Colombia: Update to COL19862.E of 16 February 1995 on the treatment of homosexuals and protection available
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 7 September 2001 |
| Citation / Document Symbol | COL37801.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Colombia: Update to COL19862.E of 16 February 1995 on the treatment of homosexuals and protection available, 7 September 2001, COL37801.E, available at: https://www.refworld.org/docid/3df4be2234.html [accessed 17 September 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
This Response provides information on the situation of homosexuals in Colombia, in addition to that provided in COL19862.E of 16 February 1995, COL28518.E of 21 January 1998 and COL29454.E of 5 June 1998, and reports of the International Gay and Lesbian Human Rights Commission (IGLHRC) among other publications available through Regional Documentation Centres.
Some recent publications provide information published earlier, although with possibly relevant background information. For example, relying mostly on information from the mid and late-1990s, the April 2001 report of the Immigration and Nationality Directorate (IND), Colombia Country Assessment, reports
It is not against Colombian law to be homosexual, but a considerable amount of public ill-will exists, as in most Latin American countries where a machismo attitude is widespread. Homosexuals are occasionally attacked by vigilante groups who excuse their actions as 'social cleansing'. Hundreds of people have allegedly been killed by 'death squads', presumably paramilitaries, who are believed to have the support of the security forces, to rid towns and cities of homosexuals who are considered 'disposable'. Prostitutes, including child prostitutes have been similarly treated.
... Sexual orientation is less of a barrier to administrative office. In 1997, the Department of Valle del Cauca (where the cities of Cali, Palmira and Tulua are located) elected an openly gay governor, Gustavo Alvarez Gardeazabal, former mayor of Tulua.
One human rights organisation, Grupo de Ambiente, has documented 328 murders by death squads of homosexuals between 1986 to 1990. The group maintains there is still strong societal prejudice against homosexuals.
However, a raft of administrative changes and court decisions since 1995 have brought in a different environment of rights and precedents. In December 1998, private contract same-sex marriages evolved. In September 1999, partners of same-sex relationships nearly won the right of inclusion in obligatory health insurance plans. In July 1999, ruling by the Constitutional Court forbid bans on gays serving in the military forces. The same court ruled, in September 1998, schoolteachers could not be fired for being openly gay, having ruled in April 1998 that students could not be dismissed by any school, including private religious schools, for being gay. Domestic partnership recognised in inheritance and disability benefits cases in May 2000 and November 1999 respectively. The Constitutional Court in May 1999 and August 1999 forbid non-consensual intersex genital mutilation (IGM)--where surgeons alter atypical genital mutations at birth, where there is no reason other than "normalisation" of sexuality (Section 5Bii).
The 1994 detailed report by exiled Colombian activist Juan Pablo Ordoñez, No Human Being is Disposable, was published in electronic format on the Internet in 1997 (TLAA 1997), while the March 1998 UNHCR Background Paper on Refugees and Asylum Seekers from Colombia bases on 1993 sources the following:
Although homosexual behaviour between consenting adults is not considered a criminal offence in Colombia, society in general has a negative attitude towards homosexuality. Death squads target homosexuals, and the most serious violations of fundamental rights are said to be committed against transvestites and sex workers or prostitutes. Other abuses, such as rejection in educational institutions and denial of housing or employment, are said to occur frequently, but the victims do not denounce these violations for fear of scandal or additional problems. Serious risks are said to be faced mostly by homosexuals who engage in high-profile activism or who are considered "disposable" (desechables) and as such become victims of "social cleansing" murders.
More recent reports from, 1998 to 2001, state that the "social cleansing" murder of street prostitutes and homosexuals, sometimes referred to as "disposables," continues (Country Reports 2000, Sec. 5; AI Report 1999 1999; The Ottawa Citizen 17 Apr. 2001).
A comprehensive overview of developments related to the situation of homosexuals in Colombia from 1995 through mid-2000 can be found at the Website of the International Lesbian and Gay Association (ILGA), including information on court rulings, government measures and violence (ILGA 23 June 2000). ILGA also provides a 1996 report dealing with "social cleansing," Human Rights Violations in Colombia and Honduras" (ibid. 1996).
Nevertheless, on 23 June 2000 "Gay Pride marches" were held in Bogota and Medellin (Weekly News Update 2 July 2000). According to a report, "e ach of the marches had about 1,000 participants--including gay men, lesbians, transvestites and transsexuals--and numerous spectators cheering them on," adding that "in Bogota the march was called the 'Third Carnival of Sexual Diversity'" (ibid.).
On the subject of protection, no specific references to protection measures specific to homosexuals could be found. However, recent information on the subject of protection in general and for specific groups can be found in recent Responses, such as COL37597.E of 21 August 2001, COL37210.E of 11 July 2001, COL35058.E of 15 September 2000, COL35096.E of 14 August 2000, COL33287.E of 24 January 2000, COL33167.E of 29 November 1999, COL33286.E of 21 January 2000 and COL32840.E of 1 October 1999.
Further to these Responses, the Colombian office of the United Nations High Commission for Human Rights (UNHCHR) provides a number of references to protection systems and their shortcomings in its 8 February 2001 Report of the United Nations High Commissioner for Human Rights on the Human Rights Situation in Colombia. In addition to references found in sections 151-154, 171-181, 194 201 and 222 of the report, Section D, "Recommendations on the protection of vulnerable groups," states the following:
As in previous years, the Office tried to obtain information on the State's undertaking that the Procurator-General would review the military intelligence files containing information on members of non-governmental organizations. The Office received a copy of the said report in December. The document gives cause for concern because of the absence of an exhaustive investigation, of mechanisms to ensure the correction or deletion of data that does not have national security implications and of provision for periodic review of the data to prevent the emergence of new unlawful practices.
