the emerging challenges and opportunities for the

THE EMERGING CHALLENGES AND OPPORTUNITIES FOR THE LGBT+ POPULATION IN POST-ACCORD COLOMBIA by

Steven James Grattan Student ID: 159050789 March 2015 Intake Word count: 14,004

A dissertation submitted in partial fulfilment of the requirements for the degree of MA Human Rights and Global Ethics at School of History, Politics and International Relations Department of International Relations and Politics The University of Leicester

March 2018

Supervisor: Dr Helen Dexter

Table of Contents ABSTRACT ........................................................................................................................................... 3 ACKNOWLEDGEMENTS................................................................................................................... 4 LIST OF ABBREVIATIONS ............................................................................................................... 6 List of related terminology* ......................................................................................................... 7 Introduction ....................................................................................................................................... 9 Research question: ...................................................................................................................................10 Central argument:.....................................................................................................................................10 Structure: .....................................................................................................................................................11 Methodology: ..............................................................................................................................................13

Chapter 1: Colombia: the origins of the conflict and LBGT+ rights ................................ 0 1.0 - Colombia: Political and historical overview ............................................................................ 0 1.1 - Peace negotiations ............................................................................................................................ 2 1.2 The Human Rights situation for the LGBT+ population in Colombia ............................... 4 1.3 Ongoing prejudice against the LGBT+ population ................................................................... 6 1.4 Violence against LGBT+ communities .......................................................................................... 7

Chapter 2: Transitional justice: challenges and opportunities.....................................10 2.0 The importance of Transitional Justice in post-conflict scenarios ..................................10 2.1 Queering Conflict and Transitional Justice ..............................................................................12 2.2 Queering Colombia’s conflict .........................................................................................................13 2.3 Case Study of Northern Ireland ....................................................................................................14

Chapter 3: The LGBT+ population during and post conflict ...........................................19 3.0 Sub-commission on gender in the Havana negotiations .....................................................19 3.1 Homosexual agenda-peddling? Colombia’s plebiscite and the impact of LGBT+ issues .............................................................................................................................................................20 3.2 Living under suspicion: case studies from the armed conflict ..........................................22 3.2.1 Attitudes of the FARC towards LGBT+ people .....................................................................24 3.2.2 Threats from neo-paramilitary groups ..................................................................................25 3.3 The inclusion of LGBT+ rights in the Havana negotiations and the final peace accord .........................................................................................................................................................................27 3.4 The LGBT+ population in Post Accord Colombia ...................................................................28

Conclusions ......................................................................................................................................30

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The LGBT+ populations opportunities and challenges ...............................................................30

APPENDICES .....................................................................................................................................33 Appendix 1 - List of points related to the LGBT+ population extracted from the Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace: ....................33 Appendix 2 - Original copies of pamphlets (in Spanish) of Aguilas Negras paramilitary group, as translated on page 30. .........................................................................................................37

References ........................................................................................................................................38

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ABSTRACT

In 2016, the Colombian government and the FARC-EP signed a peace agreement that ended 52 years of armed conflict. During this period, the human rights of minority groups – including the LGBT+ community – were differentially abused. Colombia's Peace Accords are unprecedented, however, in their inclusion of LGBT+ protections, earning the country international praise. Despite this, on the local level these inclusions were considered highly controversial, and were indeed protested by conservative elements of society. This dissertation addresses the question: have the Peace Accords offered new opportunities for the LGBT+ population in post-accord Colombia? It engages with a unique application of “Queering Justice” theory to provide provide a comprehensive pre-accord overview of the human rights abuses experienced by this vulnerable population. In order to assess the post-accord situation, it then looks at a myriad of positive legislative changes made by Colombia’s Constitutional Court. Ultimately, it argues that not enough is being done to implement these normative within society. The work also addresses the main contemporary opportunities and challenges that face the LGBT+ community, including the emergence of paramilitary activity in areas where the FARC have demobilised and the continuing staunch opposition from the Catholic and evangelical religious groups. Finally, it engages in a comparative study with the transition in Northern Ireland.

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ACKNOWLEDGEMENTS

First and foremost, I dedicate this dissertation to my parents, Arthur and Caroline, without whom this MA would never have happened. My appreciation for your continued support and encouragement for everything I do in life is beyond words. Thank you. I also dedicate this work to the late Virginia Bouvier for all of her important work on peacebuilding, gender and LGBT+ rights in Colombia. I would like to acknowledge the greatly important work of the NGOs that have been documenting LGBT+ issues, especially Colombia Diversa and Corporación Caribe Afirmativo. I also applaud the Colombian journalists who cover important diversity issues and the brave LGBT+ Human Rights defenders putting their lives on the line. I want to thank my tutor, Dr. Helen Dexter and my friends for their support through this process - especially Emma and Julia. And finally, this work is in remembrance of the LGBT+ victims of the Colombian armed conflict.

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“Prejudices, it is well known, are most difficult to eradicate from the heart whose soil has never been loosened or fertilised by education: they grow there, firm as weeds among stones.” - Charlotte Brontë

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LIST OF ABBREVIATIONS

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List of related terminology* Gender: A social construct used to classify a person as a man, woman, or some other identity. It is fundamentally different from the sex one is assigned at birth. Gender Identity is understood to refer to each person’s deeply felt internal and individual experience of gender, which may or may not correspond with the sex assigned at birth, including the personal sense of the body (which may involve, if freely chosen, modification of bodily appearance or function by medical, surgical or other means) and other expressions of gender, including dress, speech and mannerisms. Homophobia is an irrational fear of, hatred or aversion towards lesbian, gay or bisexual people. Because the term homophobia is widely understood, it is often used in an allencompassing way to refer to fear, hatred and aversion towards LGBT people in general. Intersex: An intersex person is born with sexual anatomy, reproductive organs, and/or chromosome patterns that do not fit the typical definition of male or female. This may be apparent at birth or become so later in life. An intersex person may identify as male or female or as neither. Intersex status is not about sexual orientation or gender identity: intersex people experience the same range of sexual orientations and gender identities as non-intersex people. Sex: A categorization based on the appearance of the genitalia at birth. Sexual Diversity: This term refers to the full range of sexuality which includes all aspects of sexual attraction, behavior, identity, expression, orientation, relationships and response. It refers to all aspects of humans as sexual beings. Sexual Orientation: Refers to each person’s capacity for profound emotional, affectional and sexual attraction to, and intimate and sexual relations with, individuals of a different gender or the same gender or more than one gender. Sexuality: A person’s exploration of sexual acts, sexual orientation, sexual pleasure and desire. Trans / Transgender: Transgender (sometimes shortened to “trans”) is an umbrella term used to describe a wide range of identities—including transsexual people, cross-dressers (sometimes referred to as “transvestites”), people who identify as third gender, and others whose appearance and characteristics are perceived as gender atypical. Trans women identify as women but were classified as males when they were born. Transmen identify as men but were classified female when they were born. Some transgender people seek surgery or take hormones to bring their body into alignment with their gender identity; others do not. *All of these terminologies will be mentioned at some stage within this dissertation. These terminologies have been extracted from: the United Nations Free and Equal Campaign, Amnesty International, the University of California, Los Angeles’ LGBT Campus Resource Center, the University of California and San Francisco LGBT Resource Center

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"I will get up, and I will look straight ahead With my head held high to one side, the crying will stop. And I will walk hand in hand with the one who always supported me, To shout at life that today I want to be me!" (Londoño, 2017)1

A song lyric written by a participant from the first collective reparation group for LGBT+ people in Colombia’s Antioquia department. 1

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Introduction Despite manifold successes in recent years, the political struggles of the LGBT+2 population (Lesbian, Gay, Bisexual, Transgender) remain a salient topic of scholarly focus, particularly in conservative countries in the global South. The social challenges related to the acquisition of civil and human rights of the LGBT+ population have made great advances in many countries over the past five decades (Roth, 2016). Despite this, we cannot ignore that discrimination is still present in all areas of the public and private life for this population. Colombia is no exception; cultural representations of the LGBT+ population in this country have incubated prejudices strongly rooted in imaginary collectives, which relate homosexuality and alternate gender identities with moral deviation. These, along with a staunch opposition from the Catholic and Evangelical Churches and right-wing political parties, have created a hostile environment for the LGBT+ population in Colombia (Bouvier, 2016).

Colombia has seen many positive advances in its legislative sphere related to LGBT+ human rights. Gay adoption was legalised in 2015 (Semana, 2015), along with legal changes allowing transgender people to change the official identity on their national identification cards3 (Grattan, 2015), and most recently, gay marriage was legalised in 2016 (BBC News, 2016). The 2016 Colombian Peace Accords included many points related to the LGBT+ rights4, with many in the international sphere (UN and the media) praising it as the first time this has been achieved in the context of a peace agreement to end conflict.

According to government statistics, there have been 2,150 reported incidents of people from the LGBT+ population suffering multiple victimisations in the context of the Colombian armed conflict that was raged principally between the Government and the FARC5 for over 52 years. Broken down, these statistics further show that these incidences of violence resulted in 2

There are many different versions of this abbreviation, especially between the Spanish and English language, including the addition of Queer and Intersex, in some cases. For the sake of this dissertation, we will use the commonly accepted LGBT+ in English, however in some quotes the abbreviation LGBTQ or LGBTI may appear, which should be interpreted as equal to LGBT+. 3

Prior to this, trans people had to convince a psychiatrist that they had sexual dysphoria or they would have had to have undergone a sex-reassignment surgery. 4

See information provided in Annex of points related to the LGBT+ inclusion in peace accord.

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Spanish acronym for Fuerzas Armadas Revolucionarias de Colombia. Revolutionary Armed Forces of Colombia, formed in 1964.

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forced displacement (1,982 victims), threat (469), homicides (105) and crimes against freedom and sexual integrity (169)6 in many cases motivated by their sexual orientation and gender identity (Unidad de Victimas, 2017). It is important to clarify, as the Centre for Historical Memory highlights, that these reported statistics are suspected to be significantly lower than the actual number of violations carried out. This is due to the negative stigma attached to belonging to the LGBT+ population in Colombia as well as the history of institutional violence toward the LGBT+ population makes many too afraid to register (Barrett, 2017). It also stems from a fear of re-victimisation (from guerrilla, paramilitary, or criminal groups) if one legally reports a crime to the institutions of the state.

At face value, all of these developments seem to represent great strides in terms of equality, however, the reality for many LGBT+ people, especially those living in rural Colombia, is not so positive, with many still facing prejudice and violence for being open about their sexual orientation or gender identity.

Research question:

This dissertation will answer the question: Do the Colombian Peace Accords represent a new opportunity for the recognition of LGBT+ human rights in post-accord7 Colombia?

