Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Legislation

A Constitutional Court of Columbia (Corte Constitucional de Colombia) ruling issued in 2009 (Decision C-029 of 2009) states that the rights offered to cohabitating heterosexual couples are applicable to same-sex couples, who can claim them after two years of living together by registering their partnership (Colombia 28 Jan. 2009). According to the ruling, these civil and political rights include nationality, residency, housing protection and state benefits (including civil protection measures), and health and education programs (ibid. 2009).

Sources report that in 2011, the Constitutional Court ruled that same-sex unions are legal but found that lawmakers have failed to pass legislation in this regard (Jurist 19 Feb. 2015; Reuters 7 Apr. 2015). According to an abstract of a 2011 Constitutional Court ruling, Decision C-577/11, prepared by the Court, the Court asked Congress to "make a law about gay marriage" to recognize the rights of homosexual couples, including their right to form a family (Colombia 2011). According to the decision, the Court indicated that if Congress failed to pass this law in two years, "homosexual couples may go before a Notary in order to legalize their union" (ibid.).

Sources report that a notary who refused to "marry" a same-sex couple in 2013 was ordered to do so by a judge after an appeal was made (Jurist 19 Feb. 2015; AFP 27 July 2013). According to sources, the first known legalized same-sex union happened on 24 July 2013 in Bogotá when a judge ruled that a same sex couple could be united under a civil union but did not use the term "marriage" because the term is not recognized by the law for same-sex unions (AFP 27 July 2013; El Pais 24 July 2013).

In a 7 April 2015 Reuters article, the head of Colombia Diversa, a leading LGBT human rights organization, indicated that for a non-heterosexual union, a marriage license is "issued at the discretion of a local notary and judge" and that there's "'still uncertainty about how to interpret the court's ruling on gay marriage'" (Reuters 7 Apr. 2015). Moreover, the same source told Reuters that so far, only 30 same-sex couples have been awarded a marriage license in Colombia (ibid.). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that Colombia passed an anti-discrimination law that includes sexual orientation as a prohibited ground of discrimination (Washington Blade 29 May 2014; TeleSur 11 Sept. 2014; Bogotá 14 Apr. 2015). In correspondence with the Research Directorate, a representative of the city of Bogotá's Sexual Diversity Directorate (Dirección de Diversidad Sexual) and the Secretary of District Planning (Secretaría Distrital de Planeación), a government entity that coordinates public policy to guarantee the rights of LGBT people, indicated that Law 1482 of 2011 states that discriminatory acts directed at people because of gender and sexual orientation is a crime that can be punished by [translation] "imprisonment ranging from 12 to 36 months and a fine of 10 to 15 monthly legal minimum wages, unless the conduct constitutes an offense punishable by a heavier penalty" (Bogotá 14 Apr. 2015).

According to an abstract of Decision T-248-12 by the Constitutional Court of Colombia, the Higuera Clinical Laboratory prevented a gay male from donating blood because of his sexual orientation, citing Decree No. 1571 of 1993 that "prohibited this to gays" (Colombia 26 Mar. 2012). The Court ruled in favour of the plaintiff and ordered the clinic to implement a new survey and interview to identify risk factors for blood donations, "without taking into account the sexual orientation" of donors(ibid.).

1.1 Adoption of Children

Sources indicate that, in 2014, the Constitutional Court ruled that Verónica Botero could legally adopt the biological child of her partner, Ana Leiderman (Jurist 19 Feb. 2015; Al Jazeera 29 Aug. 2014). Sources indicate that in February 2015, the Constitutional Court of Colombia upheld a ruling that only allows same-sex couples to adopt children if one parent has a biological relation to the child (IGLHRC 19 Feb. 2015; Colombia Reports 19 Feb. 2015). Sources indicate that the Court decision to allow Botero to adopt her partner's biological child was blocked by a local autonomous judge and, as of April 2015, the couple is still waiting (Reuters 7 Apr. 2015; LGBT Weekly 8 Apr. 2015) for adoption papers (ibid.).

2. Treatment of Sexual Minorities
2.1 Treatment by Society

According to the US Department of State's Country Reports on Human Rights Practices for 2013, there are reports of "societal abuse and discrimination" against the LGBT community (US 27 Feb. 2014, 47). Sources indicate that opponents of gay marriage in Colombia are the Catholic Church, conservative lawmakers (El País 24 Apr. 2013; Reuters 7 Apr. 2015), and Colombia's "powerful inspector general" (ibid.). According to a 7 April 2015 Reuters article, these opponents "view homosexual acts as a sin and say only a man and woman can form a family and have the right to adopt" (ibid.). El Espectador, a Colombian newspaper based in Bogotá, reports that the Husband and Wife Foundation (Fundación Marido y Mujer) is an NGO whose goal is to oppose same-sex marriages (El Espectador 9 Nov. 2013). Sources indicate that the Director of the Husband and Wife Foundation sent a letter to the Pope, requesting him to intervene and prevent the Constitutional Court from allowing same-sex couples to adopt children (El Colombiano 26 Jan. 2015; Caracol 5 Feb 2015).

