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USAID seeks to bolster LGBTQ rights efforts in Colombia

LGBTQ-inclusive peace agreement took effect in 2016

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U.S. Agency for International Development Colombia Mission Director Larry Sacks. (Photo courtesy of USAID)

BOGOTƁ, Colombia — The director of the U.S. Agency for International Development’s Colombia mission says he and his colleagues remain committed to the implementation of the country’s LGBTQ-inclusive peace agreement.

“The entire portfolio that we have and all of our work here in Colombia is really to support a durable and an inclusive piece,” Larry Sacks told the Washington Blade on Sept. 21 during an interview in BogotĆ”, the Colombian capital. “The core principles of what we do are based on equality, inclusion, rights and justice.”

The agreement then-President Juan Manuel Santos and the Revolutionary Armed Forces of Colombia Commander Rodrigo “Timochenko” LondoƱo signed in Cartagena on Sept. 26, 2016, specifically acknowledged LGBTQ Colombians as victims of the decades-long conflict that killed more than 200,000 people. The accord also called for their participation in the country’s political process.

Wilson CastaƱeda, director of Caribe Afirmativo, an LGBTQ group in northern Colombia with which USAID works, is one of three activists who participated in the peace talks that took place in Havana.

Caribe Afirmativo Director Wilson CastaƱeda speaks to a group of Venezuelan LGBTQ migrants in Barranquilla, Colombia, on Sept. 14, 2021. Caribe Afirmativo is one of the Colombian LGBTQ groups that receives support from the U.S. Agency for International Development. (Washington Blade photo by Michael K. Lavers)

Colombian voters on Oct. 2, 2016,Ā narrowly rejected the agreement in a referendum that took place against the backdrop of anti-LGBTQ rhetoric from religious and conservative groups. Santos and LondoƱo less than two months later signed a second peace agreement — which also contains LGBTQ-specific references — in BogotĆ”.

“That was a very progressive move,” said Sacks in describing the inclusion of LGBTQ Colombians in the agreement.

President IvĆ”n Duque, who campaigned against the agreement ahead of his 2018 election, spoke to the U.N. General Assembly hours before the Blade interviewed Sacks. Duque described it as “fragile.”

“Peace accords worldwide tend to be made or broken within the first five years of implementation, and Colombia is right at that point,” Sacks told the Blade when asked about Duque’s comments. “There are certain people deep in the territories and others and high governments who are really helping and making sure that it’s successful, and that there’s continuity, and that the gains that have been made are irreversible. And there’s others who may question, but at the end of the day, I think that from our analysis, it’s on pace with what we’ve seen of the implementation of other peace accords worldwide.”

“At least from USAID’s perspective, we’re doing everything that we can to help support the implementation on multiple chapters of the peace accord,” he added.

USAID specifically supports the implementation of rural development programs through the agreement, efforts to reintegrate former child soldiers into Colombian society and expand the government’s presence into “violence-affected areas.” USAID also works with the Truth Commission, the Unit for the Search of Disappeared Persons, the Special Jurisdiction for Peace, the government’s Victims’ Unit and NGOs that support the conflict’s victims.

USAID’s fiscal year 2021 budget for Colombia is $212.9 million. Upwards of $50 million of this money is earmarked for human rights work that specifically focuses on indigenous Colombians and Colombians of African descent, security, access to the country’s justice system and victims of the conflict.

More than 200 LGBTQ Colombians reported murdered in 2020

Sacks said USAID’s LGBTQ-specific work in Colombia focuses on four specific areas.

“The first is really to kind of shine a light on, raise the visibility, raise the profile on issues of discrimination and violence and stigma and all the issues that this population is facing,” he said.

Colombia Diversa, a Colombian LGBTQ rights group, on Sept. 15 issued a report that notes 226 LGBTQ people were reported murdered in the country in 2020. This figure is more than twice the number of LGBTQ Colombians — 107 — who Colombia Diversa said were known to have been killed in 2019.

Sacks acknowledged anti-LGBTQ violence is increasing in Colombia.

He said the mission works with Ombudsman’s Office of Colombia, an independent agency within the Colombian government that oversees human rights protections in the country, to provide additional support to LGBTQ rights groups. Sacks noted USAID also works with the Interior Ministry to “support the development of their LGBTQI-plus policies” and the country’s attorney general “to hold those accountable.”