Central argument:

Human Rights in Colombia have long been a moral and political battleground, as Chambers (2013) writes. Taking this into consideration, this dissertation aims to highlight the atrocities carried out against the LGBT+ population, as a minority group, and to show how they have fought for the recognition of their human rights since the beginning of the armed conflict. The 52-year-long armed conflict in Colombia had a massive impact on the LGBT+ population, with hostility from right-wing paramilitary groups as well as Marxist guerrillas and a

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Bearing in mind that one individual can suffer multiple incidents. Other victimisations include recruitment (to illegal armed groups), forced disappearance and torture. 7

There has been much controversy surrounding the use of the terms post-conflict and post-accord. As a result of the peace agreement between the Colombian Government and the FARC, there are still many other factors to be taken into account before peace will be implemented, such as the ceasefire with ELN rebels as well as new dynamics of violence in previous FARC strongholds. As a result of this ongoing violence and conflict, for the sake of this dissertation the term post-accord will be used.

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staunchly fierce opposition to homosexuality from the Catholic and, more recently, evangelical religious movements within the country.

This dissertation will posit that although there have been many legislative and legal triumphs for the LGBT+ population in recent years, as well as the recognition and inclusion of their human rights within the Peace Accords that there is still a lack of acceptance for this population, especially in rural Colombia and, in particular, against the trans population.

The very inclusion of the LGBT+ population in the accords is indicative of the violence that has been perpetrated against them. It is also a real opportunity for victims to find justice and for societal change. Greater efforts need to be put in place to ensure that there is more emphasis on ensuring protection, social acceptance, and recognition of LGBT+ rights within the continuing peace process. In relation to addressing the past abuses towards this population, it will also be argued that transitional justice (TJ)8 techniques need to be further developed in the post-conflict scenario, especially those of reparation, ensuring that LGBT+ victims receive the answers they deserve from those who perpetrated attacks against them during the armed conflict.

Structure:

The dissertation will be divided into three chapters. In concert, these chapters come together to develop the overall argument that the Colombian Peace Accords have made way for the de facto recognition of the LGBT+ population human rights, but that there is much work to be done in terms of improving de jure prejudices and attacks against this population in rural Colombia. The first chapter will provide a political and historical overview of Colombia’s complex conflict. It will then look at the history of peace negotiations in the country before moving on to look at the Human Rights situation for the LGBT+ population in Colombia, with a focus on the ongoing prejudices and violence against this population.

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Transitional justice consists of judicial and non-judicial measures implemented in order to redress legacies of human rights abuses. Such measures "include criminal prosecutions, truth commissions, reparations programs, and various kinds of institutional reforms". (International Center for Transitional Justice, 2018)

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The second chapter examines the mechanism and history of the concept of Transitional Justice and how Queer theory could be applied, particularly in Colombia’s case. By examining the case study of Northern Ireland, the chapter draws parallels with Colombia and highlights lessons that can be learned. This will answer the question as to why it is important for minority groups such as LGBT+ to be included in these types of accords. The third chapter begins with an in depth look at the LGBT+ populations human rights and how the situation was pre- and post- accord, particularly the rise in violence against social leaders and human rights defenders. We will look at the way that the sub-committee on gender was formed, leading to the inclusion of LGBT+ rights in the final peace accord. This chapter aims to answer whether or not the problems that faced the LGBT+ population before the agreement are now being adequately addressed in the post-accord era, and will demonstrate that there is more need for TJ techniques to be implemented to ensure that the past abuses on this population are properly addressed. The conclusion of this work will make the point that there are indeed advances in the opportunities for the LGBT+ population, and that recognition of their human rights through inclusion in the Peace Accords was a significant step forward. It will also argue that although it looks at face value that more effort is needed to really implement the legislation within society, as Colombia has a legal tradition of having nicely written legislation, but they face a lot of issues on actually enforcing it within the law. The latter highlights a major task in rural areas, where law enforcement continues to be challenging, as it involves changing social prejudices and cultural perception related to the LGBT+ population. It will also mention the many challenges facing the population, such as the rise in paramilitary activity in areas where the FARC have demobilised and the continued stance against LGBT+ rights by religious movements.

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Methodology: Due to the sensitivity of issues related to the victims of armed conflict and the ethical restrictions put in place by the university, the research for this dissertation has been conducted through relevant primary and secondary sources published by academics, non-governmental organisations, government organisations, and media outlets. These include both local and international sources. As this dissertation does not include original fieldwork, and in order to offer a grounded, contextualised, and experiential understanding of the experiences of victimisation, I have also included case studies and interviews (sources from within the aforementioned reports). It is worth noting that there is a dearth of academic research on this topic, as the issue is part of a relatively new field of study. With that said, there are a few published pieces that touch on the topic of the new opportunities and challenges for the LGBT+ population in post-accord Colombia, and these have been heavily consulted in the research process.

Various Colombian NGOs such as Colombia Diversa, Caribe Afirmativo and Fundacion Santa Maria have been advocating for LGBT+ human rights in the country since 2004, when Colombia Diversa was formed. However, there has been little other research or publication of specialised reports about the violence exerted against the LGBT+ population in the framework of the Colombian armed conflict. The Centre for Historic Memory has also been collecting statistical information and publishing content (including case studies) on the issue of LGBT+ victimisation within the armed conflict over the past few years, some of which will be featured within this dissertation.

The information and data collected and published within these reports will form the majority of the empirical evidence used in this dissertation. I also undertook an extensive translation exercise, due to a large number of sources coming from Spanish-language Colombian academia and media.

As the Peace Agreement was only signed in 2016, the issue of LGBT+ challenges and opportunities is rather new, and is accordingly not widely included in academic literature. As such, local journalistic work from Colombia has provided valuable material for the construction of this dissertation. This work offers differing analysis regarding the situation of the LGBT+ situation pre and post accord, the controversial debate surrounding the inclusion

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of LGBT+ issues within the Peace Accords, and shines a light on the current situation and changes that have been made since the signing. The purpose of this dissertation is to draw upon these sources and to assess the strength of arguments regarding the fundamental question at the centre of this field of study: do the Peace Accords represent a new opportunity for the recognition of LGBT+ human rights in post-accord Colombia?

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The emerging challenges and opportunities for the LGBT+ population in post-accord Colombia

Chapter 1

Chapter 1: Colombia: the origins of the conflict and LBGT+ rights

Ever since Colombia achieved independence in 1819, the country has suffered violent polarisations. Most recently, it has seen the longest conflict in the Western hemisphere – a conflict which officially ended on November 24, 2016 when the government signed a revised peace agreement with the largest guerrilla group, the FARC. Whether Liberal or Conservative, rural or urban, left-wing guerrillas or right-wing paramilitaries, these extremes still play a huge part in the society we see today. In order to fully understand the LGBT+ population in Colombia, one needs to examine the historical context of the country – including the conflict and the political context of the country’s main players.

1.0 - Colombia: Political and historical overview

Colombia has a long and complex history of violence, of which the armed conflict which started in 1964 – the western hemisphere's longest running war (Walker, 2016) – is just one chapter. While the war was ostensibly waged between the government and the FARC, a group of Marxist-Leninist rebels, other actors have also played huge parts such as right wing paramilitary groups, other guerrilla organisations (ELN, EPL, the Quintin Lame Movement) and drug traffickers. The conflict has resulted in over seven million internally displaced people, uncountable disappeared people and kidnappings and over 220,000 deaths (Herbolzheimer, 2016).

The roots of this most recent conflict go back to the end of nineteenth century and to a long history of violence between the Conservatives and the Liberals. The assassination of the populist Liberal Party leader and Colombian Presidential candidate Jorge Eliécer Gaitán in 1948 sparked massive riots known as ‘El Bogotazo’9. In his book, Bushnell (1993) writes: “Hell broke out on April 9, when Gaitán was killed in the streets of Bogotá as he left his office” (p276). 'El Bogotazo' is how this event is referred to outside Colombia, while Colombians refer to the event as Abril 9. The last term is preferable, because El Bogotazo

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There is no literal translation for this - it refers to the short period of violent riots in Bogota in 1948.

refers specifically to the riots that occurred in the capital, destroying an enormous part of the city centre and leaving 5,000 people dead. In fact what happened was an outbreak that affected almost the entire nation, with violent protests not only in the big cities but also in many areas where with a large Liberal majority (Bushnell, 1993, p277). Many historians consider that ‘El Bogotazo’ was the start of the period referred to as ‘La Violencia’ (The Violence), which raged from 1948 to 1958 and left over 200,000 dead. The clashes between supporters of the Liberal Party and the Conservative Party were characterised by extreme violence, which included murders, aggressions, persecutions, destruction of private property and terrorism due to political alignment. (El Espectador, 2014).

Even before this Colombia suffered high levels of bloodshed in small cities and rural villages, where different armed factions fought against the Conservatives and powerful land tenants.. One key factor in the division was the unopposed rule of Conservatives from 1886-1930. This fed the feeling of exclusion of many Liberal supporters, who were mainly workers and peasants in rural areas.

Thus the seeds were sown in the late nineteenth and early twentieth centuries for both paramilitarism, as land owners formed and hired armed self defence units, and the left-wing guerrilla groups as liberalist ideology was overtaken by left wing and communist ideology. In 1964, both the Marxist-Leninist FARC (Revolutionary Armed Forces of Colombia) – Colombia’s largest rebel group – and the Marxist ELN (National Liberation Army) – Colombia’s second largest rebel group – were born.

Paramilitary groups were legally sanctioned in Colombia between 1965 and 1989 (Arnson, 2004) as the state attempted to combat guerrilla groups in areas where it had little or no presence. However, these groups went on to become “vast illegal armies in the service of private interests” and have since been found to be responsible for the “majority of the violations of international humanitarian law – murders, massacre, torture, and displacement” committed between 1994 and 2002.

In addition to the growth of these key players, it could be argued that the profusion of violence and commonplace use of violence to resolve issues, also sowed the seeds for some of

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the violent responses towards the LGBT+ and other communities highlighted in this dissertation.

1.1 - Peace negotiations While the most recent peace negotiations with the FARC are at the front of people’s minds, it should not be forgotten that the FARC are one of several armed groups, nor that this is one of several peace negotiations.

Other actors throughout the 52-year-old conflict further complicated the political situation; the emergence of illegal drug trafficking groups in the late 70s and 80s, as well as paramilitary organisations, only served to intensify violence against the civilian population (Denissen, 2010). In addition, the activities of these groups weakened the presence of the state in many departments leaving the LGBT+ population unprotected by the law.

Given the far-right social leanings of the paramilitary groups and the extreme-left ideologies of the guerrillas, the LGBT+ population were greatly affected in various ways such as public shaming and forced displacement (Colombia Diversa, 2017), which will be looked at in detail within this dissertation.

