According to the World Human Rights Guide, "to practise homosexuality between consenting adults is a personal right" in Mexico (1987, 181). Although there is "no specific mention of homosexuality in the code of law, its practice comes under "immorality charges"(ibid.).

According to articles in The Associated Press and Reuters, homosexuals cannot serve in the Mexican Armed Forces (MAF) (AP 20 July 1993; Reuters 12 Feb. 1993). Strong social prejudices still associate homosexual behavior with AIDS and "open homosexuality remains strictly taboo" (San Antonio Express-News 12 Dec. 1993).

The following information was obtained during a telephone interview held on 4 January 1994 with a Mexican lawyer. In general, Mexican society perceives homosexuality as an immoral behavior. The machismo culture that prevails in Mexico remains a major explanation for this attitude towards homosexuality. However, the area called "Region del Isthmo" in the state of Oaxaca, southern region of Mexico near the Guatemalan border, may represent an exception to this prevalence due to the Zapoteca indigenous culture. Within this culture, women play an important role, often more important than men do. Homosexuals form a sizeable community in that region, and their rights as individuals are respected by both men and women.

For further information on the situation of homosexuals in Mexico, please consult the attached articles.

A fax to the DIRB from the legal affairs section of the Embassy of Mexico in Ottawa contains photocopies of articles of the Mexican penal code that the Legal Affairs Attach‚ considers to be related to homosexual behavior. The fax is in Spanish and can be obtained from the DIRB upon request.

This response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Centro de Derechos Humanos de Tehuantepec, Oaxaca, Mexico. 4 January 1995. Telephone interview with researcher.

Reuters. 12 February 1993. BC Cycle. "No Homosexuals In Mexico's Army, General Says." (NEXIS)

San Antonio Express-News. 12 December 1993. Nancy Nusser. "Mexicans with AIDS Battle Prejudice." (Mexico NewsPak [Austin], 6 December-19 December, Vol. 1, No. 23, p.10)

The Associated Press (AP). 20 July 1993. "A look at other nations' policies towards gays in the military." (NEXIS)

World Human Rights Guide. 1987. Compiled by Charles Humana. Oxford: Oxford University Press.

Attachments

Reuters. 12 February 1993. BC Cycle. "No Homosexuals In Mexico's Army, General Says." (NEXIS)

San Antonio Express-News. 12 December 1993. Nancy Nusser. "Mexicans with AIDS Battle Prejudice." (Mexico NewsPak [Austin], 6 Dec.-19 Dec., Vol. 1, No. 23, p.10)

New York Times. 26 March 1994. "Gay Man Who Cited Abuse in Mexico Is Granted Asylum". (Mexico NewsPak [Austin], Mar. 14- Mar. 27., Vol. 2, No. 4, p. 10)

Additional Sources Consulted

Countries of the World and Their Leaders Yearbook. 1988-present. Edited by Thomas F. Bowen and Kelley S. Bowen. Detroit: Gale Research.

Latin America Press. January 1992-April 1994.

Political Handbook of the World: 1987. 1987. Edited by Arthur S. Banks. Binghamton, NY: CSA Publications.

Political Parties of the World. 1988. 3rd ed. Edited by Alan J. Day. Chicago: St James Press.

World Encyclopedia of Political Systems & Parties. 1987. 2nd ed. Edited by George E. Delury. New York: Facts on File Publications.

On-line searches.

Oral Sources.