On December 1, 2005 we issued an Action Alert asking for support to ensure that the National Human Rights Plan included the claims submitted by LTGB activists during the consultation with civil society that were facing resistance from the Catholic Church. Unfortunately, the government has given in to pressure. The approved version of the Plan incorporates only 4 out of 19 demands submitted, explicitly excludes all possibility of civil marriage between people of the same sex, and exempts the military from implementing the non-discriminatory treatment that is demanded of everyone else in Peruvian society. LTGB and feminist organizations have announced that the matter will be taken to national and international Courts.
No further action is required
Strategic Goal 6, in the National Human Rights Plan is the one dealing specifically with “sexual orientation/character”. Local organization Movimiento Homosexual de Lima (MHOL) that took part in the consultation process, points out that the term “degrading (treatment)” is employed only for the LTGB population while for all other “vulnerable groups” the term employed is “discriminatory” (treatment).
What follows are the most relevant sections, translated from the original text of the Plan:
“Strategic guideline 4 (SG4): To implement affirmative policies in favor of the rights of those sectors of the population placed in situations of utmost vulnerability. (Implementation of those policies) will take place in conditions of equal treatment and no discrimination.
Strategic Goal 6 (SG6): To promote actions that create a culture of respect towards differences, that avoids degrading or violent treatment based on sexual orientation/character inside the framework of the Constitution and the law.
R1: Actions will be implemented to protect individuals from being subjected to degrading or violent treatment on the basis of their sexual orientation/character.
Activities to ensure achievement of R1
- A1: To evaluate current legislation and issue the necessary recommendations to punish those practices that are degrading or violent against individuals on the basis of their sexual orientation/character.
- A2: To promote norms that punish degrading messages spread through the media against individuals on the basis of their sexual orientation/character.
- A3: To promote actions that include advocating for tolerance and respect for the rights of individuals with different sexual orientations/characters.
- A4: To implement Human Rights training programs aimed at health providers so they would be able to provide quality care and respect the rights of individuals with different sexual orientations/characters.
This protection is not extended to the recognition of the right to marriage between individuals of the same sex, to legalize their de-facto unions and to adopt minors, as none of them are contemplated in the current laws of the country.
What has been stipulated for the Strategic Goals does not affect current dispositions included in the Army Regulations, according to what the Constitution and Law state.
Published on December 15, 2005 | OutRight Action International an LGBT human rights organization