The National Government's efforts to negotiate peace with armed groups have been present since the 1980s. Peace processes have been carried out with the M-19 Movement, the Quintín Lame Armed Movement (MAQL), the People's Liberation Army (EPL), the Revolutionary Workers Party (PTR), the Socialist Renewal Current (CRS) – a group dissident of the National Liberation Army (ELN) – and the Urban Militias. One such negotiation in the 1990s, saw the demobilisation of around 5,000 combatants from five guerilla groups, including the M-19 Movement, and also resulted in the formation of the 1991 Constitution. Members from some of these groups, such as former Bogotá mayor and current presidential candidate Gustavo Petro, have successfully transitioned into active politics.

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Other peace negotiations have been less successful. From 2003 to 2006, around 30,000 supposed members of the United Self-defence Forces of Colombia10 (AUC) agreed to end their violent campaign – motivated in part by the promise of a general pardon of fighters by the government, and reduced prison sentences for mid and high level commanders (International Centre for Transitional Justice, 2018). The process was widely criticised because of the lack of an effective truth and reconciliation process, the lack of involvement of victims and the high levels of impunity. In addition, many of the demobilised fighters did not rejoin society, instead joining other armed groups – now called Bacrim – or forming new ones such as the Usuga clan which is active in many areas today (Brodzinsky, 2016). Likewise, unsuccessful peace talks have been held with the FARC and the ELN over the years. (Carrillo-Ballesteros, 2015, p14). Colombia’s president, Juan Manuel Santos, held a plebiscite11 after the peace negotiations finalised in Havana, in order to assess the public support on the issue. Upon announcement of the plebiscite, the ‘Yes’ and ‘No’ campaigns were formed. Colombians were voting on whether they supported the peace agreement, or not. To the international world’s surprise (as well as a lot of Colombia) the majority, albeit by a very small margin, voted against it12 (Idler, 2016). The result prompted President Santos to keep his word and go into negotiations with those who opposed the agreement, including former president Álvaro Uribe – the opposition leader – and revise the content of the peace agreement before the final signing could take place.

The Colombian peace agreement was signed on the 24 November 2016, after four years of negotiations between the government and the FARC in Havana, and two earlier years of secret negotiations (Brodzinsky, 2016). Examining some of the previous peace processes gives a sense of the number of interconnected players who have held or currently hold power, especially in rural departments. It also explains why victims – especially LGBT+ victims – may lack confidence in the current peace accords or the possible justice they may be able to get. 10

A major paramilitary group whose aim was to eradicate the emergence of the left-wing guerrilla groups (FARC, ELN) 11

The Colombian plebiscite was a vote for acceptance of the peace agreement proposal by president Santos. President Santos led the “yes” campaign and ex-president and leader of the Democratic Centre party, Uribe, led the “no” campaign. 12

50.2 percent rejected the peace accord, while 49.8 percent were in favor (Idler, 2017)

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1.2 The Human Rights situation for the LGBT+ population in Colombia

LGBT+ persons have the right to equality and non-discrimination as these are core principles of human rights, enshrined in the United Nations Charter, The Universal Declaration of Human Rights (UDHR) and human rights treaties. The first point on the UDHR are unequivocal: “All human beings are born free and equal in dignity and rights.” (United Nations, 1948). The The Yogyakarta Principles13 (2006) were formed to outline a set of international principles relating to sexual orientation and gender identity, they state:

All human beings are born free and equal in dignity and rights. All human rights are universal, interdependent, indivisible and interrelated. Sexual orientation[1] and gender identity[2] are integral to every person’s dignity and humanity and must not be the basis for discrimination or abuse. (Yogyakarta principles, 2018)

Since the writing of the Constitution of 1991, Colombia has made enormous strides in adjusting its legislation to achieve equality for LGBT+ people. As a result of the fights put up in the streets and court battles, the State has begun to recognise some of this population's rights (Puentes, 2017). The jurisprudence established by the Constitutional Court on this matter is very broad: in 1992, with the recognition of the rights of lesbian women to education, health and work; then, in 2007, with the recognition of the rights of same-sex couples and, more recently, in 2011, with the recognition of same-sex couples as a family. In 2014 we saw the legalisation of gay adoption, then legal changes allowed for transgender people to change their identity on their national identification cards in 2015 and in 2016 gay marriage was legalised.

However, outside of the judicial framework, only a limited amount of research has been done into the levels of prejudice and violence faced by the LGBT+ population. There are examples that show that LGBT+ persons still face discrimination in education, employment and in their daily lives. There are some reports and research articles about the violence perpetrated against the LGBT+ population during the conflict. These are hampered by a high underreporting of attacks (Colombia Diversa, 2017) and by the inherent challenges of documenting violence 13

Designed by a group of international human rights experts who met in Yogyakarta, Indonesia

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while the conflict is still ongoing and the perpetrators are still at large. Thus one of the first and most basic opportunity presented in a post-accord Colombia will be one of research and understanding the extent of the problem. There is a need for continued and more specialised work in documenting the facts and a need that we will explore in this dissertation for the mechanisms of Transitional Justice to allow for truth-telling.

Research for this dissertation indicates that social movements have played a paramount role in the development of legislation for the LGBT+ population within Colombia. They have framed their demands in terms of constitutional justice in order to defend causes and modify social practices in Colombia. From the institutional point of view, this tradition is explained by the wide degree of openness of the constitutional system. Since 1910, a public act of unconstitutionality has existed, under which any citizen can ask the Constitutional Court to study the constitutionality of a regulation with force of law without having to be represented by a lawyer14 (Estrada, 2003). In terms of political opportunity (McAdam, Tarrow and Tilly, 2001), then, we see social movements strategically organising around these legal apertures.

This is how, in 2005, two social movements built successful cases to modify the laws that prohibited abortion and excluded couples formed by homosexuals The Constitutional Court decriminalised abortion in some circumstances and recognised new rights for couples formed by people of the same sex (Albarracín, 2011). One of these NGOs is known as Colombia Diversa15 (Diverse Colombia) – a public interest law group part of one of Colombia’s, Universidad de Los Andes (Los Andes University) – which started to use constitutional justice to fight against legal discrimination against gays and lesbians.

According to Meyer and Staggenborg (1996), the activity of a social movement can generate political opportunities for the creation of a counter movement. In relation to this, Tarrow (1996) argues that collective action has the capacity to generate more collective action by 14

According to the first point of Article 242 of the 1991 Constitution, "any citizen may exercise the public actions provided for in the preceding article, and intervene as an objector or defender of the rules subject to control in the processes promoted by others, as well as in those for which there is no public action." In other words, citizens can not only initiate public actions of unconstitutionality, but they can also intervene to defend or criticise the law in all those processes in which the Constitutional Court analyses the consent of a regulation to the Constitution (Estrada, 2003). Their mission statement is “to promote full inclusion, respect for the integrality of rights, recognition and mobilization of Lesbians, Gay, Bisexuals and Trans people (LGBT) in the economic, social, political and cultural spheres, in order to contribute to the construction of a democratic, modern society with social justice in Colombia.” (Colombia Diversa, 2018) 15

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creating political opportunities for its opponents. This is more likely to happen if the original movement has some success and if its claims are taken into account socially and politically. (Meyer & Staggenborg, 1996).

In the Colombian context, the strategic legal activity led by Colombia Diversa and the other NGOs, and the jurisprudence of the Constitutional Court has in some ways also led to the strengthening of the movement against the recognition of rights to same-sex couples. Many of the members that form these movements have made great efforts to reverse the successes towards by implementing strategies to obstruct or reverse the legal advances that have been made (Penen, 2015).

These opposing groups present a continued challenge towards the LGBT+ population in Colombia, particularly in rural areas where the church is still very much aggressively against LGBT+ persons, as Puentes (2017) makes evident.

1.3 Ongoing prejudice against the LGBT+ population

It is not only lobbying groups and NGOs who have been advocating for the rights of the LGBT+ population in Colombia over the years, but various influential individuals too. Take the following case study of the first openly lesbian politician in Colombia, for example. “Angélica Lozano Correa (b. 1975) became the first openly lesbian national legislator when she was elected to the Colombian House of Representatives in 2014. Lozano ran under the Green Alliance Party and describes herself as ‘center-left.’ Lozano is an advocate for LGBT rights, civil rights and women’s rights….She argued prior to the peace agreement that any peace agreement in Colombia must involve reparations to LGBT individuals, given that both sides of the conflict engaged in LGBT-related hate crimes. Corrales says that “No other Latin American country has seen this degree of lesbian openness on the part of national-level politicians.” (Corrales, 2015, p11)

Lozano has faced significant opposition and prejudice, but her continued presence in politics speaks to the success of years of political activism and debate.

In spite of the huge steps forward, the LGBT+ population still faces considerable social stigma – especially from the staunchly Conservative groups like those lead by former

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President Álvaro Uribe. Uribistas,16 are a powerful lobby group who oppose to progressive legislative change in Colombia. Uribe, whose Centro Democrático party won the most Senate seats in the March 2018 elections, continues to oppose same-sex marriage and adoption by homosexual couples (Semana, 2017).

During his recent trip to Colombia, the Pope said that the Catholic Church should apologise to homosexuals in Colombia because of the way they have been treated (Caputo, 2017). The reaction to this also indicates the deeply conservative values that still exist among a high percentage of the population. An article from one of Colombia’s most reputable independent news websites, Las2Orillas, asks: “Why do the Uribistas not want Pope Francisco to come to Colombia?” We repeatedly read the comments on social media of many enraged Uribistas about the costs of bringing the Pope to Colombia. Many of them consider that the real Pope is Joseph Ratzinger (Pope Benedict XVI), perhaps inspired by his past in the Hitler Youth. They believe that Francisco is a "black" pope, almost satanic, because of the liberal position that the Argentine has taken on such thorny issues for Catholics such as gay marriage, abortion and divorce. (Estevez, 2017)

This quote demonstrates the depth of the prejudice in that the Uribistas were unwilling to accept gay rights – even when it comes from the head of the Catholic Church (generally accepted by this group as a source of moral authority) itself. Even in ‘post-accord’ Colombia, then, the challenges of acceptance of the LGBT+ population by a large majority of Colombia’s Catholic sector remain difficult.

1.4 Violence against LGBT+ communities

In the following chapter, we will see further examples of violence against LGBT+ persons both during the conflict and in the post accord scenario. However, in order to fully contextualise the situation faced by the LGBT+ population in Colombia, it would be remiss to fail to highlight instances of attacks. 16

"Uribismo" or "Uribistas" in Colombia refers to the popular support for the policies and programs of Álvaro Uribe Vélez (president of Colombia from 2002-2010), which became a political wave represented in the party founded by the Ex-President Uribe called Democratic Center Party. Although the party has "centre" in its name, the party is renowned for its extreme right-wing stance and policies. Uribe's legacy has been tainted with accusations of "paramilitary politics" and for a host of human rights abuses.

