LGBTTI coalition celebrates the culmination of another successful OAS General Assembly

LGBTTI coalition celebrates the culmination of another successful OAS General Assembly

The Coalition of Lesbian, Gay, Bisexual, Transgender, Transsexual, Transgender, Transvestite and Intersex (LGBTTTI) people from Latin America and the Caribbean working within the framework of the Organization of American States (OAS) welcomes the adoption of the Omnibus Resolution on Human Rights (OEA/Ser.P/AG/CG/doc.5/18 rev.2), which includes the section xii entitled "human rights and the prevention of discrimination and violence against LGBTI persons".during its 48th regular session of the General Assembly, which took place in Washington DC, 4-5 June 2018.

 

DIALOGUE WITH THE HEADS OF DELEGATION THE SECRETARY-GENERAL, THE DEPUTY SECRETARY-GENERAL AND REPRESENTATIVES OF CIVIL SOCIETY ORGANISATIONS

During this Dialogue, we saw a growing number of allies integrating a message of equality for all and acceptance of sexual and gender diversity, including a newly established Coalition entitled Religions, Beliefs and Spiritualities. We continue to see conservative and anti-rights groups promoting messages that violate human dignity and undermine the human rights of LGBTI people in the Americas. Some of these messages include a narrative that fails to recognise the legitimacy of the bodies of the Inter-American Human Rights System, including the competence of the Inter-American Commission and the Inter-American Court of Human Rights to monitor States' compliance with the most basic and uncontested international human rights obligations, such as the obligation to guarantee the rights to equality and non-discrimination.

We highlight that despite considerable progress in terms of policies, laws and judicial recognition in the Americas, there are many challenges that restrict the full enjoyment and exercise of our rights. We continue to see high levels of violence and discrimination at all levels against LGBTI people, or those perceived as such, in the Americas. This violence is compounded when we face multiple factors of discrimination, including those related to our race, ethnicity, gender, migration status, age, deprivation of liberty, disability, among others. There are still laws, policies and state practices that criminalise our relationships and our gender expression and violate our human rights. We also express our concern about hate crimes committed on the basis of sexual orientation, gender identity and gender expression, without States keeping official records of such crimes, which makes it difficult to prevent and investigate them.

While countries such as Belize and Trinidad and Tobago have made progress in decriminalising same-sex sexual relations between consenting adults, the English-speaking Caribbean countries face the challenge of recognising that no CARICOM state has language in its constitution that is contrary to the recognition of our rights.

As for self-employed sex work, although it is not explicitly prohibited in most countries in the Americas, there are legal provisions and laws that criminalise different acts related to sex work. This, coupled with the absence of clear regulations recognising sex work as work, creates conditions that foster institutional violence - including sexual and physical violence, extortion and illegal detention - and reinforces obstacles that prevent sex workers from accessing basic health and justice services.

We also view with great concern the emergence of bills or laws that seek to criminalise HIV transmission, non-disclosure and exposure, or the misuse of criminal law to criminalise people living with HIV.

On the other hand, we believe that in those countries in the region, such as Venezuela, where the AIDS epidemic continues to affect gay men, bisexuals and transgender women, efforts must be strengthened to provide comprehensive medical care and access to treatment, as well as the design and implementation of a prevention policy that considers the particularities of groups at risk because of their sexual orientation, gender identity and gender expression, these actions being fundamental tools to end the AIDS epidemic.

THE OAS GENERAL ASSEMBLY

The LGBTTTI Coalition welcomes the re-election of judges to the Inter-American Court of Human Rights (IACHR): Humberto Sierra Porto (Colombia) and Eduardo Ferrer Mac-Gregor (Mexico). Sierra Porto and Ferrer Mac-Gregor were judge and vice-president of the IACHR Court, respectively, when the region's highest human rights court issued its Advisory Opinion 24/17 in November 2017. This important and binding Advisory Opinion recognises that States' obligations with respect to the principles of equality and non-discrimination based on sexual orientation, gender identity and gender expression include the obligation to recognise same-sex families and the right of individuals to rectify their identification documents to match their gender identity, through non-pathologising processes. This Opinion reinforces the urgent need for States in the region to adopt measures to ensure formal and substantive equality of persons with non-normative or diverse sexual orientations, gender identities and gender expressions in the Americas (see full Advisory Opinion), here. Access the LGBTTTI Coalition's summary of this Advisory Opinion, here).

