Argentina: Situation of homosexuals, particularly lesbians, and mistreatment of lesbians by police officers (1996-1999)

The information in this Response adds to that provided in previous Responses available in the DOCINFO database.

Since May 1998 the "Argentine government extended spousal retirement benefits to homosexual couples who have lived together for at least five years¾granting them the same rights recently given to unmarried heterosexual couples"; reportedly, both gays and lesbians have applied for these benefits (The Washington Post 28 Sept. 1998). A Washington Post news article reports that soon after, "in cosmopolitan Buenos Aires, where local gay rights advocates say tolerance remains higher than in the Argentine provinces, a law that forbade same-sex couples from renting hotel rooms was taken off the books last month [August 1998] as the mayor cited the right to 'free sexuality'" (ibid.). The report adds the following:

The legal measures underscore a dramatic bloom in gay culture here. Last week, a new gay-themed magazine called Diez Porciento (10 Percent), a name that refers to the belief that one out of 10 people in the world is gay, began appearing on the city's newsstands. At least two popular Argentine television dramas now portray gay characters in a positive way; both have featured male and female same-sex kisses.

In May, Noticias, the nation's largest general-circulation news magazine, showed two lesbians on its cover, heralding a story about "Argentina, Sexuality and Change."

"We are having a cultural revolution unlike any other in Latin America," said Cristian Cravello, co-founder of Diez Porciento, which focuses on gay fashion, music, art and pop culture. "As this country is modernizing, and becoming linked with the Internet and communication from around the globe, our attitudes are becoming more modern and more accepting."

Those attitudes are obvious on the fashionable Santa Fe Avenue in Buenos Aires's upscale Barrio Norte, where gay youths gather openly on well-lit corners on weekend nights while slick-dressed men hand out coupons and fliers to gay discos, restaurants and cafes.

"There is a sense that this country is no longer scandalized by the issue of gays," said Paul Kirzner, commercial director of Pol-Ka Productions, producers of the popular television show "Truth/Consequences," which has a gay male character as one of the leads.

It wasn't always that way here. As with much of Latin America, gay society was hidden in the shadows for years, as gays were officially persecuted and viewed as diseased citizens and religious outcasts. Gays and lesbians were barred from holding public office, and were among the thousands who disappeared during the "Dirty War" conducted by Argentina's military dictatorships from 1976 to 1983.

The article adds that:

Although tolerance for homosexuals and lesbians here has not reached the level of the most liberal U.S. and European cities, social acceptance is now arguably the highest in Spanish-speaking Latin America, where gay people frequently are forced to lead secret lives for fear of social ostracism, experts say. But local advocates say that public opinion on the issue has outpaced official policy here for years.

The report states that "Catholic authorities remain opposed to the acceptance of gay society," adding that "leading members of the church have protested the decision to extend retirement benefits to surviving members of gay couples, calling it 'a legal and moral absurdity' and 'offensive to widows and widowers coming from healthy and clean marriages'" (ibid.). The article adds that pressure from the church is reported to have delayed payments to the first 20 applicants for spousal benefits (ibid.). Finally, the report states:

Gay rights advocates add that despite their huge strides in the 13 years since the military dictatorship fell, many more obstacles exist. For instance, laws barring homosexuals from the military remain on the books.

And although acceptance has increased, it is far from absolute. For instance, Diez Porciento's Cravello said many local business interests have resisted advertising in the magazine.

In May 1998 an Action Alert of the International Gay and Lesbian Human Rights Commission reported that a lesbian couple had been denied visitation rights in prison (May 1998). The report states that "they and other women in their situation are fighting for their right to adequate health care, to being recognized as a family and to privacy" (ibid.).

The situation of lesbians in Argentine prisons began to be researched by the Women's Group of the Argentine Homosexual Community (MMCHA) following the release of a convict in 1997, which led to the gathering of numerous reports of discrimination, beatings and taunting by guards (MMCHA 4 Dec. 1999). In a presentation before a 1999 Argentine Lesbian-Feminist Encounter, MMCHA reported on the situation of women in Argentine prisons. The report states that the judicial system has a prejudice against sexual minorities, adding that their members can be viewed as suffering an illness and given lengthier prison sentences than heterosexuals or persons who have a higher education (MMCHA 1999). The report states that doctors in the prison system have labelled lesbians as persons with mental problems requiring prolonged treatment, while prison guards¾many of them "closeted" lesbians, according to the report¾constantly highlight the difference of lesbian inmates, taunting them and provoking extra punishments and fights (ibid.). The health situation inside the prisons is described as desperate, with lesbians and HIV-positive inmates being marginalized in an already dire environment; requests by CHA to allow activists and counsellors access to inmates have not been answered (ibid.).

