Interview with the director of Movimiento Ambiente de Venezuela (MAV) in Caracas on 14 February 1997. MAV was founded in 1993 and is the only legally recognized advocacy organization for homosexuals in Venezuela. It has approximately 500 members. MAV has legal, education, prevention and health departments. The opinions expressed in the text are those of the director. For more information on the status of homosexuals in Venezuela, see Responses to Information Requests VEN28654.FE and VEN28664.FE dated 21 January 1998.

The following information, which provides more recent information on the Law on Vagrants and Crooks, was obtained during a telephone interview on 15 January 1998 with the director of Amnesty International-Venezuela in Caracas. The director said the law had been declared unconstitutional and struck down by a Supreme Court decision on 14 October 1997. The director said that the decision was a historical one in that many judges, politicians and police chiefs consider the law to be the only effective tool in combating the widespread criminality in Venezuela. The director added that the decision to strike down the law is part of the process now under way to reform the Venezuelan penal code and justice system. Although the decision has not yet been published in the Official Gazette of the Congress of the Republic, the law is now no longer enforced in practice. The director also pointed out that the Law on Vagrants and Crooks is no longer used against homosexuals as a result of the Supreme Court decision.

The Daily Journal points out that the House of Deputies’ commission on domestic policy is currently studying four bills that may replace the Law on Vagrants and Crooks. The bills propose penalties that include community work and suspension of work permits and would create special rehabilitation centres that would provide job training and counseling services (18 October 1997). The article does not say when a new law will come into effect.

Situation of Homosexuals in Venezuela

To be a homosexual in Venezuela is very difficult. People do not try to understand that homosexuality is as natural a condition as heterosexuality. Discrimination is experienced beginning in childhood, as families are not prepared to face the situation and consider homosexuality a perversion and a sin. Many children and young adolescents between 12 and 15 years of age are abandoned by their parents because the latter consider them to be homosexual. It is often these young people that one finds working as prostitutes and transvestites on Libertador Avenue in Caracas.

Another problem is that Venezuelan psychologists and psychiatrists convey the idea that homosexuality is acquired. The presentation of this idea to an ignorant population sends the message that an individual's sexual orientation can be changed. This is a manipulative tactic used by these specialists to maintain a clientele that goes to see them for sexual orientation problems; they convince them to visit their offices as frequently as possible, in order to earn more fees.

There is no law against homosexuality in Venezuela, but there is no condemnation stronger than that pronounced by society. Homosexuals are perceived as weak, defenceless persons, prompting police officers to treat them in a violent manner. The Law on Vagrants and Crooks (Ley de Vagos y Maleantes) is often used to torment homosexuals who appear effeminate or who behave in a very effeminate manner. Article 538 of the Penal Code associates homosexuality, without referring to it directly, with behaviour that is a threat to public order and morality. This article is often quoted by police officers raiding gay establishments. Homosexual behaviour is therefore perceived as being sufficiently immoral and harmful to justify enforcement of the Law on Vagrants and Crooks and can lead to a person's imprisonment.

Perception of Homosexuality in Non-governmental Human Rights Organizations and the Possibility of Legal Recourse

The subject of homosexuality makes many people uncomfortable. People prefer to defend causes of a type other than homosexual rights. A heterosexual will be hesitant to defend a homosexual because he will be afraid that his colleagues will think that he too is gay. He will be afraid of losing the esteem of his friends and colleagues. The only other organization that defends the rights of homosexuals is Accion Ciudadani'a contra el SIDA (ACCSI). However, it defends them only when they are HIV positive. ACCSI also defends the rights of heterosexuals who are HIV positive. It intervenes if a person in prison is HIV positive, in order to have that person released. This organization therefore works more in the area of application of law and legal ethics to the AIDS problem. In other words, when there is a police raid in a gay establishment or when an employee is fired from his job because of his/her sexual orientation, it is not ACCSI that will intervene but MAV.

MAV maintains relations with Red de Apoyo par la Justicia y la Paz. Representatives of their organization have come to our office to make presentations on ways to defend our rights, but their support is more instructional than it is direct. What would really help our organization would be for the Programa Venezolano de Educacion-Accion en Derechos Humanos (PROVEA) and Red de Apoyo par la Justicia y la Paz to participate in a march with MAV. That would produce more results. The problem is one of mentality that involves everyone, from the most intellectual to the most ignorant. It is a problem of homophobia shared by all sectors of society that results from the education received by the population. If that education had been different, we would be seeing a completely different attitude toward homosexuality. One of MAV's tasks is to talk about homosexuality in every forum. If we do not bring pressure to bear, our voices will not be heard. The things we denounce will go on forever, because no one is really interested in defending our rights. However, the space that the gay community requires must be demanded from within the country, not by persons who have left and gone to other countries.

Homosexuality and Social Class

The situation in which homosexuals find themselves varies depending on whether the individual is poor, middle-class or a member of the upper class. A homosexual who belongs to the middle class is able to manage better because his economic means give him a degree of independence and he is able to associate with persons at a higher cultural and social level. A homosexual who belongs to the lower class faces real problems. A homosexual in this class suffers the most because he has no protection or guidance; his family does not understand him and does not want to accept him.