We also congratulate Ricardo Pérez Manrique (Uruguay) on his election as a judge of the Inter-American Court, who has already publicly expressed his support for Advisory Opinion 24/17. We encourage the Inter-American Court to continue to protect the rights of all persons, without discrimination on the basis of sexual orientation, gender identity, gender expression and sexual characteristics, thus supporting the proper interpretation of the principles of equality and non-discrimination enshrined in the Inter-American human rights instruments.

THE RESOLUTION ON THE RIGHTS OF LESBIAN, GAY, BISEXUAL AND TRANSGENDER (LGBTI) PEOPLE

The resolution continues to have the same essential content as in previous years: the OAS condemns acts of discrimination and violence based on sexual orientation, gender identity or gender expression and urges Member States to prevent, investigate and punish acts of violence and discrimination against LGBTI persons and to guarantee access to justice. It also mentions the adoption of measures to remove barriers faced by LGBTI people in accessing political participation and to prevent interference in their private lives. Reference is made to the need to collect data on violence and discrimination, to take measures to protect human rights defenders and intersex people from medical interventions that violate their human rights. The Resolution also considers the work of the LGBTI Rapporteurship and, for the first time this year, the work of the Department of Social Inclusion of the OAS General Secretariat on this issue.

This Resolution is the result of the hard work that the LGBTTTI Coalition has been developing since 2007 at the OAS. As on previous occasions, its presence and continuous participation in different actions and dialogues with OAS Member States during the General Assembly countered the intolerant actions and hate speech of fundamentalist and anti-rights organisations that tried to stop the adoption of this Resolution. Thanks to diplomatic dialogues conducted by Member States, which are part of the OAS LGBTI Support Group and other allied States, the Resolution was successful again this year, despite opposition from countries such as Paraguay, Saint Lucia and Jamaica, countries that are notorious for their lack of protection of the human rights of LGBTI people. A small minority of OAS Member States included footnotes in the resolution. This is a notable decrease from previous years, especially in 2013/2014, when more countries included footnotes.

We congratulate Belize, for being the first CARICOM member country to co-sponsor this Resolution this year, and Costa Rica for co-sponsoring. We encourage these two States and other allied countries to continue to support the OAS LGBTI Support Group.

The LGBTTTI Coalition recognizes the commitment of the Member States of the OAS LGBTI Support Group, composed of Argentina, Brazil, Canada, Chile, Colombia, El Salvador, Mexico, the United States of America, and Uruguay. We congratulate El Salvador for being the first non-founding member to join the LGBTI Support Group, and encourage other Member States to join.

THE COALITION'S ANNUAL MEETING

More than 40 LGBT activists from Latin America and the Caribbean gathered in Washington DC to attend our annual meeting and General Assembly. We congratulate the addition to our Coalition of the Latin American and Caribbean Network of Women Sex Workers (RedTraSex)) - a coalition of women's organisations working for the last 20 years for the recognition of autonomous sex work, and to give visibility to the serious human rights violations faced by sex workers in the region. We also note the incorporation of the organisations into our Coalition: Eastern Caribbean Alliance for Diversity and Equality (ECADE) of the Eastern Caribbean region, the Arcoiris Foundation AC of Mexico, and, as an Associate Member, The Canadian HIV/AIDS Legal Network of Canada.

ACKNOWLEDGEMENTS

We would like to thank Akahatá - Sexualities and Gender Task Force, Arcus Foundation, American University Washington College of Law and Professor Macarena Saez, COC Netherlands, IPAS, Red Latinoamericana y del Caribe de Personas Trans (Redlactrans), Mayer Brown LLP and Synergía - Initiatives for Human Rights for their support in ensuring our participation in this OAS General Assembly and our annual meeting.

The LGBTTTI Coalition highlights the commitment of both the Inter-American Commission and the Inter-American Court of Human Rights, as well as the leadership of OAS Secretary General Luis Almagro and the Department of Social Inclusion, under Mauricio Rands and Betilde Muñoz-Pegossian, in the protection and promotion of our human rights.

We call on all OAS Member States to continue to ensure the protection and promotion of the rights of LGBTI people, and to repeal laws that criminalise or discriminate against us. We urge all OAS Member States to take steps to promote the legislative, administrative and judicial reforms necessary to bring their legal systems, interpretations and practices in line with the standards set out in Advisory Opinion No. 24/17, issued by the Inter-American Court in November 2017, and to respect its binding nature.

