| Click here for a summary of Colombia’s review at the first cycle and/or the third cycle. |
16th UPR session
Date of review: 23 April 2013
Date of report adoption: 19 September 2013
Working Group report: A/HRC/24/6
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SUMMARY SOGIESC issues during Colombia’s 2nd UPR review |
I. Key issues/recommendations identified by NGOs
- Take measures to prevent and provide protection from all forms of violence and harassment related to sexual orientation and gender identity;
- Ensure violence is vigorously investigated and that perpetrators are held accountable;
- Ensure the protection of human rights defenders working on issues of sexual orientation and gender identity;
- Apply the Yogyakarta Principles as a guide to assist with policy development in this area.
II. Excerpts from input reports
National report
III. Progress, priorities and challenges in the promotion and protection of human rights
G. Equality and non-discrimination
96. Colombia possesses a constitutional and legislative framework that ensures equality and freedom from discrimination as the pillars underpinning rights. Since December 2011, with the adoption of the Anti-discrimination Act, persons who commit discriminatory acts on grounds of ethnicity, sex or sexual orientation are liable to penal and financial penalties.
Members of the LGBTI community
113. The Government of Colombia recognizes the need for the State to promote actions to guarantee the right to equality and to freedom from discrimination of lesbian, gay, bisexual, transgender and intersex people. Accordingly, it has included in the National Development Plan the need to undertake actions for the development of a public policy on behalf of this sector of society, as a challenge in the years to come.
114. During 2011, the Constitutional Court handed down two decisions in which it recognized the right of same-sex couples to the marital share and urged Congress to adopt legislation, before 20 June 2013, on the rights of same-sex couples in order to put an end to the deficiencies in their protection.
115. The first national meeting of the LGBTI community was held under the slogan “Out of respect for the Constitution”. The meeting provided an opportunity to work with local authorities to provide a platform for other voices among Colombia’s population. A manifesto setting out a number of proposals and requests to the Government was also signed by 109 organizations and militants attending the meeting.
116. In November 2012, a wish list was signed to encourage and strengthen affirmative action to mitigate the vulnerability of the human rights of the LGBTI community.
Compilation of UN information
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
26. The High Commissioner noted that lesbians, gays, bisexuals and transgender persons faced a great deal of intolerance and discrimination.
Summary of stakeholders’ information
I. Information provided by other stakeholders
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
1. Equality and non-discrimination
20. JS4 said that there were still problems in guaranteeing the constitutional rights of the LGBTI community. The Government had not carried out any campaigns to counter prejudice and Congress had not legislated on same-sex marriage and adoption. Nor was there a law on gender identity that guaranteed the rights of the transgender community.
2. Right to life, liberty and security of the person
35. JS7 recommended that specific cases of sexual violence against lesbians and transsexual women should be investigated and publicized in order to guarantee the rights of such women.
5. Freedom of religion or belief, expression, association and peaceful assembly
57. JS4 reported that, between January 2008 and June 2012, at least 923 human rights defenders had been attacked, including 142 who had been murdered and 6 who had disappeared. Indigenous and municipal leaders and lawyers representing persons with claims to land had been the targets of repeated attacks. Displaced female leaders had been the victims of sexual violence and killings. At least six LGBTI defenders had been murdered between 2009 and 2011.
III. References to SOGI during the Working Group review
I. Summary of the proceedings of the review process
A. Presentation by the State under review
6. The Government respected and protected the work of human rights defenders, including trade union leaders, as a State policy. The mechanisms of protection of human rights defenders, trade union leaders, victims of the armed conflict, communities of African descent, indigenous peoples, members of the LGBTI collective and women had improved.
B. Interactive dialogue and responses by the State under review
81. Iceland asked how perpetrators were held accountable for crimes against trade unionists, journalists, judges, lawyers and human rights defenders, and how victims were protected. It asked how gender-based violence was addressed and investigated and welcomed recognition of the rights of same-sex couples.
111. In reference to the rights of the LGBTI community, the Government included in the National Development Plan a mandate to design a public policy for this group. In the process, for instance, the National Statistics Department had started to establish a baseline with elements of characterization and diagnosis of the LGBTI people. In the same vein, a table to deal with urgent cases and receive complaints on human rights violations against members of the LGBTI community had been established in 2011. This mechanism has so far received more than 100 cases.
IV. Conclusions and/or recommendations
The following recommendation enjoyed the support of Colombia which considers that it is already implemented or in the process of implementation.
116.43. Consider the possibility of enhancing the necessary measures for the protection and integration of the LGBT population (Argentina).l
The following recommendation was noted by Colombia:
117.4. Further recognize the rights of same-sex couples by legalizing same-sex marriage and adoption (Iceland).
V. Adoption of the Report
The report of the working group was adopted at the 24th regular session of the Human Rights Council in September 2013.
Action Canada for Population and Development and the Sexual Rights Initiative welcomed Colombia’s attention to sexual rights. However, they drew attention to legal restrictions on abortion and cases of sexual violence and murder against women, especially lesbians and trans women. They stated that these crimes should be thoroughly investigated, the perpetrators brought to justice, and reparations made.
VI. Further information
UPR Documentation: