report on ‘equal marriage’ and ‘diverse families’ (par 4, 35 and 62) and ‘adoption of children by persons of the same sex’ (par 14 in Argentina).
[Q 9] Will you respect the fact that most nations maintain that marriage is between a man and a woman?
[Q 10] Do you see it as your task and in the boundaries of your mandate to overturn such laws?
According to UN consensus documents, it is the natural parents who are responsible for the upbringing of their children according to their own beliefs, not UN experts. In light of the UN convention of the Rights of the Child, wherein it states that children have the right to know and cared for by their parents,
[Q 11] have you considered the rights of the child in these matters?
[Q 12] Are you aware of the abundant research showing that children do best when raised by both their mother and father?
[Q 13] Does that make enough sense or are the desires or alleged rights of adults more important than this basic right of the child?
In your recommendations (par 97) education is mentioned several times as a tool or instrument. Such as ‘to design and conduct public campaigns, including on sexual education and to formulate education policies to address harmful social and cultural bias, misconceptions and prejudice’. Together with your first recommendation (par 89), where you state that ‘States must adopt a combination of laws, policies and other measures tailored to a specific context’, leads to a question on your view and position towards the equal status of fundamental freedoms.
There are lots of faith-based schools, hospitals and other religious associations and organizations worldwide.
[Q 14] Will you respect such fundamental freedoms as the freedom of religion, association and education within these institutions?
[Q 15] Is it your intention to promote that states and schools have to allow transgenders or gender fluid people to use the toilets, locker rooms and showers of the opposite sex? Such policies are tried in some Western countries but will hopefully be soon overturned especially because of the insecurity, uncertainty and inconvenience they create. The majority of the world’s people find such policies to be unacceptable as they put women and girls especially at greater risk for abuse.
For our Council and for many states and many people your mandate raises more questions and concerns than it gives answers and solutions.
Some final questions.
[Q 16] Will you respect the sovereignty of states?
[Q 17] How do you plan to hold states accountable on discrimination when no international agreement exists on the legal definition of SOGI or SOGI discrimination?
[Q 18] Do you consider freedom of religion to be subservient to anti-discrimination? These are all questions of critical importance.
Dear Expert, we look forward to your responses.
Henk Jan van Schothorst
Executive Director, Europe Office, Transatlantic Christian Council Krooslaan 11, 2411 ZP Bodegraven, The Netherlands +31 6 558 38 607, info@tccouncil.org, www.tccouncil.org