Colombia: Information on the treatment of lesbians by state authorities and the general public, and on the protection available to lesbians who are physically and/or sexually abused

Please find attached two documents that report on the situation of homosexuals in Colombia, one of them published in 1995 and referring almost exclusively to the situation of lesbians in Colombia (Unspoken Rules 1995). Please note that the 1995 publication states that "there are currently no lesbian organizations in Colombia" (ibid. 49). However, a staff member of an international gay and lesbian organization stated that there is a newly-formed lesbian group that is trying to maintain a low profile (IGLHRC 21 Jan. 1998). An Internet Website listing of groups in Colombia indicates that, in addition to groups for homosexual men and women, there is at least one group of lesbian women in Bogota ("Guia oficial" 1998).

The other attached document includes an excerpt on "human rights and sexual orientation" from a  January 1996 "report on social cleansing" published by the International Gay and Lesbian Human Rights Commission, the Colombia Human Rights Committee in Washington, DC, and Proyecto Dignidad. The excerpt provides an overview of the situation, pertinent legislation, case law and legal recourse, and attitudes found among authorities and the general population.

A Spanish-language report on Colombian homosexuality found at an Internet Website provides the following overview of the current situation of the gay movement in Colombia ("Historia del movimiento gay en Colombia," n.d.).

Groups and publications focusing on the rights of sexual minorities began appearing in public in 1994, signalling a reappearance of the Colombian gay movement (see attachments and Response to Information Request COL19862 of 16 February 1995 for background on the evolution of the Colombian gay movement). At present, there are at least ten gay and/or lesbian groups in the country and at least five publications. The recently-formed Asociacion Colombiana de Lesbianas y Homosexuales is an umbrella organization aiming to unite the various gay and lesbian groups, coordinate the gay and lesbian movement of Colombia, and establish links with human rights organizations that share a common concern for fundamental rights. The organization is seeking official recognition as a non-profit institution.

The capital city of Bogota has more than 70 commercial locales catering to the gay clientele. In nearly all medium-sized cities of Colombia there are at least three "gay locales" (establecimientos gay), which constitute the only public places where gay men or lesbians can socialize and manifest affection rather freely (expresar afecto mas o menos libremente). The emerging gay movement of Colombia still has a long way to go before equality is reached; in the meantime homophobia is rampant throughout society, and this results in wide discrimination against gays and lesbians, who can be rejected by both family and friends.

Another Spanish-language report found at the same Website is a personal account of a recent visit to Colombia, with specific references to Bogota ("Colombia ha cambiado," n.d.).

The author refers to a relative opening of the gay community (una especie de apertura en el mundo gay). Bogota has gone from having fewer than 10 gay bars and discotheques in 1994 to having more than 60 at present; there is also somewhat of a trend among "straight" persons of attending gay bars and discos. Although some in the gay community question the "straight" attendance at gay locales, it is acknowledged that this also means a decrease in rejection of the gay community.

There are an abundance of discussion groups in universities and independent groups that foster a certain level of communication and education, through fora and conferences, and socialization outside bars and discotheques. Some Catholic groups attempt to include gays in religious gatherings, television programs increasingly present gay characters without ascribing traditional negative connotations, and various cultural events deal positively with homosexuality. Although some believe that this may be a temporary trend (una moda que pasará con el tiempo), the author is of the opinion that it may signal a gradual improvement that will allow a more "comfortable and open space" (espacio mas confortable y abierto).

Another Spanish-language document on the subject obtained by the Research Directorate is a report presented before the Human Rights Commission of the United Nations in early 1997. It contains the information that follows (Rincon Perfetti Mar.-Apr. 1997).

Although no precise statistics on homosexuals and lesbians (homosexuales y lesbianas) in Colombia exist, these groups have been subject to discrimination and violation of civil and political rights, such as arbitrary detention, police abuse, homicide and torture. Male transvestite street prostitutes have been particularly victimized by "death squads" engaging in "social cleansing." The following statements are included in this Response, as they could be considered pertinent to the situation of lesbians.

Homosexuals and lesbians have been subject to discrimination in various ways. One of these includes arbitrary police actions at locales that cater to homosexuals and lesbians, where individuals have been arbitrarily arrested and forced to perform work at police stations, despite their not having committed any crime or and having proper legal identification; such actions have not taken place at locales that cater to a heterosexual public. Another form of discrimination has been the lack of recognition of same-sex unions by the existing "Law of  Permanent Companions" (Regimen de Compañeros Permanentes) or common-law spousal legislation, which results in surviving same-sex partners not being entitled to the property or assets owned by the deceased partner. This concern was taken before the Constitutional Court, which ruled that the law was not discriminatory. In general, the Colombian state does not grant same-sex couples the protection and social benefits that it grants to heterosexual couples.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Colombia Out of the Closet. 1998. Al (no surname given). "Colombia ha cambiado." [Internet] [Accessed 21 Jan. 1998]

_____. 1998. n.a. "Guia Oficial." [Internet] [Accessed 21 Jan. 1998]

_____. 1998. n.a. "Historia del movimiento gay en Colombia." [Internet] [Accessed 21 Jan. 1998]

International Gay and Lesbian Human Rights Commission (IGLHRC), San Francisco, Calif. 21 January 1998. Telephone interview with staff member.

Rincon Perfetti, German Humberto. March-April 1997. Informe paralelo de la comunidad de lesbianas y homosexuales con relacion al cumplimiento del pacto internacional de derechos civiles y politicos por parte del gobeirno colombiano. Bogota: German Humberto Rincon Perfetti.

Attachments

Ordoñez, Juan Pablo. January 1996. No Human Being is Disposable: Social Cleansing, Human Rights, and Sexual Orientation in Colombia. "Part III: Human Rights and Sexual Orientation in Colombia." [Internet] [Accessed 21 Jan. 1998]

Unspoken Rules: Sexual Orientation and Women's Human Rights. 1995. Edited by Rachel Rosenbloom. "Colombia." San Francisco: International Gay and Lesbian Human Rights Commission,  pp. 49-52.