Violations of Fundamental Rights Marginalizing LGBTQI+ Individuals in Peru 2/3

11/03/2024

Written by: Anna Diaz

Translated by: Abra Rosaline

Corroborated by the political disregard of its leaders, Peruvian society displays evident transphobia. Faced with this climate of systemic violence, trans individuals continually have their fundamental rights violated and denied, fuelling a sense of insecurity and danger for this segment of the Peruvian population.

Despite being identified as an at-risk population, a dynamic of exclusion against trans individuals is perpetuated by the State. Under the influence of a network of complicity among public service agents, the government, and the legislative and judicial branches, the LGBTI+ community has faced a lack of comprehensive support for decades. Despite greater recognition of issues related to trans identity globally, Peru remains impervious to international accusations and condemnations.

What are the foundations of the marginalization of trans individuals in Peru, and in what ways does this dynamic of exclusion influence their daily lives within society?

Discrimination perpetuated by conservative policies and institutions

The Peruvian political system traditionally rests on the executive, legislative, and judicial powers – acting as reciprocal checks and balances. On one hand, there is the executive power consisting of a presidency, two vice presidencies elected for five years, and its Council of Ministers. This body ensures the implementation of laws formulated by the legislative power, represented by the Congress of the Republic, whose role also includes overseeing and investigating the actions of the executive branch. Finally, the Supreme Court heads the judicial power, which oversees law enforcement and sanctions non-compliance.

Peruvian politics have historically leaned rightward, evidenced by the successive presidencies and especially the inclination of the Congress, whose power now appears hegemonic. In recent years, however, politicians from left-wing parties have assumed leadership positions in Peru’s executive branch – as was the case with Pedro Castillo, President of the Republic of Peru from July 28 to December 7, 2022. Despite his affiliation with the radical left-wing party Peru Libre, he has shown conservative stances on numerous societal issues^[1]Semana (4 juin 2021), Quién es Pedro Castillo, el líder de izquierda que puede llegar a la presidencia de Perú, Semana. … Continue reading. This observation is not unique to Peru; this new form of left-wing politics is observed in many contemporary Latin American governments^[2]Montoya, A., Saliba, F., Delcas, M., Chaparro, A. (5 août 2022), « En Amérique latine, une « nouvelle gauche » au pouvoir, Le Monde, … Continue reading, such as Lula’s policy in Brazil, well known for his fight against poverty, often overshadowing his timidity in defending minorities, for example. Also relying on his Christian faith, Pedro Castillo opposes, among other things, same-sex marriage and “gender approach” in education^[3]Redacción (7/052021), Pedro Castillo está en contra del enfoque de género en el currículo escolar, Gestión, … Continue reading, further complicating the inclusion of trans individuals. Regarding trans issues, the former president declared during the election campaign that we must “repudiate this attitude” and “get rid of this idiosyncrasy”^[4]Canal N (2/06/2021), Castillo respecto a la identidd de género : ‘Tenemos que echar a la basura esa idiosincrasia’, Canal N, … Continue reading. The current president of the Republic of Peru, Dina Boluarte, also belonged to Peru Libre. However, since taking office, she has been excluded from the party, and her governance appears aligned with that of the Congress of the Republic^[5]Banda, G. (12 janvier 2023), At Peru Protests’ Epicenter, Rage – And a Sence of Betrayal, Americas Quarterly, … Continue reading, which is predominantly conservative.

Indeed, the dominant political group within the Congress is the Popular Force, a party of radical right-wing ideology, closely following much of the official ideology of Alberto Fujimori – the former president of the Republic, whose term was marked, among other things, by military-police violence, corruption scandals, and his conviction for crimes against humanity. For several years, many Peruvian analysts have denounced a “parliamentary dictatorship” or have spoken of a “de facto parliamentarism” and attacks on democracy^[6]Rodríguez Mendoza, M.J. (2021), Constitucionalismo abusivo en el Perú : Un análisis a la vacancia presidencial por incapacidad moral y los hechos posteriores al 9 de noviembre de 2020, IUS ET … Continue reading. Thus, the Congress appears to have taken control of state institutions and has hindered much of the actions taken by the most recent Presidents of the Republic. It notably took control of the Constitutional Court by electing new conservative members in 2022 through a highly contested process^[7]Chaparro, A. (26/10/2023), Au Pérou, le Congrès est accusé « d’atteinte à la démocratie » après l’ouverture d’une enquête contre le Conseil national de justice, Le Monde, … Continue reading, at the expense of protecting the rights of minorities.