A 19 February 2015 article published by Colombia Reports, a news website on Colombian issues, cites Juan Fernando Cristo, the Interior Minister as saying that debates on LGBT issues such as gay adoption should be discussed in a "framework of respect" by Congress and that it's important for Colombia to "'move forward in ensuring non-discrimination against same-sex couples" (Colombia Reports 19 Feb. 2015).

El Espectador, indicates, without providing details, that a 2014 report by the Ministry of the Interior states that there have been cases of discrimination against LGBT persons where they were "removed" from shopping malls, parks, churches, and areas of prostitution (El Espectador 28 July 2014). According to El Espectador, the report also indicates that there is a high number of murders of transwomen (ibid.). The same source reports that while in the cities of Sincelejo and Maicao the Attorney General has prioritized cases of murders against transwomen, out of 202 cases, only 7 are at the trial stage and only 8 have been convicted (ibid.). Moreover, the article cites the coordinator for the Ministry of Interior's Minority Groups division as saying that there haven't been cases where LGBT persons have been victims of explicit [translation] "hate crimes" and that they are working with the Attorney General to have suspects of crimes against LGBT prove that they weren't motivated by homophobia (ibid.).

The Sexual Diversity Directorate representative indicated that according to the directorate's 2014 Multipurpose Survey (Encuesta Multipropósitos), a survey with statistical information on social, economic and urban demographics for the city of Bogotá (El Nuevo Siglo 9 Oct. 2014), 8.86 percent of Bogotá residents have witnessed a person be discriminated against, harassed or made to feel bad due to their sexual orientation (Bogotá 14 Apr. 2015). Similarly, a 2014 public policy base line report (línea de base de la política pública 2014), indicates that 69.4 percent of LGBT people have experienced discrimination or have had their rights violated (ibid). Moreover, the representative of the Sexual Diversity Directorate indicated that the National Attorney General (Fiscalía General de la Nación) revealed that, through its Information System of the Oral Accusatory Criminal Procedure System (Sistema de Información del Sistema Penal Oral Acusatoria), 46 complaints of discrimination were registered by persons identifying as LGBT between 2012 and 2014 (ibid). Further information on these cases could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources report that on 4 August 2014, 16-year-old Sergio Urrego committed suicide after experiencing discrimination by officials at his school, due to his sexual orientation (El País 28 Jan. 2015; El Espectador 13 Sept. 2014). Sources indicate that, according to his family, Urrego was sent to see a psychologist by school officials after they discovered that he was gay (ibid.; El País 28 Jan. 2015). According to sources, the Constitutional Court is reviewing the case after Urruego's mother lodged a human rights complaint after his death (ibid. 14 Feb. 2015; RCN Radio 15 Feb. 2015).

2.2 Treatment by Criminal Groups

The April 2013 issue of the Forced Migration Review (FMR), a publication of Oxford University's Refugee Studies Centre (RSC) dealing with internal displacement, indicates that criminal groups target homosexual and transgender individuals, and that 30 percent of displaced LGBT people living in Bogotá say that the reason they fled is related to their sexual orientation or gender identity (RSC Apr. 2013, 39). According to the same article,

[t]he places of origin of the population displaced by violence are also the areas with the highest levels of violations of the rights of LGBT people, mainly transgender women. Guerillas and paramilitary groups direct violence against sectors considered to be opposed to the social order they wish to maintain since they see them as symptoms of "social decay." (ibid.)

According to sources, a 2014 report by the Ministry of the Interior indicates that the violence against LGBT groups by armed groups and criminal groups (bandas criminales or bandas criminales emergentes, bacrim) including los Rastrojos, a drug trafficking organization, has "worsened in recent years" (Colombia Reports 29 July 2014; El Espectador 28 July 2014). These same sources report that on 9 July 2014, los Rastrojos sent death threats to various human rights defenders in the department of northern Atlantic state, via a pamphlet that declared them "'military targets'" (Colombia Reports 29 July 2014; El Espectador 28 July 2014). A member of Caribe Afirmativo, an organization defending LGBT rights in Colombia, received one of these threats (ibid.). Moreover, sources indicate that the pamphlet included a message by los Rastrojos that said rights defenders of "gays and lesbians" will be killed (ibid.; Colombia Reports 29 July 2014) and that they have "'72 hours to hide or confront us'" (ibid.). According to El Espectador, the 2014 report by the Ministry of the Interior indicates that there are cases of torture against lesbian women by suspects allegedly belonging to paramilitary groups (El Espectador 28 July 2014). For additional information on what it means to be declared a military objective, see Response to Information Request COL105118.