7

According to the document "Among Fear and Resistance", an investigation carried out by the organisations Colombia Diversa, Caribe Afirmativo, and Santamaría Foundation, in 2016 there were 108 homicides of LGBT+ people, down from 116 in 2015. In the same year, however, the Ombudsman's Office only registered 92 cases that had to do with LGBT persons, of which 25% were associated with the armed conflict. However, this report also stresses the high levels of underreporting of these crimes.

Newspaper coverage, such as this article written nine months before the signing of the Accords, gives us anecdotal evidence of the types of attacks that have taken place: Santiago was a 22-year-old transgender man. He lived in Florida (Valle del Cauca), where he arrived as displaced person after paramilitary groups murdered his mother. He was also a victim of sexual violence. Due to the lack of opportunities because of his gender identity and his situation as a victim of the conflict, Santiago, who was only able to attend primary school, practiced sex work occasionally. He was killed on January 31, 2016 by unknown persons who shot him three times. To date there is no information about those responsible for this crime, nor about the criminal investigation. (Periodico La Ultima, 2016)17

This case, similar to many others that have occured over the years, demonstrates not only the intolerance that has existed towards this community, but also the high level of impunity and disinterest that commonly goes along with these kinds of cases. León Zuleta, co-founder of the Colombian Homosexual Liberation Movement18 (CHLM), was murdered in 1994 because of his work on human rights and sexual minorities. Alongside Zuleta was Dr. Manuel Velandia as co-founder of this movement. Velandia was exiled to Spain in 2007 because of attacks made against him for his sexual orientation19. In this Caribe Afirmativo report, he recalls this era of his life living in Medellin, one of the most conservative regions of Colombia:

17

Small-scale regional newspaper of the Valle del Cauca region. From my research, this incident went unreported in any national newspaper. 18

One of the first homosexual focused activist groups founded in the city of Medellin but which spread to Bogota. They organised several activities, such as the first gay march and the first gay publication in Colombia. After several years, and for different reasons, the movement ended in the mid-80s. 19

Dr. Valandia was the first homosexual to be officially recognised as a victim of the Colombian armed conflict and was included on governments victim registry in 2014. He suffered multiple death threats against his life and in 2002 was attacked with a grenade.

8

"In 1997 a friend of mine who worked on a television news program thought it was news that the Homosexual Liberation Movement existed in Colombia. We gave him the impression that it was a national movement, although in reality it was only León Zuleta in Medellín with a few people and us here in Bogotá. So my friend invited us one night to a live broadcast at six in the evening. From there on many people began to check up on us. This created some problems for my family. My mum was worried that I would appear on television saying that I was homosexual. There was a point where my sister said that I had the right to say that I was homosexual but that if I wanted to she would pay a trip to Europe for me so I could be cured. My response was that homosexuality was not an illness but that homophobia was, so it would be better to spend that money on a treatment for herself."

This information highlights the conservative and intolerant attitude towards people at this time, even by members of their own families. Machismo20 within militarism, whether it be right, center or left-wing has always been present in Colombia. Police violence against homosexuals and especially against transgender people is frequent, especially within the sex work area (Semana, 2007). The use of sexual violence against this community as a method of “corrective violence” or social cleansing is sometimes performed, often later resulting in forced displacement of the subjects in question (Bouvier, 2016). This explains the high level of non-Bogotá native transexual sex workers in the capital’s red light district, as it is generally considered to be a safer environment than smaller rural cities, where attacks against trans women sex workers are significantly higher.

The above case studies demonstrate that the conflict and social stigmas are heavily intertwined, and this is why it was important for this community's rights to be included within the peace accord.

20

A strong or exaggerated sense of manliness; an assumptive attitude that virility, courage, strength, and entitlement to dominate are attributes or concomitants of masculinity. (Dictionary.com, 2018)

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Chapter 2

Chapter 2: Transitional justice: challenges and opportunities In the previous chapter, we examined Colombia’s history and the roots of both its conflict and the polarised society that we see today. We looked at the prejudice against LGBT+ communities that continues to exist, in spite of the progressive legislation, and the violence that LGBT+ people suffered during the conflict. This chapter looks at Transitional Justice and at victims – of which the LGBT community make up a part – and the various models for how to give victims justice while also constructing peace. The chapter will use the case study of Northern Ireland which gives key lessons for Colombia on handling LGBT+ issues in a post-conflict scenario. Finally, this chapter looks at the possibilities open to Colombia now that the LGBT+ case has been put down in writing as part of the peace agreement.

2.0 The importance of Transitional Justice in post-conflict scenarios

Transitional Justice (TJ) "can be defined as the conception of justice associated with periods of political change, characterised by legal responses that have the objective of facing the crimes committed by previous repressive regimes" (Teitel, 2009, p.1). The United Nations (2010) states that “transitional justice is the full range of processes and mechanisms associated with a society’s attempt to come to terms with a legacy of large-scale past abuses, in order to ensure accountability, serve justice and achieve reconciliation” (p.2). It has for a long time now been the topic of academic debate in post-conflict scenarios as the idea of victims granting forgiveness against the perpetrators of human rights abuses (especially when there are State actors involved), is complex and controversial.

The concept of transitional justice began to be implemented in the middle of the twentieth century after the Second World War, when it was necessary to use justice mechanisms to deal with the atrocities committed during the conflict. Among these mechanisms, the events of the Nuremberg Trials stand out with the attempt to establish democracy and the institutionalization of the Rule of Law (Lyons, 2010). It should be noted however that the term had its first manifestations facing purely political issues and transformations. In this way, when talking about transitional justice, the concept of transition generally refers to a


Chapter 2

significant political transformation and a break with the past, which helps to strengthen the equity process.

The concept of transitional justice is so broad that the generic name can be applied to different experiences through history in different countries in Europe, Africa and America. However, in all cases it coincides with the search for truth, justice and reparation of the victims, facing a past of serious and systematic violations of human rights (Carrillo-Ballesteros, 2015, p.12)

As Mobekk (2005) writes, reconciliation is the ultimate goal of post-conflict societies, although he continues that it is very often vaguely defined (p.262). Transitional Justice mechanisms and definitions have developed considerably since he wrote about them thirteen years ago, but the point that reconciliation is the ultimate goal is still very much relevant.

Now that the FARC have demobilised and entered into the political sphere, the great challenge of looking at the past and "healing wounds" is on the table. For this reason, the Jurisdicción Especial para la Paz (JEP)21 (the Special Jurisdiction for Peace) was created and is the TJ system responsible for judging the crimes committed during more than half a century of war between the State and the FARC, and the members of the Commission for the Clarification of Truth. The JEP begun proceedings on March 15, 2018, and is set to be a long and complex process (El Pais, 2018). One TJ mechanism that is important to highlight are collective reparations22 Rosenfeld (2010) writes that the victims of armed conflict are not only individuals, but collectives too (p.731). She states that this mechanism is not limited to undoing the immediate effects of the harm suffered but that it also contributes to the long term goal of creating sustainable post-conflict societies (p.745). In Colombia this mechanism has been carried out previously and it being continued to do so in post-conflict era. To date, there has only been one Collective Reparation carried out within the LGBT+ population in Colombia (Londoño, 2017) and is the first case that the LGBT+ population has been recognised by the State as a victim. 21

The transitional justice system responsible for judging the crimes committed during more than half a century of war between the State and the FARC, and the members of the Commission for the Clarification of Truth. It is constituted by a series of court hearings, amnesty and pardon and a Court for Peace in charge of investigating, clarifying and punishing violations of Human Rights. 22

Collective reparation is a mechanism contemplated in the Victims' Law to restore the rights of human groups that were affected by the violence of war not only individually, but as organized communities.

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2.1 Queering Conflict and Transitional Justice

Over recent years, there has been a new wave of scholarly interest in the area of conflict, gender and LGBT+ human rights, implementing Queer theory23 to these areas. This section is going to highlight some of that work in order to see how it might apply to the Colombian case.

Fobear (2013) highlights that armed conflict has caused vast amounts of violence against sexual and gender minorities worldwide, resulting in increased attention in the international media sphere. She also points out that a lot has been written related to issues of anti-queer violence but less has been produced on addressing historical and current acts of violence in TJ literature (p.51). The author highlights, as well, that the lack of literature on this topic is worrying due to the fact that history shows a repeat of violence towards sexual minorities, from the persecution of the Nazis, to the dictatorship of Franco’s Spain punishing homosexuality as political opposition and the corrective rape of gay and lesbian persons during and after apartheid in South Africa (Fobear, 2013, pp 51-52).

The lack of academic work on this topic is, indeed, worrying given the huge amount of abuses carried out towards the LGBT+ population throughout history. Colombia is ideally placed to spearhead the placement of this issue within the context of peace and that it is very much an essential inclusion in terms of giving voices and justice to LGBT+ victims of conflict.

The pioneer in the theory of queering conflict seems to be Duggan (2012) in her culturally specific analysis of of Northern Ireland case. In this book, the author describes the situation of homophobia throughout the UK in the twentieth century, focusing on the hardships the LGBT+ population had to encounter during the conflict. She highlights the lack of acceptance by paramilitary groups and the religious and political campaigns raged against homosexual people during the time.

23

An approach to literary and cultural study that rejects traditional categories of gender and sexuality. (Merriamwebster.com, 2018)

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The ICTJ has done in depth work on the systematic targeting of LGBT+ persons in various countries, as well as the challenges surrounding putting TJ mechanisms into play. In the case of Colombia, (O'Rourke, 2017) writes that the judicial process that was established by the 2005 Justice and Peace Law was intended to satisfy victims’ rights to truth but that there were many problems in the quality of truth emerging from the process (p.136). This is an example of how TJ mechanisms failed greatly in the Colombia in previous peace processes. 2.2 Queering Colombia’s conflict

While the academic literature applied to the case of Colombia and LGBT+ inclusion within the Peace Accords is scarce, there are a few published pieces since the signing of the peace negotiations began that are important to mention.

The most developed academic piece to date is by Maier (2016) who highlights in her literature review that little had been written on the Colombian LGBT+ experience in peacebuilding, and she decided to focus her research on inclusive truth-seeking initiatives. She concludes that truth seeking initiatives need to be implemented earlier in peace building scenarios, and not just in the post-conflict context in order to ensure inclusion in policies for reparations or justice.

In her UN report, Bouvier (2016) points out many issues related to the LGBT+ population, such as the fact that human rights defenders are more likely to be targeted for their work, along with other minority groups such as Afro-Colombian and indigenous leaders (p.7). Also mentioned within her report is the ‘unprecedented’ engagement of delegations of victims, women’s groups, and LGBTI organizations at the negotiating table in Havana (p.22) stating that: The opportunity to participate in the Havana peace talks has also contributed to repairing both the historic continuum of inequality, discrimination, exclusion, and violence to which women and LGBTI persons have been subjected, as well as their particular victimization during Colombia’s internal armed conflict, but to initiating possibilities for repairing the social fabric that has been torn during decades of war. (Bouvier, 2016, p22).