During 2000, the Office monitored the operation of the Ministry of the Interior's Protection Programme for human rights defenders and trade unionists and took note that some of the administrative problems mentioned in the Office's 1999 report had been resolved. In particular, it saw that the provision of telephones and radio communication equipment to people at risk has, in some cases, had a preventive and deterrent effect. Likewise, the High Commissioner commends the efforts to continue strengthening this programme by extending it to other sectors of society at risk.
Notwithstanding the above, the efficiency of the Programme as implemented by the Administrative Department of Security (DAS) was affected by a number of problems, including discrepancies in the risk evaluations concerning the beneficiaries of the Programme and the absence of funds for the provision of bodyguards. On the latter point, the Office asked DAS in July to implement the decisions of the Risk Control and Evaluation Committee and take the steps necessary to provide security schemes to more than 20 Programme beneficiaries.
In this respect, it is disturbing to see that people who were classified after a risk evaluation as being at high risk have been attacked because they did not have suitable protection. This was the case of the attack against Ricardo Herrera, a trade union leader in Cali, during which another trade unionist, Omar Noguera, who was accompanying him, was killed. In this instance, the Inter-American Commission on Human Rights had requested the adoption of precautionary measures, but they had been refused. There have also been cases, such as that of the trade union leader Wilson Borja, of people being attacked despite being under protection. The progress notwithstanding, the main problem in Colombia today is the lack of an efficient prevention policy. In addition, it must be repeated that the protection and guarantee of people's fundamental rights, in particular those of human rights defenders and trade unionists, cannot be separated from an effective and parallel policy of combating impunity and of action against those who are the source of risks, especially the paramilitary groups.
Another recent report, by the Committee to Protect Journalists, reports the following:
During the abduction [of El Espectador reporter Jineth Bedoya, her] assailants told her they planned to kill three other journalists, including the head of El Espectador's investigative unit, Ignacio Gómez, who at that time also served as director of the local press freedom organization Fundación para la Libertad de Prensa (FLIP).
The day before Bedoya was attacked, a man whom Gómez recognized as a member of the paramilitary forces tried to force him into a waiting taxi. Gómez left the country less than a week later, after the police told him that they could not protect him (CPJ 7 Mar. 2001).
Although the report indicates that by year-end no one had been arrested in relation to Bedoya's abduction, which occurred in a waiting area of a high-security prison, it also adds that:
In response to CPJ's May 31 letter protesting the assault on Bedoya, President Pastrana wrote that his government would "strengthen the actions it has taken in defense of freedom of expression." On August 18, the government established the Program for the Protection of Journalists and Social Communicators. A number of journalists, including Bedoya, have been supplied with bodyguards (ibid.).
Please note that most of the above-cited and other reports name the Administrative Security Department (Departamento Administrativo de Seguridad, DAS) as the police force responsible for protection measures. However, a director of DAS was himself reported abducted by guerrillas on 4 September 2001 (Caracol 4 Sept. 2001).
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.
References
Amnesty International Report 1999. 1999. "Colombia." London, Amnesty International.
Cadena Radial Colombiana (Caracol), Bogota. 4 September 2001. "El gobierno condena secuestro del jefe de extranjería del DAS."
Centre for Documentation and Research, Geneva. March 1998. Background Paper on Refugees and Asylum Seekers from Colombia.
Committee to Protect Journalists (CPJ), New York. 7 March 2001. Attacks on the Press 2000. "Colombia."
Country Reports on Human Rights Practices for 2000. February 2001. "Colombia." Washington, DC: US Department of State.
The Latin American Alliance (TLAA), Santa Rosa, Calif.. 1997. Juan Pablo Ordoñez. No Human Being is Disposable: Social Cleansing, Human Rights, and Sexual Orientation in Colombia. (1994)
Immigration and Nationality Directorate (IND), London. April 2001. Colombia Country Assessment.
International Lesbian and Gay Association (ILGA), Brussels. 23 June 2000. World Legal Survey: Colombia.
_____. 1996. "Cleaning Up the Streets"--Human Rights Violations in Colombia and Honduras.
The Ottawa Citizen. 17 April 2001. Final Edition. Dan Gardner. "'The Western Hemisphere's Gravest Humanitarian Crisis': A Brutal, Low- Tech Civil War Between Colombia's Government, Two Guerrilla Factions and Paramilitaries Has Forced Thousands of Men, Women and Children Into a Life of Misery in Bogota's Violent Barrios." (NEXIS)
United Nations High Commissioner for Human Rights (UNHCHR), Bogota. 8 February 2001. Report of the United Nations High Commissioner for Human Rights on the Human Rights Situation in Colombia. (E/CN.4/2001/15)
Weekly News Update on the Americas [New York]. 2 July 2000. No. 544. "Marchers Celebrate Sexual Diversity in Latin America." ([email protected]) [Accessed 3 July 2000]
Additional Sources Consulted
Latin American Regional Reports: Andean Group Report [London]. 1998-2001.
Latinamerica Press [Lima]. 1998-2001.
News From Human Rights Watch [New York]. 1999-2001.
IRB Databases.
Internet websites, search engines and electronic archives, including:
Amnesty International.
Andean Commission of Jurists, Lima.
El Espectador [Bogota].
Human Rights Watch.
Proceso de Paz [Bogota].
Note:
This list is not exhaustive. Country and subject-specific publications available at the Resource Centre are not included.