According to a Colombia Diversa report based on research conducted with experts, activists, victims, and public officials, a total of 15 pamphlets containing death threats against LGBT people were distributed in 2012 in the departments of Antioquia (1), Atlántico (6), Bolívar (4), Magdalena (1), Santander (1), and Sucre (2) (Colombia Diversa 2014, 6, 12). The report indicates that these pamphlets were posted on street posts and sometimes delivered to the homes of the targets named in the pamphlet by groups such as los Rastrojos and the Black Eagles (Águilas Negras) (ibid., 13). Similarly, El Espectador indicates that the 2014 report by the Ministry of the Interior states that LGBT persons face a security risk in the departments of Sucre, Bolívar, Cesar, Chocó, Santander and Atlántico where the FARC and criminal groups are present (El Espectador 28 July 2014).

Based on press reports, complaints from social organizations, and responses from ombudsmen, defenders, prosecutors, and police, the Colombia Diversa report indicates that 87 homicides against LGBT persons were registered in 2012 including: 1 lesbian, 33 gay males, 14 trans persons, and 39 other victims classified as [translation] "LGBT" when sexual orientation was not identified (Colombia Diversa 2014, 16). The same source also listed homicides against LGBT persons in 2012 by department: Antioquia (26), Valle del Cauca (13), Atlántico (12), Cundinamarca (6), Cesar (4), Quindío (4), La Guajira (4), Bolívar (4), Magdalena (4), Huila (3), Tolima (2), Chocó (1), Risaralda (1), Sucre (1), Santander (1), Caldas (1) (ibid., 14).

Similarly, a February 2015 report on LGBT rights in Colombia, published by the LGBT human rights organization Caribe Afirmativo, indicates that, in the departments of Atlántico, Bolívar, Cesar, Córdoba, Guajira, Magdalena, San Andrés, and Sucre, there were a total of 21 homicides against LGBT people reported in 2011, 26 in 2012, 26 in 2013, and 17 in 2014 (Caribe Afirmativo Feb. 2015, 16). According to the report, six different pamphlets with threats against LGBT persons were distributed in 2014 and signed by criminal groups and paramilitaries such as "los Rastrojos," "los Urabeños," and "los Paisas," declaring them [translation] "military objectives" or alluding to "social cleansing" (ibid., 55-60). Caribe Afirmativo indicates that, after it submitted a human rights petition to the District Attorney's office in the municipality of Barranquilla in the department of Atlántico on 22 October 2014, the District Attorney responded by stating that [translation] "there is no related investigations to the violation of rights of LGBT people in relation to emerging criminal groups (bandas emergentes)" (ibid., 27).

2.3 Treatment by Authorities

Both the 2014 Colombia Diversa report and the February 2015 Caribe Afirmativo report indicate that there have been instances of police violence against LGBT persons (Colombia Diversa 2014, 24; Caribe Afirmativo Feb. 2015, 29-30). According to Caribe Afirmativo, instances of police violence include [translation] "selective punishment," "removing and restricting use of public spaces," and "inhumane and degrading treatment" (ibid.). The same source indicates that between 2007 and 2014 there was a total of 77 reports of police violence against LGBT persons in the following departments and associated police stations: Metropolitan Police of Barranquilla (Policía Metropolitana de Barranquilla), Antlántico; Metropolitan Police of Cartagena and Bolívar Navy (Policía Metropolitana de Cartagena y Armada de Bolívar), Bolívar; Police Department of Córdoba (Policía Departamental de Córdoba), Córdoba; Police Department of Guajira (Policía Departamental de la Guajira), Guajira; Police Department of Magdalena (Policía Departamental del Magdalena), Magdalena; and Police Department of Sucre (Policía Departamental de Sucre), Sucre (ibid., 34). Colombia Diversa indicates that there were 28 instances of police violence against LGBT in 2012, including [translation] "verbal and physical aggression, and in some cases, arbitrary detention," 14 of which were against transgendered women (Colombia Diversa 2014, 24, 26).