13


Chapter 2

This quote really contextualises the importance of the inclusion of the LGBT+ population in the peace negotiations, as it could be argued that it was the first step in the recognition of the rights of this population for the first time.

Hagen (2017) in her short six-page publication on Queering women, peace and security in Colombia, briefly mentions the controversy surrounding the gender focus from the far-right who argued for a return to ‘traditional values’ (p.125). Most of her work is compiled using sources that have already been mentioned within this dissertation, or uses sources not relevant to the Colombian case, focusing on other conflicts in Nigeria and theories related to Women, Peace and Security in other contexts. 2.3 Case Study of Northern Ireland The Northern Ireland Human Rights Commission (2013) stated, that a high number of the population were unhappy with the proceedings as they thought the past remained insufficiently addressed, therefore increasing the tensions in inter-community relations. While the republican parties (SDLP, Sinn Féin) fully supported the proposed establishment of an independent international Truth Commission overseen by the UN, there was staunch opposition towards the idea from loyalist members of the main political parties (DUP, UUP) who argued that a formal TJ Truth Commission would give republican politicians and excombatants a platform to advance their cause and “rewrite” the past, re-traumatising bereaved families and victims (Lawther, 2012). Smyth (2007) writes about the reasons for resistance to Truth Commissions, stating that factors such as a sense of collective guilt about that past have led to a bilateral agreement to avoid close inquiry into the past (p.3), which is another factor that could lead us to question whether a truth recovery process in a conflict such as Northern Ireland’s would be a feasible option. This is also a link with the case of Colombia in terms of not wanting to flag up the past.

In terms of LGBT+ rights in Northern Ireland, Scanlan (2002) highlights that even though the rest of the UK legalised gay relations in 1967, Northern Irish politicians refused to implement the changes. This sparked outrage and the formation of such social movements such as the Gay Liberation Front as well as the Campaign for Homosexual Liberation (Scanlan, 2002, p83). Duggan (2012) also wrote an entire book about Queering Conflict, with a focus on

14


Chapter 2

Northern Ireland, highlighting that minorities were overshadowed by The Troubles24, rendering them politically invisible. She also points out some important information in relation to paramilitaries and their stance on homosexuals. She notes that sexual minorities form part of the wider ‘social malaise’ (in the same realm as drug usage and youth delinquency) which were seen as social taboos that needed to be eradicated, and that was part of the paramilitaries job (Duggan, 2012, p35). To quote Kitchin (2002) on his work related to this topic in Belfast:

Sexual dissidence had been seen by certain organizations, operating within some localities, to represent anti–social activity. Those who have been rumoured, or proven to be gay … have come under pressure to leave tightly knit, local communities, and in many cases forcibly evicted. (Kitchin, 2002, p215)

Almost 20 years after the signing of the Good Friday Agreement25, the LGBT+ population in Northern Ireland still face major problems. It is the only country in the whole of the UK and most of Western Europe where gay marriage is not legal, as it is being repressed by the conservative politics of the DUP political party (Fenton, 2017). The emergence of the Northern Irish LGBT+ movement in the 1970s coincided with the outbreak of the most violent part of The Troubles. As Nagle (2016) highlights, the violence in this province was usually sectarian in character and went alongside the correlative strengthening of ethonational divisions, and without a doubt had a complex impact on the LGBT+ population (p.180).

A highly important element to highlight from the Northern Irish case is that in the postconflict era, there was a rise in attacks towards the LGBT+ population. Nagle also includes this phenomenon. He observes that ‘despite law reform, sexual minorities represented a marginalized community with little recognition within wider policy debates in Northern Ireland. Decriminalization did not represent a mandate for equality, but a mere act of toleration.’ (p.181). There are parallels to be drawn here with Colombia, as we have seen in previous chapters, while the legislative advances and laws look great on face value, the reality is very different and much grimmer for the LGBT+ population.

24

Refers to the period of politically fuelled armed conflict in Northern Ireland from the 1960s to the 1990s.

25

The 1998 peace agreement between the Irish and British governments and Northern Irish political parties.

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Chapter 2

An additional comparison that could be drawn between the case of Colombia and Northern Ireland is the idea of the political left-wing support that has become evident from both Northern Ireland’s Sinn Fein (the political wing of the IRA) and the FARC’s new political group, who still use the same acronym for their political party. The fact that both these groups used to have an anti-homosexual stance during their time of conflict, but have now turned pro-LGBT+ rights, is an interesting U-turn and political move. A lot of the academic and journalistic work that exists in regard to Colombia’s Peace Accords and LGBT+ issues state it is the first time these issues were included within a peace agreement in the context of armed conflict (Hagen, 2016). However, this is not the case. Livingston (2002), shines light on the fact that these issues were taken into account in the Good Friday Agreement. Within her text she mentions that ‘trans’ people are not included because, at the time of publication, the author says that being ‘trans’ deals with gender identity rather than sexual orientation, so she refers to the population as LGB. In 1998 – the same year as the signing of the peace agreement – the NI Equality Commission26 was set up and they drew up the Agreement on Human Rights. Duggan (2012) also writes that “a wealth of specific laws aimed at enhancing LGB&T rights, equality and protection from discrimination and victimisation were introduced to Northern Ireland” (p.13). Section 75 of this agreement stated that public authorities in Northern Ireland would ‘promote equality of opportunity in relation to religion and political opinion; gender; race; disability; age; marital status; dependents; and sexual orientation’. It is fair to say that the inclusion of gender and LGBT+ rights are not as obvious in the Northern Irish context as in the Colombian case and that there were far less points included. This is probably due to the fact that Northern Ireland at the time was an ultra conservative society, as well as the fact that LGBT+ issues were generally not as prevalent as they are now in the global sphere. Within the Northern Ireland context, the wording of ‘sexual minorities’ was used in the peace talks, as at the time of signing the peace deal the LGBT+ acronym was not widely used. The inclusion of sexual minorities human rights shows that it was Northern Ireland, not Colombia that was the first to implement points related to the LGBT+ population within a peace accord, making Northern Ireland an ideal case study.

“Providing protection against discrimination on the grounds of age, disability, race, religion and political opinion, sex and sexual orientation”. 26

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Chapter 2

Dugan (2012) writes that it is a shame that a lot of this legislation failed to be implemented through domestic channels as it meant that underlying social and political prejudices towards the LGBT+ population were still not tackled (p.13). It could be argued that this was a missed opportunity for Northern Ireland’s LGBT+ population. What is clear is that for Colombia, if it is to build change, legislation that has been put in place within the Peace Accord has to be implemented. If it is not properly implemented, pressure from social groups will be essential to ensure that it is. The peace agreement represents a possibility for society’s attitude become more tolerant and accepting of this population and that it becomes ‘normalised’.

Nagle (2016) writes in his chapter about homophobia in divided societies that the idea that homosexuality not was only perceived by the main groups as a danger to masculinity, but also a pollutant that contaminates the boundaries between ethnicities (p.176). To support this, Connell (2005) writes that societies that are divided therefore construct a distinct type of ‘hegemonic masculinity’, a culturally idealised form of masculine character that stabilises a structure of dominance and oppression in the gender order.

There are further parallels between Northern Ireland and Colombia in the fierce opposition to LGBT+ rights of Ian Paisley27. Paisley was a staunch opposer of gay rights who had an overwhelming amount of support by Northern Irish loyalists. He started the ‘Save Ulster from Sodamy’ campaign as leader of the evalgelical Democratic Unionist Party (DUP). This campaign ran through the seventies and eighties in reaction to the EU pressure to relax laws on homosexuality, and managed to gather 70,000 signatures in favour of keeping it illegal. This relates very well to the previous examples in Colombia, with the opposition from the evangelical and Catholic churches, as well as religion within political involvement (Álvaro Uribe).

These two examples show that the influence of religion in politics can breed social prejudice very quickly, and in this case cause grave problems for LGBT+ persons. It is evident in both so-called “post conflict” cases – one almost 20 years ago and the other two years ago – that the issue of homosexual rights and acceptance still persist. 27

Rev Ian Paisley was a fundamentalist Protestant preacher who founded the DUP party in 1971 in opposition to what he saw as the increasingly liberal approach of the Ulster Unionists; the party of the political establishment since the state of Northern Ireland was founded in 1921. (BBC News, 2017)

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Chapter 2

A Belfast Telegraph opinion piece went as far to say that homophobia is the new sectarianism in NI (Clarke, 2012). PSNI reports over the years have also shown an increased number of attacks against the LGBT+ population since the Good Friday Agreement, with reports showing the highest levels between 2014 to the most recent 2017 report of homophobic related attacks (Police Service of Northern Ireland, 2017, p4). This case study of Northern Ireland demonstrates that the situation for the LGBT+ and their human rights are still very much in danger, due to the political and religious climate and social taboos surrounding homosexuality since the time of conflict. Colombia – having included exhaustive points related to LGBT+ rights within its Peace Accords – is ideally placed to avoid deepening the prejudices. There will, or should, be a lot more social programs and transitional justice methods being put in place to help combat prejudice and change people's perceptions of the LGBT+ population, but it will be important to do so in a way that does not provoke further backlash from Conservative groups. In the context of Colombia’s upcoming elections, it is also interesting to look at present day Northern Ireland, with the evangelical influenced DUP in power, and how, because of this mixture of religion and politics, there is still a lack of LGBT+ human rights.

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Chapter 3

Chapter 3: The LGBT+ population during and post conflict

“They are not isolated cases. They are crimes due to widely extended social prejudices.” (Colombia Diversa, 2015)28

This chapter looks more at the specific violence against LGBT+ during the conflict, and about the inclusion of the LGBT+ population in the peace accord. It also talks about the anti LGBT+ rhetoric that came up during the ‘No’ campaign, and about the attacks on human rights campaigners and marginalised groups since the signing of the agreement. This chapter will lead on to the conclusions of this dissertation.

3.0 Sub-commission on gender in the Havana negotiations

The creation of the sub-commission of gender during the peace negotiations was widely applauded in the international sphere, with praise from the UN and the foreign media. However, there were many within Colombian society that did not share this enthusiasm, and were against the inclusion of LGBT+ issues (Theidon and Krystalli, 2016). They accused the community of trying to hijack the Peace Accords to push their LGBT+ agenda. As well as this, they accused the international community of trying to push their Western ideologies on to the Colombian peace process. According to Hagan (2016) the narrative of “outside influence” is a common obstacle in today’s gender wars and “promoting LGBT rights as human rights in many countries is running right up against the colonial legacy of Western countries as well as religious resistance”. Cesar Sanchez-Avella commented on this controversy for the London School of Economics and Political Science, making some interesting observations on Colombian’s society in relation to the decision:

28

Quote about the attacks against LGBT+ persons.


