In Peru, every year, there are killings of members of the LGBTI community, and the Peruvian Government does absolutely nothing to sanction these crimes. Peruvian LGBTI activists always have pursued a hate crime law to protect themselves and not let all these LGBTI lost lives go unnoticed. However, in Peru, there always has existed and exist a discriminatory force, a blocking force, a force that destroys every attempt to propose a hate crime law that covers the LGBTI community in the categories of sexual orientation and gender identity. Lets review the history of Peru to know who are these discriminators and homophobics that are attempting against our human rights.
– October 22nd, 2009, hate crime law project No. 3584/2009-CR was proposed to incorporate the figure of hate crimes in the Peruvian Penal Code. This project defines hate crimes when a person commits a crime against another person and uses as a motivation hate or repugnance based on race, gender, age, mental or physical disability, economical condition, religion, ethnicity, nationality, political affiliation, sexual orientation or sexual identity of the victim. As you guys can see, it was pretended to include the categories or sexual orientation and gender identity. The 2010 Justice and Human Righs Commission of Peru made an exquisite analysis of several countries and approved this law project on June 7th, 2010 in its annual session 2009-2010, extraordinary session No. 2, but the Congress of Peru archived this law project. Who were the major political parties in the Congress of Peru term 2006-2011? Unión por el Perú with 45 congresists, and Apra with 36 congresists.
– September 28th, 2011, a hate crime law project No. 272/2011 is proposed, and it was intended to protect twelve categories: race, ethnicity, religion, sex, gender, sexual orientation, gender identity, illness, disability, social condition, political sympathy and sport hobby of the victim. This project was archived and replaced with law project 609/2011.
– December 6th, 2011, a hate crime law No. 609/2011 is proposed, and it needed a ruling by the 2011-2012 Peruvian Justice and Human Rights Commission, and then voting by the Congress of Peru. This law project sought to include in the article 46-D of the Peruvian Penal Code motives of discrimination when one person feels repugnance, contempt or rejection towards another person and commits a crime based on race, ethnicity, culture, religion belief, sex, sexual orientation, gender identity, illness, disability, social condition, political sympathy, sport hobby or other aspect of the victim. At that time, the actual cogresist, Alberto Beingolea Delgado from political party PPC-APP, was the president of the 2012-2013 Peruvian Justice and Human Rights Commission, and he suggested recommendations to improve this law project. It was him as well, the one who delayed to put this law project in the agenda of the commission passing all the 2012 year without being debated. This hate crime law project is approved in this commission but the protected categories of sexual orientation and gender identity were removed. Who were the accomplices in this elimination of these protected categories directed to protect the LGBTI community in Peru? The president of this commission, Maria Soledad Perez Tello de Rodriguez from political party PPC-APP, Julio Pablo Rosas Huaranga from political party Fuerza Popular, Martha Gladys Chavez Cossio from political party Fuerza Popular, and Humberto Lay Sun from political party Alianza por el Gran Cambio. Their excuse was, ¨There has only been 7 killing of LGBTI members in 2012¨. The majority of political parties that composed this 2012-2013 Peruvian Justice and Human Rights Commission were Gana Peru with 6 congresists in it, and Fuerza Popular with 5 congresists in it. This hate crime law project was rejected by the Congress of Peru with 56 votes against, 17 didnt vote, and 27 on favor. The discriminatory speeches towards the LGBTI community in Peru were given by Julio Rosas and Martha Chavez, both from Fuerza Popular political party.
Based on the history of Peru, we can observe that the Peruvian homophobic congresists are not many. This has only been an analysis to the hate crime laws proposed, if we make an anlysis to the Civil Union law project in Peru, there we have another set of homophobic congresists. If we add them up, we can determine who are the homophobic congresists that are against equality in Peru, and we know them very well. They carry intolerance, hate, homophobia but overall violation of human rights. As much as you educate them, they dont want to learn, they are ignorant and refuse to believe in human rights for the LGBTI community in Peru even with all the great advances of the LGBTI community worldwide. For them, the killings of 7 LGBTI members in Peru in 2012 was not enough to justify a hate crime law that would have protected the LGBTI community in Peru adding the categories of sexual orientation and gender identity.
I feel sorry to live in such a beautiful country like Peru but with the following hate crime indicators:
– Between 2006 and 2010, 249 LGBTI members have been killed.
– In 2011, 14 LGBTI members have been killed.
– In 2012, 7 LGBTI members have been killed.
– Between January 2013 and March 2014, 17 LGBTI members have been killed.
ADDING UP: 287 LGBTI members of the LGBTI community in Peru have been killed since 2006 to March 2014.
What does mean for the Peruvian Government? Nothing. This is shameful and should be an international call to look at this country, and how they play with LGBTI human rights in Peru. We have two international resolutions, the one from Paraguay approved on June 2014 who ask affiliated countries to the OEA to compromise in the protection of their respective LGBTI communities, and the one resolution approved by the United Nations Counsel on September 2014 which condemns discrimination to LGBTI members based on sexual orientation and gender identity, both signed by Peru, but what does Peru do in the practice? Nothing. Because of some homophobics congresists that are in the Congress of Peru which their only function seem to propagate their homophobia and impede any advancement of human rights for the LGBTI community in Peru, we dont move on.
It is time to change politics in Peru but that implies to get rid of many congresists inside of it. It is time to clean up the country of so much ignorance, that is why we dont progress as a country. We need a lot of internationl help that are pro LGBTI human rights to help us to get rid of this intolerance! Only then, we will be a potential country with several advancement in human rights for all!
Written by Yvo Minchon, independent LGBTI activist.