Caracas, June 5th, 2020
TODAY WE CELEBRATE THAT:
We are alive despite the circumstances we are going through in the country, we are in Venezuela and we continue working for the human rights of LGBTI people and that we are on the way to celebrating our 20 years anniversary as an independent, non-profit civil association and with a profound respect for the principles of the Universal Declaration of Human Rights.
This 2020 new LGBTI organizations have emerged, they are made up of enthusiastic young people with great potential for development. We wish them a lot of success, we are certain they can carry out an honest, original, authentic work, in harmony, with clear, achievable objectives; and in a coordinated manner, with respect for the defense and promotion of human rights.
WE DENOUNCE AND REGRET THAT:
The public powers of the Venezuelan State are not fulfilling the responsibility they have towards citizens, that is, providing protection and guaranteeing the right to life, work, culture, education, social justice and equality without any discrimination or subordination as established in the pre-ambula of the Constitution of the Bolivarian Republic of Venezuela.
The Executive Branch has not complied with LGBTI people in relation to:
The recommendations of the States in the First Cycle of the Universal Periodic Review in 2011.
The objectives established in the Plan of the Homeland 2013/2019
The objectives established in the Plan for Gender Equality and Equity “Mamá Rosa” 2013-2019
The objectives established in the National Plan for Human Rights 2015/2019
The recommendations of the United Nations Committee on the Rights of the Child in 2014
The recommendations of the Committee for the elimination of all forms of discrimination against women in 2014.
The recommendations of the Inter-American Commission on Human Rights in 2015
The recommendations of the Committee on Economic, Social and Cultural Rights in 2015
The recommendations of the Committee on Civil and Political Rights in 2015
The recommendations of the States in the Second Cycle of the Universal Periodic Review in 2016.
WE DENOUNCE AND REGRET THAT:
The Legislative Power
In its 2000/2006 period with the majority of the Fifth Republic Movement, 2006/2011 with the majority of the United Socialist Party of Venezuela and, 2016/2020 with the majority of the Bureau of Democratic Unity, it has ignored the innumerable requests that LGBTI organizations have submitted before the National Assembly.
The election of Rosmit Mantilla as gay Deputy and Tamara Adrián as Trans Deputy, has not resulted in the modifications and legal adaptations necessary for the social inclusion of LGBTI people and for the full enjoyment of their human rights.
The Declaration of the National Day against homophobia, transphobia and Biphobia has only been an initial gesture and has not been reflected in effective legal reforms.
The discussion of crucial issues such as the right to equality and non-discrimination, a secular State, and marriage for all without discrimination has not been promoted.
No actions have been established through forums, meetings and consultations with organized civil society in NGOs, groups, collectives and Civil Associations, among others, for the creation of laws in accordance with international human rights standards.
The Agreement on actions aimed at making visible and mitigating the differentiated impact of COVID 19 on the lesbian, gay, bisexual, trans and intersex population as a consequence of homophobia, transphobia and biphobia has included a sentence favorable to heterosexual marriage established in article 77 of the Constitution which is discriminatory against same-sex couples.
As of today, the Board of Directors of the National Assembly has not responded to our request to modify the Agreement on LGBTI people approved on May 19, already mentioned in the previous point.
WE DENOUNCE AND REGRET THAT:
The Judicial Power
The Judicial power has declared the invalidity of the National Day Declaration against Homophobia, Transphobia and Biphobia made by the National Assembly on May 12, 2016.
It has impeded the full operation of the National Assembly so that it could undertake the legal reforms that allow LGBTI people to enjoy their Human Rights.
Do not respond to the legal claims filed before the Supreme Court of Justice on the different laws that prevent the enjoyment of Human Rights by LGBTI people.
WE DENOUNCE AND REGRET THAT:
The Ombudsman’s Office
It has not materialized the promise to create and put into operation an ombudsman’s office specialized in LGBTI persons made by the management of Gabriela del Mar Ramírez in 2010, in order to facilitate filing complaints and case management based on sexual orientation, identity and gender expression.
It does not have protocols for the management of cases of discrimination based on sexual orientation, identity and gender expression.
