More than 30 Colombian organizations of lesbian, gay, bisexual, transgender, transvestite, transformer, trans and intersex persons (LGBTTTTI) recently disclosed a report submitted to the Colombian government regarding the state of LGBTTTTI rights in the framework of the Universal Periodic Review of Human Rights.

The United Nations’ General Assembly has mandated that the Human Rights Council (HRC) “undertake a universal periodic review (UPR), based on objective and reliable information, of the fulfillment by each State of its human rights obligations and commitments in a manner which ensures universality of coverage and equal treatment with respect to all States…”

The third round of the UPR took place in Geneva, December 10, 2008, with Colombia among the countries reviewed. The Colombian report was followed by a dialogue in which 43 countries submitted recommendations, asked questions, and pointed out facts. While most of the comments addressed human rights violations related to the current Colombian armed conflict, some underlined the marginalization of indigenous nations, while others called for the defense of women’s rights and the protection of the people with minority sexual and gender identities.

In particular, the Czech Republic demanded equality related to sexual orientation and gender identity, recommending the implementation of campaigns aimed to promote a non-discriminatory culture.

Although LGBTTTTI organizations were not included in the consultant process carried out among the civil society by the Colombian government, they developed their own report of the state of their rights.

“We are not considered valid interlocutors for the government due to the ruling prejudices regarding our demands, because our demands are considered matters of low importance compared to the ‘big’ topics of human rights,” they stated in their report.

The LGBTTTTI organizations recognized some legal advancement regarding equal rights, but noted that the progress was due to legal demands made by individuals, not a consequence of a public policy or a legislative action.

“The advancement through judicial actions is a common path. It happened also in Canada and in other countries. In Colombia, the reason [for] this is that the high Courts made their decisions based in judicial arguments, whereas the parliament’s decisions are influenced by moral, religious and political interests,” said Marcela Sánchez, Director of the NGO Colombia Diversa, an organization that works in favor of the rights of the LBGT community.

Over the last two years the Constitutional Court of Colombia has made three rulings granting some equal rights to same sex couples. The Court handed down a ruling stating that same sex couples able to demonstrate that they have lived together for two years legally have the same patrimonial rights as heterosexual unions. The same Court also ruled that gays and lesbians can register their partners to become beneficiaries of social security coverage.

Finally, a suit from Colombia Diversa resulted in a ruling dictating that in the event of the death of a member of a same sex couple, the surviving partner would have the right to draw on the pension of his or her deceased partner.

“We celebrate this progress, but there remain many inequalities. For example, we are not yet allowed to get married,” stated Camilo Vargas, Academic coordinator of the LGTB Circle of the University De Los Andes.

The report highlighted the deaths of members of the LGBTTTTI community resulting from actions by police officers and military officers, specifically because of their identities. The report went on to list some cases of murder of and attacks against transvestites, “which have not been investigated in an appropriate manner by the Colombian state.”

These findings mirrored the concern stated in the United Nations High Commission of Human Rights in its report from February 2008, about “social cleansing,” including murders due to victims’ sexual orientation.

The LGBTTTTI community’s report also highlights the more broadly understood discrimination in work places and educational institutions. Early this year a young lesbian student was rejected from school because of her sexual orientation, provoking national protest. The school was later forced by the court to admit her.

“There are situations of high intolerance, but our rights are more recognized and the number of sectors supporting us is increasing,” added Sánchez.