We encourage OAS Member States to follow the leadership shown by Uruguay, which became in May 2018, the first country to ratify the Inter-American Convention on all forms of Discrimination and Intolerance.

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The following individuals and organisations attended as part of the LGBTTTI Coalition of Latin American and Caribbean organisations working within the framework of the OAS:

 

  1. ACTION COMMUNAUTAIRE POUR L'INTEGRATION DES FEMMES VULNERABLE EN HAITI (ACIFVH) " Yaisah Val " Haiti,
  2. AIREANA " Mirta Moragas & Judith Grenno " Paraguay,
  3. AKAHATí, EQUIPO DE TRABAJO EN SEXUALIDADES Y GÉNEROS " María Luisa Peralta " Argentina,
  4. ASOCIACIÓN ALFIL " Rashel" Ecuador,
  5. ASPIDH ARCOIRIS ASSOCIATION " Ambar Alfaro " El Salvador,
  6. ORGANISING TRANS DIVERSITIES ASSOCIATION (OTD-Chile) - Franco Fuica " Chile,
  7. PANAMBI ASSOCIATION " Yren Rotela Paraguay,
  8. PAÑAMENA ASSOCIATION OF TRANS PEOPLE " Venus Tejada - Panama,
  9. ATTTA " Marcela Romero " Argentina,
  10. CENTRO DE PROMOCIÓN Y DEFENSA DE LOS DERECHOS SEXUALES Y REPRODUCTIVOS (PROMSEX) " Brenda Álvarez " Peru,
  11. COLECTIVO OVEJAS NEGRAS " José Ramallo " Uruguay,
  12. COLLECTIVO UNIDAD COLOR ROSA " Gabriela Redondo " Honduras,
  13. COLOMBIA DIVERSA " Lilibeth Cortés Mora " Colombia,
  14. COTRAVEDT " Nairovi Castillo " Dominican Republic,
  15. EASTERN CARIBBEAN ALLIANCE FOR DIVERSITY AND EQUALITY (ECADE) " Maria Fontenelle " Eastern Caribbean,
  16. FUNDACIÓN ARCOÍRIS POR EL RESPETO A LA DIVERSIDAD SEXUAL A.C. " Roberto Baeza " Mexico,
  17. J-FLAG/EQUALITY FOR ALL FOUNDATION JAMAICA LTD." Renae Green & Suelle Alinâ" Jamaica,
  18. LIGA BRASILEIRA DE LÉSBICAS " Mariana Meriqui Rodrígues " Brazil,
  19. ORGANISATION TRANS REINAS DE LA NOCHE " Andrea González " Guatemala,
  20. LATIN AMERICAN AND CARIBBEAN SEX WORKERS NETWORK (RedTraSex) " Lucy Esquivel " Regional,
  21. LATIN AMERICAN AND CARIBBEAN NETWORK OF TRANS PEOPLE Marcela Romero" Regional,
  22. MEXICAN TRANS WOMEN'S NETWORK " Paty Betancourt " Mexico,
  23. RED TRANS DEL PERÚ " Miluska Luzquiños " Peru,
  24. SINDICATO AMANDA JOFRÉ " Alejandra Soto Castillo Chile,
  25. SOCIETY AGAINST SEXUAL ORIENTATION DISCRIMINATION (SASOD) " Valini Leitch " Guyana,
  26. WOMEN'S COMMUNICATION WORKSHOP " Cayetana Salao S. " Ecuador,
  27. *THE CANADIAN HIV/AIDS LEGAL NETWORK Maurice Tomlinson " Canada (*Associate Member)
  28. TIA BELIZE " Zahnia Canul " Belize,
  29. UNITED BELIZE ADVOCACY MOVEMENT (UNIBAM) " Caleb Orozco " Belize,
  30. UNITED AND STRONG INC. "Jassica St. Rose " St. Lucia and
  31. VENEZUELA DIVERSA A.C. " Yonathan Matheus " Venezuela.

 

Also in attendance were:

 

  1. HONDURANS AGAINST AIDS and SERO PROJECT " Alfredo González " United States,
  2. LAS REINAS CHULAS CABARET Y DERECHOS HUMANOS A.C. " Luz Aranda Arroyo " Mexico.

 

 

In addition, it participated as a supporting organisation in the coordination of the LGBTTTI Coalition:

Synergy - Initiatives for Human Rights (Stefano Fabeni, Marcelo Ernesto Ferreyra and Fanny Catalina Gómez Lugo).

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