3. State Protection

The representative of the Sexual Diversity Directorate indicated that there are Integral Investigation and Help Centres for Victims of Sexual Crimes (Centros de Atención e Investigación Integral a las Víctimas de Delitos Sexuales, CAIVAS) across the country that provide psychological, judicial and medical services to victims of crimes related to sexual orientation, gender identity, and familial violence (Bogotá 14 Apr. 2015). The Attorney General's website lists 27 centres located throughout the country, including Bogotá, Cali, and Medellín (Colombia n.d).

El Espectador cites the coordinator of the Human Rights department of the National Police as saying that the police continue to implement preventative measures to protect LGBT people (El Espectador 28 July 2014).

The Colombia Diversa 2014 report indicates that the Colombian government does not have [translation] "official information systems that include the sexual orientation and gender identity of victims" and that the government "prevents the design and implementation of effective measures to ensure the prevention and punishment of violence by prejudice" of LGBT persons (Colombia Diversa 2014, 31). Furthermore, in the same report, Colombia Diversa cites a response by the National Police Inspectorate General (Inspección General de la Policía Nacional) to a human rights petition, in which the Inspectorate General stated that the National Police Legal System (Sistema Jurídico de la Policía Nacional, SIJUR) does not determine the [translation] "gender, race, profession, or status of the victim" (ibid., 24). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

4. Support Services

According to the United States Agency for International Development (USAID), its LGBT Global Development Partnership, a "public-private initiative supporting LGBT human rights and equality in developing countries," supports a [Gay and Lesbian] Victory Institute program that provides training for attendees to build skills and develop political and campaign knowledge to be able to "run as an openly LGBT candidate" in Colombia (US July 2014).

Other support services include the Santamaría Foundation (Santamaría Fundación), a non-profit organization based in Cali, which is a support network for the LGBT community that mainly works with transgender people in the areas of human rights, health, education and advocacy for public policy (Santamaría Fundación n.d.). In 2014, the city of Bogotá opened an LGBT support service known as House of Refuge (Casa Refugio LGBT), a shelter available to LGBT persons who have suffered traumatic or violent events (Bogotá 19 Feb. 2014). According to the website of the city of Bogotá, the House of Refuge employs two social workers, two psychologists, an educator, and a coordinator (ibid.). In correspondence with the Research Directorate, the Advisor to the Government Secretary (Asesora de la Secretaria del Gobierno) indicated that during 2014, the House of Refuge sheltered 23 people and 34 others were admitted for care, but did not require shelter (ibid. 15 Apr. 2015).

The representative of the Sexual Diversity Directorate indicated that Bogotá has foundations, collectives and networks who work for LGBT human rights, including: Gay Men Collective (Colectivo de Hombre Gay), Trans Community Network (Red Comunitaria Trans), and the Help Group for Trans People (Grupo de Apoyo a Personas Transgeneristas, GAT) (Bogotá 14 Apr. 2015).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

References

Agence France-Presse (AFP). 27 July 2013. "Colombian Judge Orders Notary to Perform Same-sex Marriage." [Accessed 9 Apr. 2015]

Al Jazeera. 29 August 2014. "Colombia Grants Gay Couples Adoption Rights." [Accessed 3 Mar. 2015]

Bogotá. 15 April 2015. Correspondence from an advisor with the Government Secretary to the Research Directorate.

_____. 14 April 2015. Correspondence from a representative of the Sexual Diversity Directorate (Dirección de Diversidad Sexual) and the Secretary of District Planning (Secretaría Distrital de Planeación) to the Research Directorate.

_____. 19 February 2014. "Bogotá tiene Casa Refugio LGBT." [Accessed 10 Apr. 2015]

Caracol Radio. 5 February 2015. "Piden al Papa Francisco que frene adopción homosexual en el país." [Accessed 16 Apr. 2015]

Caribe Afirmativo. February 2015. Situación de los derechos humanos de personas LGBTI en el Caribe colombiano en 2014. [Accessed 8 Apr. 2015]

Colombia. 26 March 2012. Colombian Constitutional Court. "Decision T-248-12: Discrimination Based on Sexual Orientation." Abstract of decision. [Accessed 24 Apr. 2015]

_____. 2011. Colombian Constitutional Court. "Decision C-577/11: The Homosexuals Have the Right to Form a Family." Abstract of decision. [Accessed 9 Apr. 2015]

_____. 28 January 2009. Colombian Constitutional Court. "Sentencia C-029/09." [Accessed 4 June 2015]

_____. 2009. Colombian Constitutional Court. "Decision C-029 of 2009." Abstract of decision. [Accessed 9 Apr. 2015]

_____. N.d. Fiscalía General de la Nación. "Centros de atención ciudadana." [Accessed 17 Apr. 2015]

Colombia Diversa. 2014. Cuando el prejuicio mata. Informe de derechos humanos de personas LGBT en Colombia 2012. [Accessed 8 Apr. 2015]