There is not necessarily more tolerance for homosexuality in the more privileged classes, but it is certainly easier for a person to live with his homosexuality if he occupies a high-level professional position, controls his own life and is not dependent on others— that is, has a lover, his own apartment, and conducts his life independently. However, a poor person lives in a distinct social environment in which there is a definite negative perception of homosexuality.

MAV knows of a case in which an American and a Canadian who were a homosexual couple, or lovers, were walking hand in hand and kissed in the Ateneo part of Caracas, an area which is frequented by many homosexuals, since it is the arts and culture district, and there is a fair tolerance for homosexuality. The people who saw these two men kiss threw stones at them, as though they were seeing something from another planet. They consider homosexuality immoral and this is how they expressed that belief.

Homophobia is expressed in various ways. There are children and adolescents who are expelled from school because they demonstrate homosexual behaviour. The parents of the other students and the teachers believe that a homosexual cannot be allowed to go to the same school and decide to make his life so miserable that he has no choice but to drop out and leave or to be expelled. If a person is HIV positive, he will be discriminated against, not because he is HIV positive, but because he is homosexual. There are comedies on television that make horrible fun of homosexuals. If this goes on in the media, it is not difficult to imagine the perception that slum dwellers, with no culture and no respect for the dignity of others, have of homosexuals.

Homosexuality and Access to Health Services

According to the clinical statistics, there are many cases of sex changes in Venezuela. Before, most involved men becoming women. Now we are seeing the opposite. The problem is that a number of these people do not have the economic resources to cover the cost of the necessary surgery. The physician is therefore able to proceed with the hormonal stimulation and psychological preparation steps, but cannot perform the operation, as the patient does not have the means to pay. In this sense, the patient's right to health is being denied.

MAV also knows of a case in which a person has been waiting for a sex change for 10 years. The doctors who could perform the surgery do not want to have anything to do with the matter because they associate the operation with a sin. Therefore, on the one side there is the Church, which conveys the idea that homosexuality is a sin, and on the other side there is the homophobia of the general public, the result of ignorance, since sex education is not taught in Venezuela. Without sex education, there can be no open-mindedness or understanding of those who are different. The MAV is trying to deal with this problem by increasing people's awareness of homosexuality. We must do this because no institution wishes to take on this responsibility.

Situation of Homosexuals in the Interior

The greatest tolerance for homosexuals is found in Caracas and Valencia in the State of Carabobo. There is also great acceptance in Puerto La Cruz and Ciudad Bolivar. The situation is horrible in the rest of the country.

Attacks on Homosexuals

There are groups of young upper-middle-class snobs in Caracas who amuse themselves by throwing bottles and stones at transvestites on Libertador Avenue. They amuse themselves by harassing the homosexuals. This happens only to transvestites. There are also groups of pendilleros, young people between the ages of 18 and 25, who amuse themselves by shoving around homosexuals they encounter on the street. MAV denounced this situation in a report to Vladimir Villegas, chair of the subcommittee on human rights of the Congress of the Republic, and to newspapers. This was the first time in Venezuela's history that an official denunciation was made in connection with the rights of homosexuals. Vladimir Villegas himself replied to us, when the document was submitted, saying that this was a very sensitive issue (papa caliente) for the elected representatives and senators who had never imagined that they would receive such a document. The subcommittee forwarded the document to the domestic policy division, which in turn forwarded it to the Ministry of Interinstitutional Relations, which then sent it to a Dr. So-and-So in the office of the Attorney General of the Republic. Three years have gone by and we have still not received a reply. In addition to the homophobia, therefore, there is inefficiency and irresponsibility.

People prefer not to talk about the issue; they prefer to ignore it and pretend that it does not exist. Sometimes heterosexuals will go into a gay bar, mix with the homosexual clientele and steal from them, knowing that the homosexuals form a group that will not report the incident; this opens the door to all sorts of abuse.

Places Frequented by Homosexuals in Caracas

The Simon Bolivar Centre, in downtown Caracas, is frequented by homosexuals who are poor or from the underclass. The Parque Central area is frequented by many transvestites and male prostitutes. The Ateneo of Caracas (Bellas Artes metro station downtown) is frequented by gay artists and musicians. A number of gay bars are also found on Sabana Grande Street. The districts in the geographical centre of the city, such as Chacaito, Chacao and Las Mercedes, are also much frequented by homosexuals. There are some 22 gay bars in Caracas that are known almost exclusively for having a homosexual clientele. There are still many heterosexuals who are unaware that places exist where men dance with other men.

Not all owners of gay bars are homosexuals. Of the 22 establishments frequented by homosexuals, there are perhaps 5 or 6 that are owned by homosexuals. There is one establishment, called "Punch," in the Cedilla shopping centre that opens in the morning on Sundays. All kinds of people can be found there: minors, transsexuals, homosexuals, transvestites, prostitutes, pedophiles ... The owner of this bar is a heterosexual who cares only about the money his establishment brings in. He pays the police to leave his establishment alone, as he knows full well that if he were to refuse, the police would close down the establishment immediately.

