Federal Register - February 26, 2021
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Source: Federal Register
11843
Presidential Documents
Federal Register Vol. 86, No. 37
Friday, February 26, 2021
Title 3
National Security Memorandum/NSM4 of February 4, 2021
The President
Advancing the Human Rights of Lesbian, Gay, Bisexual, Transgender, Queer, and Intersex Persons Around the World Memorandum for the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Attorney General, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Labor, the Secretary of Health and Human Services, the Secretary of Homeland Security, the United States Trade Representative, the Assistant to the President for National Security Affairs, the Assistant to the President and Counsel to the President, the Administrator of the United States Agency for International Development, and the Chief Executive Officer, Millennium Challenge Corporation This memorandum reaffirms and supplements the principles established in the Presidential Memorandum of December 6, 2011 International Initiatives to Advance the Human Rights of Lesbian, Gay, Bisexual, and Transgender Persons. That memorandum, for the first time, directed agencies engaged abroad to ensure that U.S. diplomacy and foreign assistance promote and protect the human rights of lesbian, gay, bisexual, and transgender persons everywhere. This memorandum builds upon that historic legacy and updates the 2011 Memorandum.
All human beings should be treated with respect and dignity and should be able to live without fear no matter who they are or whom they love.
Around the globe, including here at home, brave lesbian, gay, bisexual, transgender, queer, and intersex LGBTQI+ activists are fighting for equal protection under the law, freedom from violence, and recognition of their fundamental human rights.
The United States belongs at the forefront of this strugglespeaking out and standing strong for our most dearly held values. It shall be the policy of the United States to pursue an end to discrimination on the basis of sexual orientation, gender identity or expression, or sex characteristics, and to lead by the power of our example in the cause of advancing the human rights of LGBTQI+ persons around the world.
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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 LGBTQI+ persons. Specifically, I direct the following actions, consistent with applicable law:
Section 1. Combating Criminalization of LGBTQI+ Status or Conduct Abroad.
Agencies engaged abroad are directed to strengthen existing efforts to combat the criminalization by foreign governments of LGBTQI+ status or conduct and expand efforts to combat discrimination, homophobia, transphobia, and intolerance on the basis of LGBTQI+ status or conduct. The Department of State shall, on an annual basis and as part of the annual report submitted to the Congress pursuant to sections 116d and 502Bb of the Foreign Assistance Act of 1961 22 U.S.C. 2151nd and 2304b, report on human rights abuses experienced by LGBTQI+ persons globally. This reporting shall include anti-LGBTQI+ laws as well as discrimination and violence committed by both state and non-state actors against LGBTQI+ persons.
Sec. 2. Protecting Vulnerable LGBTQI+ Refugees and Asylum Seekers.
LGBTQI+ persons who seek refuge from violence and persecution face daunting challenges. In order to improve protection for LGBTQI+ refugees
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