SJP recognises bias-based violence against LGBTIQ+ boys and girls

SJP recognises bias-based violence against LGBTIQ+ boys and girls

In a landmark decision, the Special Jurisdiction for Peace (JEP) has recognised the specific affectations suffered by LGBTIQ+ children within the ranks of the former FARC-EP. In the Order of Determination of Facts and Conduct of Macro Case 07, which investigates the recruitment and use of children by the former FARC-EP, five patterns were documented, including violence based on prejudice against children recruited with diverse sexual orientation or gender identity or expression.

In this fifth pattern, the Chamber noted that LGBTIQ+ children suffered different forms of violence with the purpose of hiding, eradicating or suppressing their sexual orientations or diverse gender identities. It also acknowledged that these acts occurred systematically in all parts of the country and in the different guerrilla blocs. However, it warns that the frequency with which this pattern occurred must be determined from a qualitative analysis based on the dynamics of concealment and eradication against LGBTIQ+ persons.

Colombia Diversa welcomes this decision and is proud to be part of this process, intervening as a representative of direct and indirect victims and as part of the gender spokesperson of the Alliance for Gender Litigation. An Alliance that brings together the coordinated work of the organisations: Humanas, Colectiva Justicia Mujer, 8 de Marzo, Caribe Afirmativo, Colombia Diversa and Women's Link Worldwide, who were part of this case.

As a leading LGBTIQ+ rights organisation, we are committed to documenting the differentiated violence faced by LGBTIQ+ people during the armed conflict to ensure that their voices are heard in this historic recognition. In that sense, with our reports The orders of prejudice (2020) y Human Rights violations against the LGBTI population We were able to provide the SJP with timely information and demonstrate how prejudices about sexual orientation, gender identity or gender expression were used by armed actors to their advantage in the war.

The SJP investigation implemented the "Gender Facets" methodology, which allowed for an analysis of how discrimination affected LGBTIQ+ persons at different stages of recruitment. This approach revealed cruel practices such as shootings, death threats, corrective sexual violence and the obligation to hide their identity, all aimed at suppressing sexual and gender diversity.

For the clarification of what happened to LGBTIQ+ people, this decision recognises the underreporting that characterises these acts of violence and prioritises qualitative over quantitative analysis. The decision emphasises the symbolic and exemplary impact of these aggressions, making it possible to overcome historical barriers to access to justice for these victims.

The recognition of the SJP in this Order marks a milestone in access to justice for LGBTIQ+ persons, as well as serving as a starting point for other processes, such as Macro Case 11.

Finally, it is important to mention that the SJP's decision seeks not only to make visible the violence for which traces have been found, but also to contribute to the transformation of the structures that have historically perpetuated discrimination in the country and that impede the construction of a peaceful nation.

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