Sacks told the Blade that USAID also works to provide “technical and legal support to help” LGBTQ Colombians and other vulnerable groups “access public goods, services and justice.”

USAID-supported groups assist Venezuelan migrants

The Colombian government earlier this year said there were more than 1.7 million Venezuelan migrants in the country, although activists and HIV/AIDS service providers with whom the Blade has spoken say this figure is likely much higher. Duque in February announced it would legally recognize Venezuelan migrants who are registered with the country’s government. 

The Coordination Platform for Migrants and Refugees from Venezuela notes upwards of 5.4 million Venezuelans have left the country as of November 2020 as its economic and political crisis grows worse. The majority of them have sought refuge in Colombia, Brazil, Ecuador, Peru and Chile.

Venezuelan migrants are among the upwards of 570,000 people who have benefitted from a USAID program that provides direct cash assistance — between $49-$95 per family — for six months in order to purchase food and other basic needs. USAID also supports Americares, a Connecticut-based NGO that operates several clinics along the Colombia-Venezuelan border and in northern Colombia that specifically serve Venezuelan migrants with the support of the Colombian Health Ministry.

The U.S. Agency for International Development and other groups support a hand washing campaign on the Simón Bolívar International Airport that spans the TÔchira River, which marks the Colombia-Venezuela border. (Washington Blade photo by Michael K. Lavers)

The U.S. Agency for International Development and other groups have placed hand washing stations on the Simón Bolívar International Airport that spans the TÔchira River, which marks the Colombia-Venezuela border. (Washington Blade photo by Michael K. Lavers)

Sacks noted USAID has an “agreement with” Aid for AIDS International, a New York-based group that serves Venezuelans with HIV/AIDS. Aid for AIDS International has used this support to conduct a survey of 300 sex workers in Maicao, MedellĆ­n and Cali.

USAID is also working with the Health Ministry to provide health care to Venezuelan migrants with HIV/AIDS, among others, who are now legally recognized in Colombia.

Caribe Afirmativo has opened three “Casas Afirmativos” in Maicao, Barranquilla and MedellĆ­n that provide access to health care and other services to Venezuelan migrants who are LGBTQ and/or living with HIV/AIDS. MedellĆ­n officials have also invited Caribe Afirmativo staffers to speak with LGBTQ migrants in the city’s public schools.

“Colombia has shown a generosity that you don’t see in many other countries with regard to migrant populations,” Sacks told the Blade. “They really open their borders, their homes, their hearts, to migrants, including the LGBTI community.”

Biden global LGBTQ rights memo is ‘tremendous benefit’

The White House earlier this year released a memorandum that committed the U.S. to promoting LGBTQ rights abroad. State Department spokesperson Ned Price in May told the Blade the protection of LGBTQ migrants and asylum seekers is one of the Biden administration’s priorities on this front.

Sacks said the memo “gives us the political framework with which to operate and obviously sends a message from the highest levels of the U.S. government about LGBTQI-plus rights and equality and inclusion.”

“So for us, it’s a tremendous benefit,” he told the Blade.

USAID Administrator Samantha Power — a vocal champion of LGBTQ rights — has yet to visit Colombia, but Sacks said she has spoken with Vice President Marta LucĆ­a RamĆ­rez.

“We hope to get her down,” said Sacks.

Editor’s note: Michael K. Lavers was on assignment in Colombia from Sept. 11-22.

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European Union

Top EU court: Poland must recognize same-sex marriage from other European countries

Activists celebrate landmark decision

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The Polish Sejm in Warsaw in 2024. The European Union's Court of Justice has ruled Poland must recognize same-sex marriages legally performed in other member states. (Washington Blade photo by Michael K. Lavers)

The European Union’s top court on Tuesday ruled member states must recognize same-sex marriages legally performed in other member states.

The EU Court of Justice in Luxembourg ruled in favor of a couple who challenged Poland’s refusal to recognize their German marriage.

ILGA-Europe notes Polish authorities refused ā€œto transcribe into the civil register a certificate of same-sex marriage concludedā€ in Germany ā€œbetween a Polish citizen and a Polish-German citizen … on the grounds that Polish law does not allow same-sex marriage.ā€

The couple who lives in Poland brought their case to Polish courts. The Polish Supreme Administrative Court referred it to the EU Court of Justice.  

