A/HRC/43/51/Add.1
48.
The Special Rapporteur commends the important role of women defenders in the
promotion of democracy, justice and peace in Colombia. Thanks to the women’s and
feminist movement and its leadership before and during the Peace Agreement negotiations,
the Agreement contains 122 cross-cutting gender-sensitive measures.
4.
Defenders of the rights of lesbian, gay, bisexual, transgender and intersex persons
49.
The Special Rapporteur deeply regrets the death in 2017 of six defenders of the
rights of lesbian, gay, bisexual, transgender and intersex persons (one fewer than in 2016)
and the increase in threats against this group, as well as the fact that the Attorney General’s
Office opened only 17 investigations into the 60 threats reported in 2017. 71 Information for
2018 indicates that one defender of the rights of lesbian, gay, bisexual, transgender and
intersex persons was killed. Defenders of the rights of that community have identified an
urgent need to improve the protection provided by the National Protection Unit, which does
not currently meet the specific needs of this category of defenders.
50.
The Special Rapporteur recognizes the important role of defenders of the human
rights of lesbian, gay, bisexual, transgender and intersex persons and that of the
Constitutional Court in advancing the rights of that community. As a result of their work,
same-sex marriage and social security and pension rights for same-sex couples are now
recognized in Colombia, as are the rights to undergo gender reassignment surgery and to
change one’s name and gender in the Civil Registry. The Special Rapporteur welcomes the
adoption of public policy to guarantee the rights of lesbian, gay, bisexual, transgender and
intersex persons and persons of diverse sexual orientations and gender identities. 72
51.
However, important initiatives supported or led by civil society have been attacked
by conservative sectors of society that are opposed to such advances and the recognition of
such rights, which they consider “an imposition of the so-called ‘gender ideology’”,
contrary to traditional Christian values and the traditional concept of family. The process of
reviewing school materials to raise awareness of gender roles and diversity of gender
identities, in compliance with Constitutional Court decision T-478,73 was halted following
the collection of two million signatures and provoked attacks in the media and on social
networks against the former Minister of Education and the lesbian, gay, bisexual,
transgender and intersex community. 74 Similarly, there were objections to the inclusion of
contributions to the Peace Agreement related to the rights of this community, leading some
to vote no or abstain from voting in the referendum on the Peace Agreement, which,
according to some sources, may have influenced the results. 75
5.
Human rights lawyers and lawyers for victims of the conflict
52.
Both lawyers representing victims of serious human rights violations during the
conflict and human rights lawyers are at risk. They make up at least 2 per cent of all
defenders killed since the signing of the Peace Agreement. 76 They receive death threats and
are falsely accused of belonging to subversive groups, and their houses and associations are
subject to searches. The work of these defenders and associations such as the Regional
Corporation for the Defence of Human Rights, the Luis Carlos Pérez Lawyers’ Collective
and the National Movement of Victims of State Crimes is fundamental in supporting
victims in the context of transitional justice, advising them and representing them when
71
72
73
74
75
76
GE.19-22542
Colombia Diversa, Caribe Afirmativo, La discriminación, una guerra que no termina. Report on the
human rights of lesbian, gay, bisexual and transgender people in Colombia 2017, 2018, pp. 29, 56 and
73.
Decree No. 762 of 2018.
This judgment, dated 3 August 2015, was handed down in the case of a 16-year-old student who
committed suicide because of the bullying he faced at school on account of his sexual orientation.
www.eltiempo.com/vida/educacion/cartillas-sobre-diversidad-sexual-en-colegios-genera-debate-encolombia-39931.
Olga L. González, “La otra subversión: la emergencia del ‘género’ en el proceso de paz en
Colombia”, Trayectorias Humanas Transcontinentales (special issues), No. 1 (2017): Conflictos y
procesos de paz: el caso de Colombia, pp. 115 et seq.
Colombian Commission of Jurists, ¿Cuáles son los patrones? Asesinatos de líderes sociales en el
post Acuerdo.
13
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