The rest of the judiciary does not escape the dominance of the conservative camp, as evidenced by the election in January 2023 of Judge Javier Arévalo as President of the Supreme Court, thus taking the lead of the judiciary. He is notably known for his LGBT-phobic positions. He has thus opposed the recognition of the LGBTI+ community as a vulnerable population, supported by the claim of heterosexuality as the only “normal” sexual orientation^[8]El Peruano (17/07/2020), Voto singular del señor consejero Javier Arévalo Vela, Normas legales 75, … Continue reading.

Similarly, at the national level, the Peruvian capital is in the hands of the far-right: Rafael López Aliaga, a member of the Popular Renovation party, has been mayor of Lima since January 1, 2023. Under his leadership, discriminatory and anti-rights policies towards LGBTI+ populations are developing. This mayor instils a climate of fear among minorities whose fundamental freedoms are increasingly threatened day by day. In this sense, through a decree published in September 2023^[9]El Peruano (28/07/2023), Ordenanza n°2568, « Ordenanza que instituye actos celebratorios y conmemorativos por el « día de la familia » y promueve el fortalecimiento de la familia en lima … Continue reading, López Aliaga repealed ordinance No. 2355-2021, which integrated the gender perspective into the policies, public services, and institutional management of Lima. He replaced it with the institution of a “Family Day”, and the mayor of Lima went even further, declaring to the press his ambition “to exterminate all ‘gender doctrine'”^[10]Ortiz Martínez, S. (5/03/2021) Rafael López Aliaga : « Toda la doctrina de género, evidentemente va a ser exterminada [ENTREVISTA], El Comercio, … Continue reading. In April 2023, this mayor also removed the LGTBI acronym from the Regulation on Organization and Functions (ROF) of the Lima municipality, leaving these citizens without protection^[11]Redacción (6/10/2023), Ola ultraconservadora arremete contra enfoque de género en MINEDU, MMP, y Municipalidad de Lima, Wayka, … Continue reading.

Throughout Peru, power seems to have fallen into the hands of conservative individuals, to the detriment of vulnerable communities and especially trans individuals. While this observation resonates particularly in the current context, conservatism in Peru is not new. Although this responsibility lies primarily with politicians, religious conservative thought has a considerable impact on them, as assured by American researcher Matthew Casey-Pariseault. In an essay published in 2022, the author studies the political theology of Catholic conservatism in contemporary Peru: it emerges that during the new millennium, the Church’s social doctrine has prevailed in the fight against the LGBTI+ rights movement^[12]Casey-Pariseault, M. (2022), The political theology of Catholic conservatism in contemporary Peru, Discursos Del Sur, n°9, janvier/juillet 2022, pp. 41-59.. He insists on the influence of conservatives on politicians in power, essential allies in the fight against “gender ideology” but whose influence extends to many institutional spheres.

The influence of Catholic nationalist movements is felt within the far-right political party Rénovation Populaire. This party, of major importance in contemporary political scene, counts among its ranks members of evangelical churches, ultra-Catholic groups, and the “con mis hijos no te metas” movement (opposed to sexual education in schools as it allegedly promotes “homosexuality among children”). The influence of conservative positioning extends beyond their supporters. On the contrary, it seems to encompass a broader spectrum of the political landscape, as seen in the governance of the outgoing President Pedro Castillo, whose evangelical influence is evident: for example, he has regularly met with religious organizations and factions opposed to public policies based on human rights^[13]Nicol, L. (12/08/2022), Las privilegiadas visitas de pastores evangélicos a congresistas y Palacio de Gobierno, Wayka, … Continue reading.

The concrete repercussions of the marginalization of trans individuals by social institutions

The integration of minorities into society is driven by state policies, but it also involves understanding the issues and difficulties specific to groups discriminated against by the rest of the population. Thus, exchanges with others, education, and familiarization between different groups of the population are factors of integration. In this sense, institutions responsible for implementing social policies become determining factors in how individuals incorporate into the broader society, through education, employment, and healthcare institutions. In this case, trans individuals suffer from the LGBT-phobic treatments of Peruvian institutions.

