Peru: Situation of homosexuals and protection available to victims of abuse based on sexual orientation (updates to PER38917.FE of 13 May 2002 and PER33936.E of 10 May 2000)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Ottawa |
| Publication Date | 5 August 2003 |
| Citation / Document Symbol | PER41826.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Peru: Situation of homosexuals and protection available to victims of abuse based on sexual orientation (updates to PER38917.FE of 13 May 2002 and PER33936.E of 10 May 2000), 5 August 2003, PER41826.E, available at: https://www.refworld.org/docid/485ba8788.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. |
Information beyond that provided in PER38917.FE of 13 May 2002, PER33936.E of 10 May 2000 and PER40216.E of 1 November 2002 was scarce among the sources consulted by the Research Directorate. PER40356.E of 15 April 2003, on the situation of HIV-positive persons, contains a brief reference to a recent case of discrimination against a gay man on the presumption of being HIV-positive due to his sexual orientation.
A country guide published in London by GayTimes provides the following information on Peru:
Whilst homosexuality is legal in Peru persecution of gays and lesbians does still occur. For example there are periodic raids on gay bars and clubs. In 1996 such raids led to 600 arrests.
Not withstanding this there is a surprisingly active gay scene centred in Lima. There are over 10 clubs and bars, 3 saunas and even 4 gay hotels. In 1997 Peru had its first gay parade and there are several LGBT organisations including the Homosexual Movement of Lima (MHOL), founded in 1983.
...Homosexual acts, in private and between consenting adults, are not illegal. Laws referring to "public morality" however are often used against gays and lesbians. The Constitution and numerous other pieces of legislation include anti-discrimination provisions, but none refer to sexual orientation specifically. Gays are banned from the armed forces and the police (GayTimes 2003).
The same travel guide gives Peru a rating of three "pink stars" (in a range of zero to five) (ibid.). According to GayTimes,
...The number of stars awarded mostly depends on the legal position of gays and lesbians in the country. However, we have also taken into account other factors such as what the gay scene is like and the general culture of each country (ibid. 6 Jan. 2002).
A three-star rating reportedly denotes a country where
Homosexuality is legal but there is no positive legal protection of gays. Whilst pockets of prejudice against gays and lesbians exist generally gays are tolerated by society and by the State and left alone or simply just ignored. There is likely to be little or no harassment by the authorities. A small gay scene is likely to exist with at least a few bars, clubs and gay organisations in major population centres (ibid.).
Please note that the rating system also details, without specifically referring to Peru, reasons for adding or reducing the rating of a country:
Additional factors for awarding an extra Half Star:
- Vibrant and energetic gay scene with very large numbers of venues and organisations catering for the gay and lesbian community
- Despite the legal position there are greater levels of tolerance and freedom in society than you might expect
Additional factors for deducting a Half Star:
- Tiny or virtually non-existent gay scene
- Despite the legal position there are higher levels of homophobia, repression and violence towards gays and lesbians than you might expect (ibid.).
Please find attached three articles published in 2002 that refer to activities and perceptions of members of the gay community in Peru. These include two articles referring to the country's first gay pride parade, and concerns over actions and statements by the Catholic University of Peru relating to homosexuality (AP 7 July 2002; The Chronicle of Higher Education 4 Oct. 2002; Weekly News Update 23 June 2002).
Please note that some websites providing gay-themed information on Peru could not be accessed from the IRB network for the purposes of researching this Response to Information Request and within time constraints; these include Gay Lima, GayPeru.com and GayGuide/Global Gay Guide Network: South America.
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
GayTimes [London]. 2003. "Peru."
_____. 6 January 2002. "Guide to the Pink Star System."
Additional Sources Consulted
Amnesty International Report 2003. 2003
Country Reports on Human Rights Practices 2002. 2003
Human Rights Watch World Report 2003. 2003
IRB Databases
WNC/FBIS
Internet sites and search engines, including:
Amensty International
Foreign & Commonwealth Office [London]
Gay Latino [Buenos Aires]
GrayGay.com
GuiaGay.com
International Gay and Lesbian Human Rights Commission (IGLHRC), San Francisco
International Lesbian and Gay Association (ILGA), Brussels
Movimiento Homosexual de Lima (MHOL)
PinkPassport.com
Attachments
Associated Press Worldstream (AP). 7 July 2002. Drew Benson. "Peruvians March With Caution in First Gay Pride Parade." (NEXIS)
The Chronicle of Higher Education. 4 October 2002. Lucien Chauvin. "Lima Students Decry Homosexuality Tract. (NEXIS)
Weekly News Update on the Americas [New York]. 23 June 2002. "Peru: Permit Denied for Gay Pride." ([email protected])