Colombia, august 9, 2022.-The Truth Commission makes history by clarifying that the armed actors and the public forces instrumentalized, chased, disappeared, displaced and murdered LGBTIQ+ people because of their[1] diverse sexual orientations and gender identities and expressions.

On June 28, the Commission for the Clarification of Truth, Coexistence and Non-Repetition (CEV), published its final report with findings and recommendations, after three years of investigation and collection of testimonies that account for the impacts of more than half a century of armed conflict in Colombia. The delivery of this report marks the culmination of the work carried out by the Truth Commission in recent years, in which more than 30,000 individual and collective interviews of victims, armed actors and public officials were conducted. Among the objectives of the report is to clarify the patterns of violence identified in the context of the armed conflict in the country, to make public the disproportionate impacts of the war on the victims, and to contribute to the search for guarantees of coexistence and non-repetition in the territories.

The final report of the Commission also has a specific chapter entitled My body is the truth: experiences of women and LGBTIQ+ people in the armed conflict, related to violence against women and LGBTI+ people, which turns out to be a pioneer in the experiences of searching for truth and reconciliation in the world. Previous processes in other countries have made mention of LGBTI+ people, such as in Ecuador[2] or Brazil, in which specific recommendations were presented for the eradication of prejudice against SOGID (sexual orientation and gender identity-diverse). However, this is the first time that a Truth Commission has devoted an entire section to understanding the complexity of the violence perpetrated against them in a context of massive human rights violations. In the document, the Commission makes use of intersectional, territorial, and ethnic-racial approaches to clarify the causes of violence perpetrated against LGBTI+ people beyond the armed conflict, recognize the differentiated impacts on their lives, highlight their experiences of resistance and propose recommendations in terms of reparation and non-repetition.

Important findings and conclusions are derived from the section focused on the life experiences of LGBTI+ victims of the armed conflict. We highlight the effort of the Commission to provide elements to recognize the patterns of violence exercised by the different armed groups and the public forces in a differentiated manner, as well as its interest in unraveling its particularities according to the period of time and the region of the country in which it was given. Similarly, we consider highly relevant the recognition of the exercise of reproductive violence, perpetrated especially against trans men, with the aim of controlling the body and the SOGI of LGBTI+ people, especially in view of the announcement of the Special Jurisdiction for Peace to open Macrocase 011, in which sexual violence and other crimes motivated by gender, sex, sexual orientation or gender identity of the victim in the context of and due to the armed conflict will be investigated and prosecuted. Also noteworthy is the inclusion of an approach that took into account the experiences related to violence against LGBTI+ people who had HIV/AIDS and the stigma that fell on LGBTI+ people for considering them innate carriers of the disease, which was promoted by the armed groups due to ignorance and manipulation of beliefs about it.

We also highlight the efforts of the Commission to portray the stories of resistance and the collective efforts of LGBTI+ victims to face violence, accompany them in pain and healing, testimonies that provide very relevant elements for the proposal and implementation of reparation measures and of non-repetition closer to the life experiences and needs of the victims.

The chapter ends with a series of recommendations for the guarantee of rights and the non-repetition of the violence identified after listening to and reflecting on the testimonies of LGTBIQ+ people and social organizations. These recommendations are based on promoting legal, social, political, economic, and cultural changes to guarantee access to justice, preserve memory and generate conditions of material equality for LGBTI+ people.

“Changing the historical conditions of violence against LGBTIQ+ people implies a commitment to recognizing what happened and adopting new forms of action and visions so that such violence does not continue to occur.”

At the same time, the role of the State is highlighted in the creation of conditions that guarantee the implementation of the recommendations set forth by the Commission, applying differential approaches, with a gender and anti-racist perspective; and that of Colombian society and the international community, promoting spaces for dialogue and reflection, and carrying out the corresponding oversight to generate an ideal path in the search for peaceful coexistence and a dignified life for all people.

Race and Equality welcomes the presentation of the final report and calls on the new Colombian Government to comply with the recommendations made by the Commission and take into consideration the findings when implementing measures related to the armed conflict and the guarantee of rights and non-repetition of violence against LGBTI+ people, involving them in decision-making spaces actively and permanently.

[1] Acronym used by the Truth Commission

[2] In 2010, the Truth Commission presented its report divided into five volumes with a series of recommendations of a legal, administrative and social nature; and the drafting of a proposal for a Comprehensive Reparation Law. There, it is recommended to incorporate public policies that favor non-discrimination by SOGI and the eradication of violence due to prejudice at the hands of LGBTI organizations and guarantee the participation of LGBTI people and women in the Equality Councils. Available at: https://biblioteca.corteidh.or.cr/tablas/26978.pdf

[3] Confirming with Isaac. As comprehensive reparation measures, the National Truth Commission asks the Government of Brazil, among others, to apologize publicly to the LGBT community, build public places of memory for the victims of the LGBT community, criminalize homolesbotransphobia and approve a law on free gender identity.

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