In this political and societal context perpetuating the hegemony of conservative right-wing, the LGBTI+ community evolves as best it can. At the height of the evolution of social reflections on “gender ideology,” trans individuals stand out as the preferred target of conservatives defending an essentialist vision of anthropology based on the difference and complementarity of sexes. Thus, large segments of the majority Peruvian society – political or popular – launch violent anti-LGBTI+ campaigns, fuelling a dynamic of marginalization of this population. At the top of the pyramid, trans individuals are victims of various aggressions from citizens and the State^[14]Diaz, A. (13/12/2023), Les persécutions contre les personnes trans au Pérou. Une violence systémique alimentée par l’État 1/3, Institut du Genre en Géopolitique, https://igg-geo.org/?p=17180 and see their trans identity become a major obstacle in accessing employment, education, health services, and any public or private institution.

As detailed in the first article of this dossier^[15]Diaz, A. (13/12/2023), Les persécutions contre les personnes trans au Pérou. Une violence systémique alimentée par l’État 1/3, Institut du Genre en Géopolitique, https://igg-geo.org/?p=17180, trans individuals in Peru are placed in a state of exclusion due to the inability to change their name and gender on their identity card. The revelation of their identity becomes a motive for violence, discrimination, and direct social exclusion, with the identity card appearing as a national device validating and serving discrimination in Peruvian institutions. Furthermore, the concrete repercussions suffered by trans individuals due to the denial of their gender identity tangibly affect their paths and social conditions throughout their lives.

From childhood, trans individuals suffer from the prevailing transphobia in Peru, which sometimes extends even into the intimacy of family and friendships. A primary consequence of this rejection is its impact on the education of those affected, resulting in a literacy rate and school dropout rate of 76% within the Peruvian trans community^[16]Promsex (Junio 2016), Estudio Nacional sobre Clima Escolar en el Perú, Experiencias de adolescentes y jóvenes lesbianas, gays, bisexuales y trans en el ámbito escolar, … Continue reading. Several studies note that LGBTI+ individuals are among the main victims of bullying in Latin America in general, and in Peru in particular^[17]UNESCO, « ‘Era como ir todos los días al matadero…’ : el bullying homofóbico en instituciones educativas públicas de Chile, Guatemala y Perú », 2013, 28p ; Centro de Promoción y Defensa … Continue reading. Subjected to insults, physical and psychological aggression, this population group is targeted not only by other students but also by teachers and educational authorities. These attacks stem from a series of misconceptions about gender and sexuality and a lack of information on the subject, reinforced by the educational system. Consequently, any initiative aimed at including this concept in the national school curriculum is immediately blocked by the conservative party. The consequences for LGBTI+ students, who are in the process of personal development, are dire. Over 70% of this population do not feel safe in their schools due to the harassment they experience^[18]Calderón, L. (6 mars 2023), Bullying escolar LGBTIQ en el Perú, Mas Igualdad, https://www.masigualdad.pe/post/bullying-escolar-lgbt-en-el-perú, and 35% have dropped out of school for these reasons^[19]Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos (PROMSEX) (Junio 2016), Estudio Nacional sobre Clima Escolar en el Perú 2016, p.17. Consequently, very few trans individuals complete secondary education. 