The Gay Community's Relations with Police Forces

It cannot be denied that all the police forces are homophobic. They often conduct raids, which they call "social cleansing." The purpose of these raids is to extort money from the owners of gay establishments and to imprison homosexuals. Once the homosexuals are at the police station, they may have their money and watches stolen and may be raped if they have an effeminate appearance or react aggressively toward the police. Some police officers amuse themselves by parading the homosexuals around the police station and believe that they can do what they want with them. If, when one of these raids occurs, a homosexual pays the police officer, nothing will happen to him, he will be left alone. If he does not pay, he will be said to have broken the Law on Vagrants and Crooks and will be put in jail on the false pretence that he was dressed as a woman ... If a homosexual is to avoid problems, he must pay the police.

The security forces best known for their attacks on homosexuals are the National Guard, the metropolitan police and the Judicial Technical Police (PTJ). The Direccion de Servicios de Inteligencia y Prevencion (DISIP) has been quieter since MAV made a disposition to the human rights division at the office of the Attorney General of the Republic (Fiscalia) regarding the presence of DISIP officers in a few gay bars on Sabana Grande street who got into physical confrontations with the clientele. Since the disposition was made, we have had no further problems with the DISIP. In Venezuela, the police consider themselves a very powerful organization that has the right to do what it wants with homosexuals. Sometimes, police officers, with the sole intention of humiliating a homosexual, take him in a police car to the other end of the city, where they leave him, with no clothing, in the middle of the street. This kind of thing can happen to any homosexual, regardless of his social standing. MAV knows of cases where homosexuals in a professional occupation have been thrown out of a discotheque in the Las Mercedes area, which is an upper-middle class area in which many professionals work. The problem is that a person can have high social standing, but absolutely not want his homosexuality to be known by others at home or at work. The fact of laying charges against police conduct such as this therefore exposes the homosexual to having his private life revealed and thereby causes a scandal for which the homosexual will pay. The option to choose at this point is to say nothing.

Detention at a police station generally lasts for 48 hours and is not to exceed 3 days. Afterward, the person is released. During the detention, he can expect anything, from being raped to being physically assaulted, or both.

Police Identification of Homosexuals

MAV has learned that some police officers put some sort of liquid on the identity card of homosexuals when they conduct raids or "social cleansing" operations. This liquid apparently leaves some sort of mark on the document, letting another police officer in a subsequent raid know that this person has already been arrested for prostitution or because he is homosexual. It seems that this is a sort of code between certain police officers that enables them to identify homosexuals. It should be understood that, when a person is arrested for the first time, his name is put on a list at the police station. If that person is arrested a second time, the police will automatically check for his name on the list. Upon the person's third arrest, the police open an investigation (expediente) on the presumption that this person is a criminal under the Law on Vagrants and Crooks.

Homosexuality and the Media

There is less yellow journalism (amarillismo) than in the past. The perception in the media is a little more balanced, but there are still journalists who ridicule homosexuality. It is important to be very sure to whom one is talking, as there are persons who will make out that homosexuality is worse than it is in reality. There are no television programs produced by or for the gay community. Homosexuality is treated better on the radio, with more ease in issue-oriented programming, but even on radio there is no programming by or for the homosexual community. MAV is thinking about proposing a radio program in the future.

Situation of Lesbians

The composition of MAV is 80 percent male homosexuals and 20 percent lesbians. Lesbians are more passive than male homosexuals with respect to demanding their rights. In Venezuelan culture, where it is considered normal for two women to kiss or to hold hands, a lesbian faces fewer problems than does a male homosexual. There is no problem if two women want to rent an apartment. The owner will not suspect anything. However, if two men want to do the same thing, they immediately arouse suspicion. Lesbians have fewer problems with the police. They are harassed less because of their sexual orientation than are homosexual men, owing to the "macho" attitudes in the country. In general, lesbians in Venezuela are more often bisexual rather than homosexual.

This response does not purport to be an exhaustive study of the country under review or to be conclusive as to the merits of any particular claim to refugee status or asylum.

Movimiento Ambiente de Venezuela (MAV), Caracas. 12 February 1997. Interview with director in Caracas.

Amnesty International, Caracas. 15 January 1998. Telephone conversation with director of Venezuela section.

The Daily Journal [Caracas, English-language]. 18 October 1997. "Committee Seeks Plan for 'Vagrants'."

Map no. 1. Metroguia Planos de Caracas. 1995. Caracas: Guia Metropolitana de Caracas, pp. 34-35. >

Maps nos. 2 to 6. Venezuela: A Lonely Planet Survival Kit. 1994. Krzysztof Dydyinski et al. Hawthorn: Lonely Planet Publications, pp. 110-111, 114-115, 132, 129, 131.