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3rd UPR session
Date of review: 10 December 2008
Date of report adoption: 13 January 2009
Document number: A/HRC/10/82
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SUMMARY SOGIESC issues during Colombia’s 1st UPR review |
I. SOGIESC issues/recommendations identified by NGOs
1. In accordance with information submitted by 34 organizations (JS3), in February 2008, the Colombian Government wrote to the civil and human rights organizations asking for their views regarding the human rights situation in the country for the purpose of the report to be submitted for the universal periodic review. Those organizations reported that the Alianza de Organizaciones Sociales y Afines por la Democracia y la Paz (Alliance of Social and Related Organizations for Democracy and Peace) (754 organizations), the Colombia-Europe-United States Coordination (199 organizations) and the Plataforma Colombiana de Derechos Humanos, Democracia y Desarollo (Colombian Human Rights, Democracy and Development Platform) (110 organizations) queried the methodology employed by the Government for the review, considering that the State’s attitude has been one rather of conflict than collaboration with civil society. For their part, the organizations representing the LGBTTTTTI (lesbians, gays, bisexuals, transgenderists, transvestites, transformists, transgender, trans and intersex) sector reported that they had not been included in the survey, as they are not considered to be valid contributors owing to existing prejudice towards their working areas.
Equality and non-discrimination
10. While some positive changes have been observed in the law favouring the rights of LGBT persons, these have been obtained through judicial proceedings (tutela action) and the jurisprudence of the Constitutional Court, as reported by 34 organizations in their joint submission (JS3). Colombia Diversa (CD) also submitted information about discrimination at work, in the access to and quality of health services, and in the right to education; on violence based on prejudice; on police abuse and on the situation of LGBT persons deprived of liberty. Trans-ser also contributed information concerning the problems affecting this group.
Right to life, liberty and security of the person
14. According to JS1, between 2002 and 2007, around 932 persons were subjected to torture; 90.6 per cent of these cases involved the State’s responsibility, while 9.4 per cent are believed to be attributable to the guerrilla. Out of the total number, 82 were women and 33 minors. There were further reports of cases of cruel and degrading treatment by the police against the LGBT population.
Right to privacy, marriage and family life
27. The JS3 organizations mentioned the rights of same-sex couples, referring to one case in particular on which the Human Rights Committee had expressed its opinion in 2005 (Communication No. 1361/2005). Right to work and to just and favourable conditions of work
32. LGBT persons face greater obstacles at work on account of discrimination for reasons of sexual orientation and gender identity/expression, according to reports by the JS3 organizations.
Right to social security and to an adequate standard of living
33. The JS1 organizations indicated that although the country has enjoyed significant levels of economic growth in recent years, this has not led to a decrease in inequality, poverty and unemployment. Regressive measures have been adopted, such as cutting back resources transferred to local authorities for investments related to health, education and basic sanitation. According to official figures quoted by the JS1 organizations, 41 percent of the population are in a situation of food insecurity, while public health has been deteriorating. The health system suffers from very uneven levels of coverage and quality, which depend on people’s ability to pay. A further concern is the closure and privatization of the specialized hospital network. The JS3 organizations noted the absence of public policies in favour of the LGBT population.[…]
Right to education
36. The JS1 organizations reported that in Colombia primary education is not free of charge. According to official data, the rate of illiteracy among persons over the age of 15 is 7.9 per cent. The rate among Afro-Colombian women is 18.4 per cent and men 16.9 per cent, among indigenous men 13.1 per cent and indigenous women 22 per cent. According to the JS3 organizations, discrimination on the ground of sexual preference is encouraged by several bodies in the education system, which is reflected in the lack of public policies in favour of the LGBT population.
Internally displaced persons
38. The JS3 organizations also informed about little recognized displacement situations of LGBT persons on account of their sexual preferences, identity, appearance or gender expression.
II. Excerpts on SOGIESC issues from the national report
Discrimination and particularly vulnerable population groups
58. Colombia remains firmly committed to eliminating and punishing any form of discrimination based on motives of race, sex, religion, nationality, gender, language, sexual orientation, economic or social status or other causes and conditions in general. The Constitution requires particular care to be taken to uphold the human rights of those parts of the population that are especially vulnerable, and positive discrimination to be practised.
(v) Lesbians, gays, bisexuals and transvestites
77. The subject of special protection for same-sex couples has appeared on the public agenda in Colombia, and has led to important developments in jurisprudence. The Constitutional Court has on various occasions upheld the right of same-sex couples to equality. It has recognized that a de facto marital union (and the ensuing property rights), access to the mandatory health scheme and access to a survivor’s pension must be safeguarded for same-sex couples on the same terms as for heterosexual couples. Colombia now faces the challenge of continuing to advance in this area.
III. Excerpts on SOGIESC issues by UN agencies
No references.
IV. References to SOGIESC issues during the Working Group review
40. The Czech Republic acknowledged recent positive changes in legislation regarding the rights of persons of minority sexual orientation or gender identity. It recommended (f) conducting public awareness raising campaigns against social prejudices and for upholding the principle of equality and nondiscrimination regardless of sexual orientation and/or gender identity.
V. Conclusions and/or recommendations
Colombia accepted the following recommendations:
Conduct public awareness campaigns against social prejudices and for upholding the principle of equality and non-discrimination regardless of sexual orientation and/or gender identity (Czech Republic).
VI. Further information
You will find all documents relating to Colombia’s first review at UPR-Info and OHCHR’s websites.