Chapter 3 “Although there is no explicit mention of the notion of ‘gender ideology’ within this text, it is subtly hidden behind expressions such as ‘enfoque de género’ [gender focus], ‘identidad de género’ [gender identity], ’valores no sexistas’ [no-sexist values], and ‘población LGBT’ [LGBT population], among others related to women and gender studies… When these religious leaders are asked if the inclusion of the LGBT population as victims of the armed conflict worries or bothers them, they answer that even when they love LGBT people, and acknowledge their suffering, LGBT should not be mentioned as a different population, arguing that their issues as victims, and also the issues of women, can be solved if (nuclear and heterosexual) families are included as the main victims of the armed conflict, assuming that LGBT people are always part of a ‘natural’ family.” (Hagan, 2016)

It could be argued that the reluctance on the part of religious leaders to include a specific mention of the LGBT+ population is indicative of an underlying prejudice – and possibly also an unwillingness to admit the specific discrimination that was perpetrated upon this population of the Colombian society throughout the conflict. 3.1 Homosexual agenda-peddling? Colombia’s plebiscite and the impact of LGBT+ issues The previous chapter showed some of the dichotomies of Colombian society, particularly regarding LGBT+ rights. While the country has passed progressive laws, there are still large and vocal groups campaigning for so-called traditional values and working to repeal these laws.

Nowhere was this dichotomy more evident than in the campaign surrounding the peace plebiscite, which actually became a forum for a debate on ‘family values’. A lot of those who voted ‘No’ reiterated that they were not rejecting peace, but rejecting many of the terms under which the peace deal had been drawn up, including harsher punishment for the FARC as well as issues related to the inclusion of gender (points that had been included by the gender subcommission in relation to Gender and LGBT+ issues) (O’Boyle, 2016). Rhetoric by the ‘No’ campaign connected the peace agreement to a separate initiative being implemented by the Ministry of Education to tackle bullying due to sexual orientation in schools. Leaders of the ‘No’ accused the government of “using peace as an excuse to impose the ideology of gender” (O’Boyle, 2016).

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The Minister for Education, Gina Parody – an openly lesbian woman – was appointed as the head of the ‘Yes’ campaign, further fuelling the idea that the peace accords were somehow in favour of the LGBT+ population. In fact, the initiative in schools was the result of a Constitutional Court ruling that the ministry needed to review all of its manuals regarding diversity. This arose due to a case of a homosexual boy who committed suicide because of bullying both in and by his school due to his sexual orientation – a case that grabbed international headlines29 (Wallace, 2015). The court ruled that the student had the right to an education free from discrimination (The Bogota Post, 2016).

To further contextualise this controversy, Virginia Bouvier (2016) put together a very good summary, entitled What’s gender got to do with it? It stated: It all started with a controversy this summer over an Education Ministry manual to prevent discrimination based on gender identity and sexual orientation in schools. The manual had been published in response to a 2015 court order mandating the agency to address bullying in schools after the 2014 suicide of a gay student. The religious right fiercely opposed the manual, saying it went against traditional family values. A false copy of the document that included images of a gay couple in bed further fueled the movement. Activists summoned at least 35,000 street protesters for marches in several cities on August 10.

The leaders of that same group took on the plebiscite just a few weeks later, presenting the peace deal as a veiled attempt to officially promote “confused gender ideology.” Their arguments are based on what the agreement’s authors called a “focus on gender”—which mainly refers to redressing abuses against women during the conflict. The peace agreement also mentions the LGBTI community, along with other minorities, acknowledging their rights and advocating for their inclusion in society. But that’s as far as the document goes in terms of gender identity. (Bouvier, 2016)

“Sergio David Urrego Reyes was 16 years old and was about to graduate from high school when he went up to the roof of a shopping mall in Bogotá on August 4 (2015) and threw himself to his death. The young man proclaimed in his Facebook profile "My sexuality is not my sin but my own paradise", he left a series of letters that connected his suicide with the "hell" he had lived for months in his school”. (Wallace, 2015) 29

21


Chapter 3 Pamphlets were given out by Uribistas in rural areas, reading “Colombia is in danger! Of falling under the control of a communist dictatorship and the imminent passage of a gender ideology.” (Theidon and Krystalli, 2016) The way that one relatively small incident – updating the nation’s education manuals – could spiral into protests for family values and strengthen public opinion against the peace agreement exemplifies the huge sensitivities surrounding topic of gender and LGBT+ issues. Again, we see that while Colombia’s legislation is progressive, its society is not – presenting perhaps the biggest challenge for the LGBT+ population in the post-accord context.

3.2 Living under suspicion: case studies from the armed conflict

Given the level of controversy that was caused by including LGBT+ issues in the peace accord, one might be forgiven for questioning why the negotiators added this additional dimension to what was already a controversial agreement, especially as gender issues have not been part of other peace processes.

One key reason is, as these case studies show, that LGBT+ people were targeted by armed groups on all sides of the conflict. Another, as will be demonstrated in chapter three, is that we know from historical evidence that armed conflict results in increased violence against minorities.

Among the total number of LGBT+ victims in Colombia, the Unit for Comprehensive Care and Reparation for Victims has registered 366 cases where the aggressor was from a paramilitary organisation and 287 cases where the perpetrator was a guerrilla group, while the rest of the cases have no information or are attributed to other armed groups (Unidad de Victimas, 2017).

A 2017 report by Colombia Diversa documents case studies of LGBT+ victims of the armed conflict in two rural regions of Colombia by different armed actors. The first case study entitled “Vistahermosa: HIV as a pretext to persecute and banish”, provides contextualization of the social control methods the FARC used against the LGBT+ 22


Chapter 3

population. This case study focuses on a lesbian couple who had been discovered by FARC members: In Vistahermosa, Meta, the FARC discriminated against and displaced LGBT persons. One of the main documented events occurred against Verónica and Jenny [a lesbian couple] in Piñalito. In April, 2000, Verónica's sister woke her up and asked her if she had gotten into trouble because around six of their walls and doors had been graffitied with the message "Veronica has AIDS". Later on, a man with the alias "Smurf" forced them to write a list of all members of the LGBT population, "even if they are in the closet" and all the people who had sexual affairs with them. In addition, he gave them three days to leave Vistahermosa, get tested for HIV and ordered mass HIV tests for the entire population at San Juan Bosco Hospital, in the rural and urban areas. As a result, Verónica and Jenny were forced to move out of Vistahermosa. (Colombia Diversa, 2017, p.6)

The guerrilla announced the measures that were to be taken in the main parks and sports courts. This is where they referred to the "faggots" as undesirable subjects, as well as drug addicts and sex workers. They considered that the LGBT+ population was impure and that it transmitted diseases. Anyone who said they were openly gay or lesbian had 24 hours to leave home. Of the 25,000 tests performed at the San Juan Bosco Hospital, about 250 came out positive. Although the medical center tried to contact these patients to inform them of the result, only 20 were able to be located due to the fear of being exposed and killed by the guerrilla. (Colombia Diversa, 2017, p.53)

A second case study documents actions carried out by the AUC.

In 2003 in San Onofre, Sucre, the Montes de María Block of the United Self-Defense Forces of Colombia, headed by Marco Tulio Pérez Guzmán, alias The Bear, forced several gay men and a person who at the time of the events identified himself as a Trans woman, to participate against their will in a boxing match. The fight was held in the village of Alto de Julio on the second weekend of May, Mother’s Day, at a party that The Bear organized in honor of his commander, Rodrigo Mercado Peluffo, alias Chain. This boxing event constitutes an act of violence by prejudice that is demonstrated by discriminatory treatment where LGBT persons were forced into ridicule, their dignity laughed at and they were publicly humiliated. (Colombia Diversa, 2017, p.7)

The report continues to contextualise the situation of this case study stating that the fight took place in front of the region's politicians and public officials, with boxing gloves donated by the Municipal Sports Institute of San Onofre (Imdes). "There was not much violence" and the punches were executed with caution, because the "ones being humiliated were friends and had 23


Chapter 3

agreed not to hurt each other", according to the report. But the public asked for more, wanted a more intense fight. (Colombia Diversa, 2017, pp.42-43).

These two case studies suggest that the threat towards people from all sectors of the LGBT+ population was extremely high, especially in rural areas where these illegal armed groups were present. It also demonstrates that it was not only the right-wing conservative groups who perpetrated the attacks, but also left-wing guerrillas. These are the first in-depth documented reports highlighting attacks carried out against the LGBT+ population, which demonstrates that the subject was very much overlooked in the past but is now being taken more seriously in the ‘post-accord’ scenario.

Other important documented case studies are included in the comprehensive report entitled ‘Annihilate the difference’ by the Center for Historic Memory in Bogota. They contextualise the scenario by highlighting that families sometimes search for psychological, medical and /or religious ways to try and change the sexual orientation or sexual identity of their children, causing traumatic experiences that end up destroying family ties. (Centro Nacional de Memoria Histórica, 2015).

3.2.1 Attitudes of the FARC towards LGBT+ people

The FARC were one of the main supporters of the inclusion of LGBT+ in the peace agreement, however, they did admit to the lack of sexual diversity within the FARC during the peace talks in Havana30. In an article, Isabela Sanroque, a FARC spokeswoman said that, "we come from a very peasant tradition, with very conservative positions on moral matters ... the majority of our combatants come from Christian families..." (Nadal, 2016). Sanroque went on to say that that refusal to accept homosexuality has more to do with cultural and patriarchal conditions and that it is because of the mental structure of the people that are in the guerrilla, finishing with, "the FARC are also a reflection of Colombian society." This final quote demonstrates that perhaps even members of the FARC have been affected by Colombia’s conservative views on this matter. However, it could also be argued that the FARC, who maintain a Marxist-Leninist ideology which typically sees homosexuality as a weakness and a defect, may have indeed been trying to eradicate homosexuality during their time in war. In 30

The Colombian peace negotiations took place in Havana, Cuba between the FARC and the Colombian Government. WHEN? 24


Chapter 3

another article related to the topic of the FARC accepting homosexuals, the director of Caribe Afirmativo, Wilson Castañeda, is quoted as saying, “they told them [gay people] that homosexuality lacked guerrilla discipline, that's why they were punished" (El Nuevo Dia, 2015).

These examples seems to indicate that the FARC have changed their stance on the LGBT+ issue now that they have entered civil society, and indeed the political arena. However, it could also imply that the group are perhaps using the LGBT+ angle to their political advantage. After demobilisation, they reformed as a left-wing political party, and, having controversially kept their famous acronym, are know known within politics as Fuerza Alternativa Revolucionaria del Común (Revolutionary Alternative Common Force) (Symmes Cobb, 2017).

3.2.2 Threats from neo-paramilitary groups

A report by Colombia's National Centre for Historical Memory (CNMH) states that through the use of language, the regulation of the body, space and social practices, paramilitary groups managed to impose their ideas of order, 'good' behavior and discipline on communities (p.37). In this way, they established a patriarchal, racist order, capable of regulating the smallest interstices of daily life. Women relegated to their homes, blacks and homosexuals systematically humiliated, and men had to behave in a manly manner and stick to a model of a warrior and military man (p.38) (Centro Nacional de Memoria Histórica, 2014).

Neo-paramilitary groups emerged in 2006 after the demobilisation of the aforementioned AUC paramilitary group as non-cohesive group dedicated to protecting the economic interests of former paramilitary commanders across Colombia (InSight Crime, 2017). Las Águilas Negras (The Black Eagles) are one of the most prominent of these groups, with operations throughout the country. This group has carried out a number of threats against many in the political and social sphere, such as the FARC, drug users, sex workers and members of the LGBT+ population, with the overall aim of completing social cleansing. They usually spread their message by giving out flyers in towns or areas where they intend to take action, and usually include extremely threatening and vulgar language. The following citations are taken from examples of these flyers, of which the original version can be found in appendix 2.

25


Chapter 3

This first example was issued to schoolchildren and their parents in Bogota in February 2014.

Águilas Negras. Bogotá capital. The time for social cleansing has come. For the highschools in Ciudad Bolivar, Kenedi, bosa, usme and other, parents need to watch out for their children, we are going sort those out who are twisted by bullet or by knife, either they are with us or the cu*ts disappear. We will put an end to communist, homosexual, vicious rat and rapist students.

This example is from March 2015 in Medellin.

Aguilas Negras Medellin notifies that given multiple complaints from the community, military objectives have been declared and in the social cleansing list are whores, escorts, gays, pimps, weed smokers, thieves and carjackers... Death to all those motherfuc***, we don’t respect any of your lives.

In this last example, from three years ago, we can see that homosexuals are included in the list of potential targets alongside drug dealers and thieves. This is a worrying example of how LGBT+ people are viewed by these groups, and indeed by a big part of the general population as well, demonstrating just how conservative the view towards this population is.

Las Águilas Negras and groups like them are also against any kind of social movements that go against the “norm”. For example, in 2017, after the signing of the peace agreement, there was an email sent to a NGO that worked in women's rights (Viva la Ciudadanía) entitled “death to the whores” (Palma, 2017). In 2015, there were various threats made by these groups to NGOs, including Colombia Diversa, who confirmed that pamphlets had been circulating around Bogota in March 2015, with threatening language against the civil population, political leaders and defenders, with two in particular targeting people’s sexual orientation. (Colombia Diversa, 2015).

The information related to the 2017 pamphlets demonstrates that post-accord there are still problems persisting in the targeting of minority groups, even in urban areas, so the panorama in rural areas is likely to be worse.

This chapter has presented just some of the problems that occurred during the most violent part of the armed conflict, however, there were also serious attacks that took place in the years

26


Chapter 3

during peace talk negotiations, including the year it was signed with 110 murders of LGBT+ persons with high levels of impunity (Palomino, 2016).

3.3 The inclusion of LGBT+ rights in the Havana negotiations and the final peace accord

The inclusion of LGBT+ issues in the peace agreement came about due to the work of the aforementioned NGOs – Colombia Diversa and Caribe Afirmativo. At a 2014 seminar in Finland, a member of staff from the Office of the High Commissioner for Peace expressed her concerns that “five years from now the Colombia case would be used as an example of a peace accord that totally ignored gender issues” (International Peace Institute, 2017). Her comments followed protests because of the lack of women plenipotentiaries and LGBT+ rights representatives at the negotiations in Havana, and resulted in LGBT+ advocates being invited to the negotiating table.

One of the people who took part was Wilson Castañeda of Caribe Afirmativo, who presented six requests to the negotiating representatives of the government and the guerrillas in Havana. The first request was to reform the Constitution to make it illegal to discriminate on the basis of sexual orientation and gender identity. The second request was to ask the FARC and the government to recognise that they had an effect on lesbian, gay, bisexual and transgender people due to discrimination or any other homophobic aggression. Thirdly, he asked for guarantees of non-repetition after the signing of the Accords. Fourth, he asked that the LGBT+ population be included in the Rural Reform31,which is the first item on the Colombian Peace Agreement. This is an important item to take into account as we have already examined many difficulties faced by LGBT+ persons in rural areas. In an interview related to his inclusion of this point in Havana, Castañeda said that:

The countryside is not only reformed by generating incentives for the farmer to plant. The countryside is reformed when you are investing in the talent of your people. We need the rural peasants to learn how to live alongside the rural LGBT+ population, so that machista and patriarchal behaviors are not reproduced in the countryside. (Verdad Abierta, 2015).

31

The Comprehensive Rural Reform (Reforma Rural Integral - RRI) seeks to lay down the foundation for the transformation of rural Colombia, create the conditions to ensure the health and well-being of the rural population and, in doing so, contribute to guarantee non-repetition of the conflict and to the construction of a stable and long-lasting peace. (Presidencia de la Republica, 2016)

27


Chapter 3

The fifth request was in relation to homicides against homosexuals committed by the guerrillas. Castañeda said that the LGBT+ population want confirmation of those who were actually responsible for specific attacks. The request that the peace agreement must have "a gender focus, a differential language" was also included in this point. And the sixth, final proposal was for a set of holistic reparations for LGBT+ people, in which collective and symbolic gestures would be included. Castañeda said that the community wants the government to publicly accept that “they have affected us for being gay, lesbian, bisexual and transgender, and to ask us for forgiveness” (Verdad Abierta, 2015). Another proposal on this point was that the peace process guarantee equal marriage and adoption for the LGBT+ population. As we saw in chapter one, in 2015 and 2016 equal marriage and adoption were both made legal through the Constitutional Court.

Due to the intense pressure, the Colombian government and the FARC agreed to create a Gender Sub commission, which was created in September 2014, which would review all documents issued as part of the peace process and ensuring that they contained gender sensitive language and provisions. Between December 2014 and March 2015 the commission invited three delegations from civil society organisations (comprising 18 people in total) working on gender issues, including LGBT+ organisations, to give their perspectives on how gender should be approached within the peace negotiations and agreements (Herbolzheimer, 2016).

3.4 The LGBT+ population in Post Accord Colombia

While the inclusion of the gender and LGBT+ issues within the Peace Accord was a significant step, the implementation of the Peace Accord is already proving understandably complex.

The peace process has meant less widespread violence in Colombia due to the State and the FARC’s peace deal, but it has shown worrying violence against social leaders and human rights defenders in the most rural areas of the country (Manetto, 2017) with an increase in killings. Since the transition of the FARC into the civil society and political sphere, there has been increased activity in paramilitary activity in the areas vacated by the guerrilla, with an 28


Chapter 3

exceptionally high rise in the killing of human rights activists in rural areas with 106 reported killed in 2017 alone. "During 2017, a human rights defender in Colombia was murdered every three days on average," according to a report by NGO Somos Defensores (We are Defenders), noting that of the 106 victims, 87 were male, 16 were female and three were from the LGBT+ population (Somos Defensores, 2017, p80).

The most recent records from March 1 2018 by the Institute of Development and Peace Studies (INDEPAZ) indicates that in there have been 36 social leaders and human rights activists murdered in 2018 (INDEPAZ, 2018). These aforementioned aggressions show that the FARC's transition to civilian life has left a power vacuum in the areas traditionally occupied by the guerrillas, that are now being taken over by other armed groups without any intervention from the Government.

It is important to highlight the information above related to the killing of LGBT+ human rights activists as this demonstrates that in the post-conflict scenario this population is still under threat by paramilitary groups. The report also highlighted that there was a rise in the use of pamphlets to threaten “social cleansing” in 2017 (the kind mentioned earlier with the case study of Aguilas Negras) with 25 pamphlets being recorded, specifically targeting former guerrillas, prostitutes, drug addicts and the LGBTI population (Somos Defensores, 2017, p.89).

There are however some glimmers of hope in terms of justice against discrimination of the LGBT+ population. There was recently a ruling imprisoning a homophobic couple for discrimination against a homosexual couple in Chinchiná, Caldas. The homosexual couple reported that the attacks against them were frequent, by a couple who lived in the same residential complex and who repeatedly made humiliating attacks against them and prevented them from attending residents meetings. The couple were given a sentence of 26 months imprisonment and a seven million pesos fine (approx GBP 1,740) for charges of aggravated harassment and bullying (Charry, 2018). Although only one case, this is the first ever conviction in relation to discrimination against members of the LGBT+ population in the country, which shows that the recognition of LGBT+ rights are starting to be taken seriously nationwide.

29


Conclusions

Conclusions The LGBT+ populations opportunities and challenges

This dissertation addresses the question: do the Colombian Peace Accords represent new opportunities for the LGBT+ population? Given the early stages of Colombia’s post-accord period and the ongoing nature of the implementation to the Accords, it is not yet possible to answer this question definitively. Despite this, information presented here suggests that the challenges outweigh the opportunities. The legislative advancements that have been made within the last decade in terms of marriage equality and adoption look good at face value, but the reality of discrimination is different in rural Colombia. Also, it has become evident through this research that a lack of reporting crimes (and thus a lack of data) perpetrated against the LGBT+ population makes analysis difficult. One of the most important factors to highlight is that the Peace Accords played a crucial role in the national recognition of LGBT+ rights and their inclusion within the context of peace in Colombia. Another opportunity is that the Accords have created a more serious legal focus in terms of LGBT+ rights. As mentioned within the dissertation, cases like that of the sentencing of a homophobic couple (who discriminated against a homosexual couple in 2018), are monumental within the history of Colombia. Another positive point related with the inclusion of so many LGBT+ points within the Peace Accords is that they have put general focus on the LGBT+ population, and garnered more media attention by shining a light on this community throughout Colombian society. The other side of this, however, is that it may result in further prejudices and stigmatization of this population. Another important opportunity is that LGBT+ victims of the armed conflict will have the chance to be included in official transitional justice mechanisms, hopefully unveiling the dynamics of why they were targeted and providing some sort of reparation for this suffering. This is an opportunity, but also a challenge as the political climate is still precarious and fragile, with an unstable peace negotiation between the ELN guerrillas, as well as the continued emergence of paramilitary activity taking over FARC’s ex-strongholds. There also needs to be more effort to include LGBT+ people in these TJ mechanism, as to date there has


Conclusions

only been one instance of collective reparation carried out involving the LGBT+ population. In summary, the Peace Accords have indeed created opportunities for the progression of LGBT+ rights and social acceptance in the country, albeit at a slow pace. The challenges for the LGBT+ population in the post-accord scenario are much greater. This is evident from the continued staunch opposition that the Catholic and evangelical churches take towards the rights of this community. This was evidenced in the case studies related to the Pope’s visit and the inclusion of gender issues in schools. Right-wing political groups (who generally maintain the same moral principles as the aforementioned religious groups) are also obstacles in the way of the LGBT+ populations human rights. Another challenge facing the LGBT+ population in post-accord Colombia is that of the social stigmas attached to belonging to the LGBT+ population. The machista attitude that is still prevalent within Colombia, and indeed much of Latin America, also complicates things for this population, as this dynamic is deeply rooted within the culture of the country and will be difficult to change. What has been presented in this work in regard to the situation in rural areas suggests an urgent need for continued political intervention. The emergence of paramilitary threats has brought an increased risk of violence towards the LGBT+ populations and other minority groups in these areas. Attacks of social leaders, including LGBT+ activists, have resulted in increasing numbers of homicides since the signing of the Accords. The need for more government intervention to protect people in those areas where the FARC have left power vacuums is crucial in order for the safety and human rights of this population to be maintained and to uphold the points stipulated about protection of this community in the Accords. The final, and arguably most important observation about the future of the LGBT+ human rights in Colombia, is that the upcoming presidential elections will be pivotal in determining how this populations rights develop, or not. Most of the legislation passed and efforts put in place have occurred during Santos’ presidency. He has demonstrated his support for the LGBT+ community over time. As it stands, there are two main candidates in the running for the next four years of presidency, both from extreme ends of the political spectrum. If the right assumes power, this may mean a decrease on the importance of the LGBT+ issues.

