Colombia: Human Rights Situation of the LGBT Population

Shadow Report Submitted to the United Nations Human Rights Committee
This shadow report was prepared by Colombia Diversa with the collaboration of Global Rights and OutRight Action International. It was submitted for consideration by the UN Human Rights Committee's 99th Session, within the review of Colombia's compliance with the International Covenant on Civil and Political Rights. Please see the Human Rights Committee website for more information.

Colombia Diversa's Human Rights Committee shadow report explains how, Colombia, the rights of lesbians, gays, bisexuals and transgeneristas are not only disrespected but also not guaranteed, because in practice judicial and administrative authorities often prioritize their biased conceptions when enforcing the law and/or ignore the unique needs and rights of this population. So, lesbians, gays, bisexuals and transgeneristas see their rights to life, personal integrity, personal freedom and security, freedom of expression and others violated, without the existing recourses for guaranteeing those rights being really effective.

The report also recommends that Colombia,

  1. Consolidate a unified information system that takes into account the human rights situation of lesbian, gay, bisexual and transgenerista persons;
  2. Implement strategies to overcome impunity in cases of violations to the right to life and of police abuse against LGBT persons;
  3. Create a mechanism to review cases of violations of the right to life against LGBT persons, particularly of those in which the victims have been human rights defenders;
  4. Implement strategies to sensitize and train judicial personnel in order to identify cases of violations of the right to life that are based on the victim's sexual orientation or gender identity;
  5. Make the National Attorney General Office use its preferente power in the cases in which police abuse against LGBT persons are reported;
  6. Implement National Police Directive 06 (2010) to respect and effectively guarantee the rights of LGBT persons;
  7. Develop a national LGBT public policy;
  8. Incorporate guidelines for a public policy addressing the LGBT population in Local Development Plans.
  9. Abstain from adopting measures that imply setbacks in sexual and reproductive rights, as well as in the recognition of the rights of LGBT persons and same-sex couples, particularly in the case of the National Attorney General Office.
  10. Modify the prison system in such a way to fully guarantee the rights of the LGBT population. Also to follow a special protection and differential attention approach in terms of sexual orientation and gender identity as opposed to the current INPEC approach.
  11. Take actions to implement, follow-up and circulate Constitutional Court sentences on the rights of same-sex couples.