A/HRC/41/45/Add.2
Maratane settlement explained: “When I realized I was bisexual, my friends at Maratane
abandoned me. The same happened when my schoolmates got to know about my sexual
orientation. They used to crack jokes about me and say that I am abnormal.”
B.
Violence
51.
The Independent Expert received information and anecdotal evidence from a
number of sources suggesting that police officers often harass and discriminate against
trans sex workers and treat them inappropriately. Reports of violence and abusive
behaviour by clients of trans sex workers are not always taken seriously by police officers
and sometimes lead to arbitrary arrests and release upon payment of a bribe by the client. In
addition, police officers do not always respect the gender identity of trans sex workers who
are often called their official name. Due to social stigmatization and exclusion, some gay
men engage in sex work. In this context, the Independent Expert heard of cases of
institutional violence from the police as a means of punishing those men for transgressing
social and moral codes.
52.
When children disclose their diverse sexual orientation or gender identity, some
families want to “solve the problem” and seek help to bring their child back onto the path of
“normality”. In such cases, parents may resort to the services of members of the clergy to
“free” the child through prayers, and of traditional healers (curandeiros), as they believe
that their child is acting under “external forces” or is sick. Such “treatments”, which can
include psychological, physical and sexual violence, are widely repudiated by major mental
health organizations as they have devastating consequences on the mental and physical
health of lesbian, gay, bisexual and trans people. As part of such attempts to change the
sexual orientation of women and girls, the Independent Expert also heard worrying
testimonies of “corrective rapes” imposed as a punitive measure for a disease that needed to
be cured. Information received suggests that corrective rapes are arranged by the family or
the community, or are organized in the context of a “cure” performed by clergy members or
traditional healers. A lesbian woman living in the Maratane camp explained that she was
raped by boys from the neighbourhood who said: “How can a woman love another woman?
You must be sexually starving! Let’s correct her.”
53.
There is no comprehensive study on the situation of lesbian, gay, bisexual and trans
people in detention, no clear policy on the treatment of these inmates, and law enforcement
and prison personnel lack information and sensitization on the issue. Anecdotal evidence
suggests that gay men and trans people are particularly vulnerable to violence in prison.
The Independent Expert heard concurring testimonies from gay men who had been raped
by other inmates and subjected to pressure by other detainees and prison personnel to
remain silent. Transgender persons are placed in male or female prisons on the basis of
their biological sex, putting them in situations of great vulnerability to violence, including
sexual violence. Furthermore, during their initial detention, transgender people are
subjected to ill-treatment, such as having their long hair shaved and all attire judged to be
“feminine” confiscated.
54.
HIV prevalence among the prison population (24 per cent) is much higher than
among the overall male population. HIV prevention, care and treatment are provided by
health units in prison facilities and, in the absence of such units within the prison
establishment, inmates are referred to an external health centre. The implementation of
health policies in penitentiary institutions is under the authority of the National Penitentiary
Service, which is supported in this regard by the Ministry of Health. The Ministry of Health
is in the process of preparing a biological and behavioural survey of the prison population
with a view to updating its understanding of the number of HIV-positive detainees in penal
establishments throughout the country.
55.
Prisoners are at a greater risk than the general public of being infected with HIV as a
result of unprotected sex, among other behaviour. They were identified as a key population
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