31


Conclusions

Further academic research on the topic of LGBT+ rights would be interesting after the new government has been formed and operating to try and assess if they continue to try and fulfill the points related to the LGBT+ population - as well as other minority groups.

32


Appendices

APPENDICES Appendix 1 - List of points related to the LGBT+ population extracted from the Final Agreement to End the Armed Conflict and Build a Stable and Lasting Peace:

1.

PREAMBLE: Emphasising that the new Final Agreement places special emphasis on the fundamental rights of women, of vulnerable social groups such as indigenous peoples, girls, boys and adolescents, communities of African descent and other ethnically differentiated groups; the fundamental rights of the small-scale farmers, both male and female, and the essential rights of persons with disabilities and of those displaced by the conflict; and the fundamental rights of the elderly and of the LGBTI community; (Page 3) 2. 2.2.4. Guarantees for reconciliation, coexistence, tolerance and non-stigmatisation, especially by reason of political and social action within the context of mutual respect: The promotion of non-stigmatisation of groups in vulnerable circumstances or discriminated against, such as women, ethnic peoples and communities, the LGBTI population, young people, boys and girls and the elderly, disabled persons, political minorities and religious minorities. (Page 47) 3. 2.3.5. Promotion of a democratic and participatory political culture: Promotion of democratic values, political participation and the mechanisms thereof, to guarantee and enhance knowledge of them and their effective use, thereby consolidating the exercising of the rights enshrined in the Constitution, doing so by means of media campaigns and training workshops. Special emphasis will be placed on the most vulnerable populations such as rural communities, women, religious minorities, ethnic peoples and communities and LGBTI groups. The content of these campaigns will incorporate values to challenge multiple forms of discrimination. (Page 54) 4. 3.4.1. Guiding principles: Strengthening the administration of justice: in a scenario of ending the conflict and building a stable and long-lasting peace, the measures adopted must contribute to ensuring citizens’ access to independent, timely, effective and transparent justice, in conditions of equality, whilst respecting and promoting alternative mechanisms for resolving conflicts across the country’s territories, such that fundamental rights and impartiality are ensured, preventing any form of private justice and confronting the conduct and organisations that are the subject of this agreement. These measures also have to contribute to ensuring the administration of effective justice in cases of gender-based violence, free from stereotypes regarding LGBTI persons, with sanctions proportional to the seriousness of the act. (Page 80 – 81) 5. 3.4.2. National Political Pact: The country’s desire to achieve a stable and longlasting peace is based on the recognition of the need to overcome the armed conflict. The National Government and the new political movement that emerges from the transition of the FARC-EP to legal political activity undertake to promote a National Political Pact from the regions, with the aid of political movements and parties, trade associations, the driving forces of the country, organised society and communities across the country’s territories, trade unions, the National Trade Council (Consejo Nacional Gremial) and various economic associations, owners and directors of media enterprises, churches, religious faiths, faith-based organisations and organisations in the religious


Appendices sector, academia and educational institutions, women’s organisations and LGBTI organisations, disabled people, young people, ethnic communities, organisations for victims and human rights advocates and other social organisations. (Page 82) 6. 3.4.3. National Commission on Security Guarantees for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks (hereafter the National Commission on Security Guarantees): g. It shall plan and draw up strategies, within its jurisdiction, to identify the funding sources and patterns of criminal activity of the organisations and conduct that are the subject of this agreement; among those patterns shall be taken into account those that particularly affect women, children, adolescents and the LGBTI community; (Page 84) 7. 3.4.4. Special Investigation Unit for the dismantling of criminal organisations and criminal acts that are responsible for or that bring about homicides and massacres that attack human rights advocates, social movements or political movements or that threaten or attack persons taking part in the implementation of the accords and peacebuilding, including criminal organisations that have been labelled as successors of paramilitarism and their support networks: Jurisdiction: Shall implement specialised investigation methodological plans in relation to the most serious acts of victimisation undertaken against women, children, adolescents and the LGBTI community by the organisations and conduct that are the subject of this agreement. (Page 89) 8. 4.2.1.1. Principles: Equity-based and gender-based approach: against a background of respect for human rights, to ensure the actions to tackle drug use implemented actually meet the needs of users and are effective and sustainable, it is necessary to identify vulnerability factors associated with age, gender, disability status, socioeconomic status and geographical location or membership of the LGBTI population, etc. Such actions should pay particular attention to the needs of adolescents in rural and urban areas. (Page 124) 9. 4.2.1.4. Participatory action plans with territorial-based and population-focused approach: Actions to raise awareness and guide the community and institutions to prevent stigmatisation of drug users, taking into account in particular the difference in impact on women and the LGBTI population. (Page 126) 10. 4.2.1.4. Participatory action plans with territorial-based and populationfocused approach: Actions to expand and improve access to and the range of care and assistance provided by qualified persons to drug users, including treatment and rehabilitation, and that promote, inter alia, affirmative action for women and the LGBTI population. This offer will take into account various specialist initiatives of civil society with qualified experience in the processes of rehabilitation and social integration of consumers, including bodies and organisations from the religious sector and the organisations of the various communities. (Page 126) 11. 5. Agreement regarding the Victims of the Conflict: The armed conflict, which has multiple causes, has inflicted suffering and loss on the people to a degree unparalleled in our history. Millions of Colombians have been victims of forced displacement, the dead number in their hundreds of thousands, tens of thousands of people of all kinds have disappeared, and vast numbers of families, groups and communities have been affected throughout the length and breadth of the country,

34


Appendices

including rural communities, indigenous peoples, the Afro-Colombian, black, palenquero, raizal and Roma communities, persons due to their religious beliefs, political parties, social and trade-union movements, the LGBTI population and economic associations, inter alia. There have also been other, less visible but no less painful forms of victimisation, such as sexual violence, psychological damage or simply living in fear. (Page 134) 12. 5.1.1.1. Truth, Coexistence and Non-Recurrence Commission (Comisión para el Esclarecimiento de la la Verdad, la Convivencia y la No Repetición): Throughout its work the Commission will take an appropriate approach to learn about the different ways in which the conflict affected women, children, adolescents, youths and the elderly, persons with disabilities, indigenous peoples, rural communities, persons on the basis of their religion, their opinions or their beliefs, the Afro-Colombian, black, palenquero and raizal communities, the Roma community, the LGBTI community, displaced and exiled persons, human rights advocates, trade unionists, journalists, farmers, ranchers, traders and businessmen and women, inter alia. This should also help to raise awareness in Colombian society of the specific ways in which the conflict reproduced historical mechanisms of discrimination, as a fundamental first step towards a more just and inclusive society. (Page 140) 13. 5.1.1.1.2. Mandate: The human and social impact of the conflict on society, including its impact on economic, social, cultural and environmental rights, and the different ways in which the conflict affected women, children, adolescents, youths and the elderly, persons on the basis of their religion, opinions or beliefs, persons with disabilities, indigenous peoples, rural communities, the AfroColombian, black, palenquero and raizal communities, the Roma community, the LGBT community, displaced and exiled persons, human rights advocates, trade unionists, journalists, farmers, ranchers, traders and businessmen and -women, inter alia. (Page 143 – 144) 14. 5.1.1.1.4. Duties: Ensure that the gender-based approach runs through each and every aspect of the Commission, by creating a gender-based task force in charge of specific technical tasks, investigation and holding of hearings, inter alia. This task force will not be the only one addressing this topic, but it shall bear the responsibility for reviewing methodologies in order to ensure that all the Commission’s instruments include this approach, and for liaising with women’s and LGBTI organisations. This shall be achieved without prejudice to the necessary autonomy of the Commission in determining its structure and working methodology. (Page 146) 15. SPECIAL JURISDICTION FOR PEACE: I. BASIC PRINCIPLES OF THE JUDICIAL COMPONENT OF THE COMPREHENSIVE SYSTEM FOR TRUTH, JUSTICE, REPARATIONS AND NON-RECURRENCE (CS): 7.- In addition, the consequences of such violations are most serious when they are committed against women or when victims belong to the most vulnerable groups, subjects of special protection, who deserve reparations and special protection, including indigenous peoples, Afro- Colombian communities and other ethnically distinct groups, religious communities, rural communities, the poorest, the disabled, the displaced and refugees, children, and adolescents, the LGBTI population and the elderly. (Page 154) 16. 6. Implementation, verification and public endorsement: Respect for equality and non-discrimination: The implementation of this Agreement shall respect equality in all its aspects and equality of opportunity for everyone in accessing the different plans and programmes provided for in this Agreement, without any form of discrimination. Nothing contained in the Final Agreement shall be understood or interpreted as denying,

35


Appendices

restricting or infringing the rights of individuals, regardless of their gender, age, religious beliefs, opinions, ethnic identity, on account of their membership of the LGBTI community, or for any other reason; nor shall it be understood or interpreted as denying, restricting or infringing the right to unhindered development of the personality or the right to freedom of conscience. (Page 204) 17. Protocol for the section on Monitoring and Verification: OBSERVATION AND RECORDING by the MVM of the Agreement on the Bilateral and Definitive Ceasefire and Cessation of Hostilities (BDCCH) and Laying down of Arms (LA): Ongoing tasks of monitors: The local unit carries out the following administrative and operational support tasks: • It provides technical, logistic and technological resources with which to perform the monitoring tasks. • It supervises the completion of the monitors' record slips. • It coordinates the daily meetings for planning and assessing the monitors' work. • It compiles and issues early warnings. • It has specially trained monitors among its staff for receiving and analysing information relating to violence against women or against LGBTI individuals and, in particular, sexual violence. (Page 245)

36


Appendices

Appendix 2 - Original copies of pamphlets (in Spanish) of Águilas Negras paramilitary group, as translated on page 30.

37


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