The International Lesbian and Gay Association provides, in its 1999 World Legal Survey entry for Argentina, at , information on the situation of gays and lesbians in various areas of Argentine society. The document includes a 10 May 1999 report that states the following:

Police, Neighbours Terrorize Lesbian Center: Police and neighbours are terrorizing Buenos Aires' La Fulana Feminist Community Center for Women Who Love Women, the women report. After complaining to police about "disturbing noises," "orgies," "naked parties," "weirdpeople, even transvestites" and "immoral tortilla makers" (a derogatory term for lesbians), a group of neighbors pounded and kicked at the center's door last month and grabbed and beat a woman who responded. They claimed  music coming from the center was too loud. In another incident, a group of men gathered at the center's door and  shouted things such as, "Damned tortilleras, we're going to fuck you all" while grabbing their crotches. Finally, police raided the center in mid-March and removed all the audio equipment (ILGA 11 July 1999).

In its October 1999 issue, the Argentine electronic magazine Mundogay reports the establishment of a service link organization in Buenos Aires, Ser.Uno, which provides referral to gay and lesbian providers of a wide range of professional services "so that no photographs have to be hidden" when repairs or other services have to be carried out at home or to find a psychologist who understands specific situations. The organization also has a legal department to assist in cases of workplace dismissal or other legal problems (Mundogay Oct. 1999).

The October 1999 issue of Mundogay also includes an editorial on "the third wave of gay organizations" that have been emerging over the last two years: "affinity groups" (grupos de afinidad). The editorial describes the first wave as one of initial assertiveness and struggle for basic rights; the second wave are groups dedicated to medical and psychological health of sexual minorities, or "health groups" (grupos de salud). The third wave or generation of groups is not necessarily focused on militancy or health matters, but rather provide a space for persons who share a particular need, taste, appearance or set of values, such as the Buenos Aires Bears Club, the Fierro Leather Club or the Gay Argentinean Athletes (DAG) groups (ibid.). The editorial adds that, while these new groups seem more geared towards personal enjoyment or fulfilment, the earlier organizations continue their particular struggles and attempt to grow, with a certain degree of communication and occasional coordination among them (ibid.).

Additional reports could not be found among the sources consulted within the time constraints of this Response. 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. Please find below the list of additional sources consulted in researching this information request.

International Lesbian and Gay Association (ILGA), Brussels. 1999. World Legal Survey. "Argentina." [Accessed 18 Nov. 1999]

International Gay and Lesbian Human Rights Commission (IGLHRC), San Francisco. May 1998. Action Alert. "Argentinean Lesbian Couple Denied Prison Visitation Rights, HIV-Positive Partner Also Denied Adequate Medical Attention and Medications." [Accessed 19 Nov. 1999]

Mundogay [Buenos Aires]. October 1999. "Primera Empresa de Servicios con exclusivo staff gay-lésbico" and "La tercera ola en organizaciones gays." [Accessed 17 Nov. 1999]

The Washington Post. 28 September 1997. Anthony Faiola. "In Dramatic Change, Gays Are Winning Acceptance in Argentina." (NEXIS)

Women's Group of the Argentine Homosexual Community (MMCHA), Buenos Aires. 4 December 1999. Correspondence.

_____. 1999. Martha Miravete Cicero. Discriminación de las mujeres en la sociedad y en las cárceles y el VIH.

Additional Sources Consulted

Country Reports for 1998. 1999.

IRB databases.

Latin American Regional Reports: Southern Cone Report

Latinamerica Press [Lima].

Internet sites including:

Amnesty International

Clarín [Buenos Aires].

Human Rights Watch.

La Nación [Buenos Aires].

Eight organizations in Argentina contacted did not provide information on the subject.