Logically, these school conditions lead to difficulties in employment and a new form of discrimination. The right of everyone to earn a living through freely chosen or accepted work is recognized in several international conventions^[20]Déclaration universelle des droits de l’Homme (1948), Article 23 ; Pacte international relatif aux droits économiques, sociaux et culturels (1966), art. 6 à 10 ; Convention américaine relative … Continue reading, and a list of fundamental rights related to work has been developed by the International Labour Organization (ILO) ^[21]Déclaration de l’OIT relative aux principes et droits fondamentaux au travail (1986). In the ILO Declaration of 1986, governments commit to eliminating all forms of discrimination in employment and occupation^[22]Déclaration de l’OIT relative aux principes et droits fondamentaux au travail (1986) ; Voir aussi, Organisation Internationale du Travail (2009), Conocer los Derechos Fundamentales en el … Continue reading. Finally, Article 23 of the Constitution of Peru recognizes work as both a right and a duty, presented as the basis of social well-being and a means of personal fulfilment. This principle of non-discrimination is closely linked to the guarantee of the right to work for the LGBTI+ population, and especially trans individuals, as this is precisely the obstacle they face in finding employment. Despite this dual national and international recognition of work as a fundamental right, trans identity remains a major obstacle to access to employment. This observation was quantified by the National Institute of Statistics and Informatics in a 2021 study, which indicated that among the economically active Peruvian population, 94.7% are employed – either formally or informally^[23]INEI (2021), « Comportamiento de los indicadores de mercado laboral a Nivel Nacional », Informe Tecnico, Lima, INEI, … Continue reading, compared to 62.2% in the LGBTI+ population^[24]Guerra Vilcapoma; E. R. (16/05/2022), Informe anual 2021 – Situación de los Derechos Humanos de las personas LGBTI, Promsex, p. 32, … Continue reading. Similarly, trans individuals with jobs generally have lower salaries and are very rarely employed as state employees. Consequently, 24.3% of LGBTI+ workers have reported hiding their sexual orientation and gender identity at work for fear of discrimination and/or dismissal. For the same reasons, even when subjected to such discrimination, those affected prefer to remain silent^[25]Guerra Vilcapoma; E. R. (16/05/2022), Informe anual 2021 – Situación de los Derechos Humanos de las personas LGBTI, Promsex, p. 34, … Continue reading.

In this hostile context and faced with a lack of employment opportunities, a large majority of the trans population is forced into sex work. This situation has repercussions on the health of trans individuals, with trans women being the most exposed population to HIV in Peru^[26]Silva-Santisteban, A., H. Fisher Raymond, Salazar, X. & al. (2012), Understanding the HIV/AIDS Epidemic in Transgender Women of Lima, Peru: Results from a Sero-Epidemiologic Study Using Responent … Continue reading. In Latin America, the prevalence of HIV among trans women reaches up to 38%, making them nearly 50 times more likely to contract HIV than the general population^[27]Silva-Santisteban A., E. Shirley, de la Iglesia, G., Falistocco, C., Mazin, R. (2016), HIV prevention among transgender women in Latin America: implementation, gaps and challenges, Journal of the … Continue reading. Similarly, this lack of professional choice exposes trans individuals to repression as the state controls prostitution through a regulatory system that invisibilizes sex work through repressive means, associating this profession with immorality, violence, and diseases.

Furthermore, the health of trans individuals suffers more generally from a lack of information and training among healthcare personnel. Between mistreatment and discrimination, care is particularly complex for this population, discouraging those affected from accessing healthcare. Indeed, hospitals often constitute hostile environments for individuals who nevertheless particularly need to be taken care of, especially for access to and follow-up of their hormonal treatment. Although guidelines were issued in 2016 to improve the care of trans individuals, discrimination by healthcare providers is common. In the context of healthcare, trans individuals are exclusively referred to their gender identity and HIV risks, to the point of overlooking other health issues.

Discrimination exacerbated by the COVID-19 pandemic

Trans individuals were among the most affected groups at the onset of the pandemic. They faced arbitrary arrests and violence from the police because they did not have identity papers corresponding to their gender identity and preferred name. The Peruvian government discriminated in its response to managing this crisis, notably by providing specific days for the circulation of women and men through a decree^[28]Decreto Supremo n°057-2020-PCM (2/04/2020), https://cdn.www.gob.pe/uploads/document/file/574872/DS_057-2020-PCM.pdf?v=1585868310. Thus, nothing was planned for trans individuals. Many cases of physical and verbal violence and situations of humiliation by law enforcement officers were reported by trans individuals, especially trans women detained by officers. Following these complaints, international bodies such as the Inter-American Commission on Human Rights and the Office of the Ombudsman intervened to call on Peru to guarantee the rights of LGBTI+ individuals in their response to the pandemic^[29]Organisation des États Américains (20/04/2020), La CIDH appelle les États à garantir les droits des personnes LGBTI dans le cadre de leur réponse à la pandémie du COVID-19, Communiqué de … Continue reading.

All these difficulties and disparities experienced by trans individuals compared to cisgender individuals in accessing fundamental rights result from a more global context of structural discrimination against the LGBTI+ population in Peru. This state of marginalization and resilience was accentuated during the COVID-19 pandemic. In this context of vulnerability of trans individuals in Peru amid great hostility, the mobilization of civil society is essential and brings hope for minorities. This final aspect of the analysis of persecutions against trans individuals in Peru will be addressed in a third article, concluding this dossier.