OAS commission calls for Venezuela to protect LGBTQ rights
he Inter-American Commission on Human Rights has called for Venezuela to do more to protect LGBTQ people from violence and discrimination.
The report the commission released on Sept. 8 specifically notes six men on May 31, 2020, attacked Jorge Granado in Ciudad Guayana, a city in Bolívar state, because of his sexual orientation. The report also notes Marcy Ávila, an LGBTQ rights activist, has suffered “harassment.”
Violence against transgender Venezuelans remains commonplace in Caracas, the Venezuelan capital, and throughout the country.
Yonatan Matheus and Wendell Oviedo, co-founders of Venezuela Diversa, a Venezuelan LGBTQ rights group, received death threats after they publicly urged authorities to investigate the murders of two trans women. Matheus and Oviedo in 2016 fled to New York,and have asked for asylum in the U.S.
Members of Venezuela’s General Directorate of Military Counterintelligence on Jan. 12, 2021, raided the offices of Azul Positivo, an HIV/AIDS service organization in Maracaibo, a city in Zulia state, and arrested President Johan León Reyes and five other staff members. Venezuelan police on Feb. 15, 2019, raided the offices of Fundación Mavid, another HIV/AIDS service organization in Valencia, a city in Carabobo state, and arrested three staffers after they confiscated donated infant formula and medications for people with HIV/AIDS.
“The IACHR reminds the state of Venezuela of its obligation to guarantee the protection of LGBTI persons; address the underlying causes of violence and discrimination against them; as well as act with due diligence to prevent, investigate, adjudicate, sanction and remedy the human rights violations against LGBTI people,” reads the report.
The report also notes the lack of legal protections — including in the country’s hate crimes law — for LGBTQ Venezuelans and adds the country uses Article 565 of the Organic Code of Military Justice and other statutes “to criminalize people based on their real or perceived sexual orientation.”
“For the above, the commission reminds the state of Venezuela of its duty to repeal legal provisions that criminalize, directly or indirectly, the conduct of people based on their sexual orientation, gender identity or expression,” reads the report.
The report notes trans Venezuelans cannot legally change their gender without medical interventions. Venezuela’s constitution also defines marriage as between a man and a woman.
“The IACHR reiterates to the state its recommendation to legally recognize the unions or the marriage of people of the same gender, affording the same rights conferred to partners of different genders, including economic rights, and all of the rest that derive from that relationship, without distinction by motives of sexual orientation, gender identity,” reads the report.
LGBTQ migrants also targeted
The Organization of American States, which is based in D.C., created the commission in 1959 as a way to promote human rights throughout the Western Hemisphere. It works closely with the Inter-American Court of Human Rights to enforce the American Convention on Human Rights.
Venezuela in 2012 officially withdrew from the convention, but the Venezuelan National Assembly in 2019 once again ratified it.
The Inter-American Court of Human Rights, which is based in Costa Rica, in 2018 issued a landmark ruling that recognizes same-sex marriage and trans rights in the Western Hemisphere. The previous White House that same year called for the OAS to suspend Venezuela.
The U.S. is among the countries that continues to recognize Juan Guaidó, a former member of Assemblywoman Tamara Adrián’s party, as Venezuela’s president. The report notes Adrián, who in 2015 became the first openly trans person elected to the National Assembly, but it also highlights the country’s political and economic crisis the pandemic has made even worse.
The report cites statistics from the Coordination Platform for Migrants and Refugees from Venezuela that note upwards of 5.4 million Venezuelans had left their country as of November 2020. The report notes the majority of them have sought refuge in Colombia, Brazil, Ecuador, Peru and Chile.
“In relation to the situation of LGTB people who are Venezuelan migrants; this community would face various acts of discrimination; such as barriers to access to the labor market, insults and physical attacks,” it reads.
Matheus welcomed the report.
“The communique the IACHR released in relation to the situation of the rights of LGBTQ people in Venezuela is totally pertinent,” he told the Washington Blade on Friday. “It gives visibility to the more than a dozen murders of LGBTIQ people that have occurred in the country during 2021 that we as organizations have been denouncing.”
Matheus said the report will also “allow us to be able to continue taking actions to get international support over the impact of the complex humanitarian crisis that makes it difficult to access health care, food and other social rights that continue to generate forced migration of LGBTIQ people and activists.” Matheus also cited “the enormous levels of impunity and actions from (Venezuelan) police agencies towards hate crimes and the silence of the Supreme Judicial Court and the National Assembly on issues related to gender identity of trans people, marriage equality and the right to form a family that LGBTIQ people have.”
Matheus told the Blade he also thinks the report will “also motivate” Victor Madrigal-Borloz, the independent U.N. expert on LGBTQ issues, to “speak out about the situation of LGBTIQ people in Venezuela.”