ā€œToday’s ruling of the Court of Justice of the EU is of key importance not only for the couple involved in the case, but also for the entire LGBT+ community in Poland,ā€ said the Campaign Against Homophobia, a Polish LGBTQ and intersex rights group, in response to the decision. ā€œIt clearly states that refusing to transcribe a marriage concluded abroad is incompatible with EU law. Therefore, regardless of the absence of registered partnerships and marriage equality, Poland must ensure the possibility of effective transcription.ā€ 

ā€œWith this judgment, the CJEU clearly states that the recognition of marriage status is key to enjoying EU citizens’ fundamental right to freedom of movement across the EU,ā€ added ILGA-Europe Advocacy Director Katrin Hugendubel. ā€œThe EC now needs to ensure that this judgment is implemented quickly by the Polish state and across the EU.ā€

Sixteen EU countries — Ireland, Portugal, Spain, France, Luxembourg, Belgium, the Netherlands, Germany, Denmark, Austria, Slovenia, Malta, Greece, Sweden, Finland, and Estonia — have extended full marriage rights to same-sex couples. Poland, Romania, Bulgaria, and Slovakia are the EU countries with no legal recognition of same-sex couples.

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Dominican Republic

Dominican court strikes down police, military sodomy ban

Nov. 18 ruling ā€˜a decisive step’ against discrimination

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(Bigstock photo)

The Dominican Republic’s Constitutional Court on Nov. 18 ruled the country’s National Police and Armed Forces cannot criminalize consensual same-sex sexual relations among its members.

Human Rights Watch in a press release notes the landmark decision struck down Article 210 of the National Police’s Code of Justice and Article 260 of the Armed Forces’ Code of Justice.

Police officers and servicemembers who engaged in same sex ā€œsodomyā€ faced up to two years or one year in prison respectively. Human Rights Watch in its press release said the provisions violated ā€œconstitutional guarantees to nondiscrimination, privacy, free development of personality, and the right to workā€ in the Dominican Republic.

ā€œFor decades, these provisions forced LGBT officers to live in fear of punishment simply for who they are,ā€ said Cristian GonzĆ”lez Cabrera, a senior Human Rights Watch researcher. ā€œThis ruling is a resounding affirmation that a more inclusive future is both possible and required under Dominican law.ā€

Consensual same-sex sexual relations have been legal in the Dominican Republic since 1822, more than two decades before it declared independence from neighboring Haiti.

The Armed Forces Code of Justice had been in place since 1953. The National Police Code of Justice took effect in 1966.

Anderson Javiel Dirocie de León and Patricia M. Santana Nina challenged the policies in court.

ā€œThis decision marks a decisive step toward ensuring that these institutions, as well as any public or private body, adapt their rules and practices to guarantee that no person is discriminated against or sanctioned for their sexual orientation,ā€ said Santana in the press release.

Dominican law does not ban discrimination based on sexual orientation or gender identity in employment, education, housing, and other areas. The country’s constitution defines marriage as between a man and a woman.

James ā€œWallyā€ Brewster, who was the U.S. ambassador to the Dominican Republic from 2013-2017, is openly gay. Religious leaders frequently criticized him and his husband, Bob Satawake.

Brewster in a text message to the Washington Blade said the Constitutional Court ruling is “important.”

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Brazil

Black transgender singer from Brazil wins three Latin Grammy Awards

Liniker performed at Las Vegas ceremony

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Liniker (Screen capture via Liniker/YouTube)

A Black transgender singer and songwriter from Brazil on Nov. 13 won three Latin Grammy Awards.

Liniker, who is from Araraquara, a city in SĆ£o Paulo State, won for Best Portuguese Language Song for her song ā€œVeludo Marrom,ā€ Best Portuguese-Language Urban Performance for her song ā€œCajuā€ from her sophomore album of the same title, and Best Portuguese Language Contemporary Pop Album for ā€œCaju.ā€

She accepted the awards during the Latin Grammy Awards ceremony that took place in Las Vegas. Liniker also performed.

ā€œI’ve been writing since I was 16. And writing, and poetry, have been my greatest form of existence. It’s where I find myself; where I celebrate so many things I experience,ā€ said Liniker as she accepted her first Latin Grammy on Nov. 13. ā€œAnd being a composer … Being a trans composer in Brazil — a country that kills us — is extremely difficult.”

Liniker in 2022 became the first openly trans woman to win a Latin Grammy.

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