Colombia Reports. 19 February 2015. "Colombia Government Asks Congress to Revise Ban on Gay Adoption." [Accessed 7 Apr. 2015]

_____. 29 July 2014. "LGBT Rights Defenders Receive Death Threats in Northern Colombia." [Accessed 7 Apr. 2015]

El Colombiano. 26 January 2015. "Fundación Marido y Mujer pide al Papa 'intervenir' contra adopción gay." [Accessed 16 Apr. 2015]

El Espectador. 13 September 2014. "Fiscalía llama a interrogatorio a directivas del Gimnasio Castillo Campestre." [Accessed 16 Apr. 2015]

_____. 28 July 2014. "Comunidad LGBTI es víctima de las bacrim." [Accessed 3 Mar. 2015]

_____. 9 November 2013. "¿Una gran mentira tras la Fundación Marido Mujer?" [Accessed 16 Apr. 2015]

El Nuevo Siglo. 9 October 2014. "'Distrito responde encuesta multipropósito'." [Accessed 23 Apr. 2015]

El País. 14 February 2015. "Corte Constitucional estudiará tutela en caso del joven Sergio Urrego." [Accessed 8 Apr. 2015]

_____. 28 January 2015. "Fiscalía solicitaría medida de aseguramiento a implicados en caso Sergio Urrego." [Accessed 8 Apr. 2015]

_____. 24 July 2013. "Jueza legalizó primera unión conyugal de pareja homosexual en Colombia." [Accessed 9 Apr. 2015]

_____. 24 April 2013. "Se hunde en el Congreso proyecto que buscaba el matrimonio igualitario en Colombia." [Accessed 16 Apr. 2015]

International Gay and Lesbian Human Rights Commission (IGLHRC). 19 February 2015. "Ruling Limits Rights on Adoption by Same-sex Couples in Colombia." [Accessed 8 Apr. 2015]

Jurist. 19 February 2015. "Colombia Court Upholds Restrictions on Adoption for Same-sex Couples." [Accessed 8 Apr. 2015]

LGBT Weekly. 8 April 2015. "For One Colombian Lesbian Couple, Adoption Remains a Conundrum." [Accessed 8 Apr. 2015]

Radio Cadena Nacional (RCN). 15 February 2015. "Corte Constitucional tiene la última palabra en caso de Sergio Urrego, dice madre del joven." [Accessed 8 Apr. 2015]

Refugee Studies Centre (RSC). April 2013. Marcela Ceballos and Juan Carlos Prieto. "City Planning for Sexual Diversity: New Policies in Bogotá." Forced Migration Review. Issue 42. [Accessed 8 Apr. 2015]

Reuters. 7 April 2015. "One Step Forward Two Steps Back for Colombia's Gay Couples." [Accessed 8 Apr. 2015]

Santamaría Fundación. N.d. "Quiénes Somos." [Accessed 10 Apr. 2015]

TeleSur. 11 September 2014. "Colombian Court Approves Anti-Discrimination Law." [Accessed 23 Apr. 2015]

United States (US). July 2014. Agency for International Development (USAID). "LGBT Leaders Make Strides in Colombia." [Accessed 8 Apr. 2015]

_____. 27 February 2014. Department of State. "Colombia." Country Reports on Human Rights Practices for 2013. [Accessed 3 Mar. 2015]

Washington Blade. 29 May 2014. Colombian Vice President Discusses LGBT Rights at U.N." [Accessed 8 Apr. 2015]

Additional Sources Consulted

Oral sources: The following individuals were unable to provide information within the time constraints of this Response: Director, Diversidad Sexual, District Department of Planning, City of Bogotá; Communications Director, International Gay and Lesbian Human Rights Commission (IGLHRC).

Attempts to contact the following were unsuccessful within the time constraints of this Response: Caribe Afirmativo; Colombia – Ministry of the Interior, Ombudsman's Office; Colombia Diversa; Consultancy for Human Rights and Displacement (Codhes); Roundtable for LGBT in Antiquoia; Director of Institutional Processes, Santamaría Foundation; Director, Trans-Ser.

Internet sites, including: Amnesty International; BBC; Cable Noticias; Colombia – Ministerio del Interior, Observatorio contra la Discrimination y el Racismo, Policía Nacional; ecoi.net; Freedom House; Gender Index; Human Rights Watch; International Crisis Group; International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA); Latin News; Minority Rights Group International; UN – High Commissioner for Human Rights, Refworld, ReliefWeb.