Does not work on making recommendations to the Executive Branch, the Legislative Branch and the Judiciary on public policies and the creation or adaptation of laws that contribute to improving the situation of LGBTI people in Venezuela.
WE DENOUNCE AND REGRET THAT:
The Public Ministry
Does not have a protocol for caring for LGBTI people who are victims of hate crimes
No specialized prosecutors offices have been created to deal with cases of violence against LGBTI people.
Data disaggregated by sex, gender, sexual orientation, gender identity and expression, among other relevant data that may give official information on hate crimes against LGBTI people, are not reflected in the criminal reporting statistics.
WE DENOUNCE AND REGRET THAT:
The National Electoral Council
Continues preventing trans people from making the name change according to their self-perceived identity as established in Article 146 of the Organic Civil Registry Law.
WE DENOUNCE AND REGRET THAT:
The states and municipalities that have declared May 17 as the municipal and state day against homophobia, transphobia and Biphobia, and that have also established an ordinance against discrimination, have not developed the pertinent measures to create training programs for their employees and officials and police in this regard, and the implementation of activities aimed at making this date and its purpose visible.
TODAY WE DEMAND THE FOLLOWING:
To all the officials and servants of the public powers of the State, the fulfillment of their commitments in the matter of human rights towards Lesbian, gay, bisexual, trans and intersex people.
To the Executive Power: Comply with the recommendations made by the different human rights organizations and the commitments made in this regard.
To the Legislative Branch: Subscribe to the Inter-American Convention against all forms of Discrimination and Intolerance to ratification.
Undertake the pertinent legal modifications according to international Human Rights standards so that LGBTI people can have a decent life on equal terms with the rest of the citizens.
To the Supreme Court of Justice: Comply with the recommendations of the Inter-American Court of Human Rights in Advisory Opinion 24/17 regarding allowing marriage between same-sex couples. As well as allowing trans and intersex people to change their name and gender through an administrative process in a clear and expeditious way free of stigmatizing procedures.
Respond to all the demands on LGBTI people filed before her office and that remain unanswered.
To the Ombudsman: fulfill your duty to protect and defend people without discrimination
To the Public Ministry: proceed to investigate all hate crimes against LGBTI people due to their sexual orientation, identity and gender expression, to initiate reparation of the damages to victims and family members and guarantee their non-repetition.
To the police and security bodies: Act in compliance with protocols and procedures according to international human rights standards. Avoid abuses of power against Venezuelans, in particular with the most vulnerable, such as LGBTI people.
To the governors and mayors: comply with the provisions of the agreements against homophobia, transphobia and biphobia in their states and municipalities. Prepare public policies for social inclusion for LGBTI people. Undertake training and awareness programs for its officials on Human Rights.
To the private company: Initiate the pertinent measures to give employees who identify themselves as homosexual safe environments for working. Recognize benefits to employees with same sex partners on equal terms to couples of different sex.
Undertake education, training and sensitization processes for personnel managers, administrative managers and employees in general on work environments free from harassment and discrimination based on gender, sexual orientation, gender identity and expression, in accordance with the recommendations of the United Nations on private companies and compliance with Human Rights.
To political parties: to undertake a real dialogue with civil society organizations that allows their members to genuinely understand and promote the human rights of LGBTI people. Be aware of their responsibility for the progress and well-being of citizens in general, with greater emphasis on groups discriminated and violated in their rights.
Undertake education, training and awareness workshops among its members and in particular those with decision-making power in social plans and policies.
To Venezuelan society:
We urge you to embrace the defense of human rights for all without discrimination. A truly democratic society does not establish conditions for the enjoyment of human rights according to the particular characteristics of people. We are all born free and equal in dignity and rights. No one can be left out in the construction of a new democracy.
The approval of rights to LGBTI people does not mean that other people will lose their rights, on the contrary, it means that we will be a fairer, more balanced and more inclusive society for all.
“To those who use religious or cultural arguments to deprive LGBTI people of their human rights, I ask: What do you gain by making others less equal? Is your religion or culture so weak that you need to deprive others of their fundamental human rights? ” Secretary General of the United Nations, Ban Ki-moon. September 2016.
