Persecutions Against Trans Individuals in Peru: Systemic Violence Fuelled by the State 1/3

13/12/2023

Written by: Anna Diaz

Translated by: Abra Rosaline

On March 12, 2020, the Inter-American Court of Human Rights held the State of Peru responsible for the crime of “hate” and structural discrimination against the LGBTI+ community. The violent, arbitrary, and discriminatory detention of Azul Rojas Marin, a trans woman who identified at the time as a gay man, allowed the regional court for the first time to address the impact of LGBTphobic discriminations^[1]CourIADH, (12 mars 2020), Azul Rojas Marín et autres c. Pérou, série C n°402.. This ruling set a precedent in recognizing the rights of LGBTI+ community members. However, over two years after notifying the Azul Rojas Marin v. Peru judgment, the deadlines set for the State to implement the reparative measures ordered by the Court have expired. Peru merely complied with the obligation to publish the judgment, disregarding the request to create a human rights agreement protocol.

This indifference resonates with current protests: as Peru has been immersed in a profound political and social crisis for several years, and as protest movements show no signs of slowing down, the Peruvian government continues to ignore the people and violate democratic principles. Under the influence of Catholic and evangelical churches since the 19th century, Peru is still considered one of the most conservative nations in Latin America. Despite the separation of Church and State and secular reforms, the political and social conservatism^[2]Vincent, S. (2022), Género y ciudadanía en el Perú: nuevos escenarios y agendas de investigación, RSocialium, vol. 6 n°1. that permeates the country prevails in its moral doctrine. Despite the intervention of a minority advocating for more liberalism, the election of recent successive governments has proven the persistent attachment of Peruvian society to conservative tradition and reinforces policies in their disregard for certain fundamental rights, particularly those related to the inclusion of the LGBTI+ community.

In such a context, I present a series of articles focusing on the marginalization of trans individuals in Peru and examine the repercussions and means of action mobilized in the face of the State’s evident disinterest in the trans community. This first article highlights the lack of political will to protect the rights of trans individuals in Peru.

A systemic violence corroborated by state disdain

Between January and December 2019, 170 cases of violations of the rights of LGBTI+ individuals were recorded in Peru, according to the annual report of the LGBTI+ Human Rights Observatory^[3]Observatorio de Derechos LGBT, (2020), Informe anual del observatorio de derechos LGBT 2019, parte 1, pp.9-28. http://iessdeh.org/usuario/ftp/Informe_observatorio_2020.pdf?quot. Among these cases, 83 victims were trans individuals, accounting for nearly half of the documented assaults. The trans population emerges as the preferred target of attacks, as evidenced by numerous cases of murders, harassment, physical violence, police infractions, or discrimination. Moreover, 2019 was far from being a distinctive year. On the contrary, 2020 saw an increase in violations of the rights of trans individuals, notably due to the COVID-19 crisis. Similarly, four trans women were murdered in 2019^[4]Observatorio de Derechos LGBT, (2020), Informe anual del observatorio de derechos LGBT 2019, parte 1, graphique 3, p.12.http://iessdeh.org/usuario/ftp/Informe_observatorio_2020.pdf?quot, eight during the year 2022, and six between January and March 2023^[5]Silva-Santisteban, A. (20 March 2023), Trans rights becomes a life and death issue in Peru, News Decoder, https://news-decoder.com/trans-rights-becomes-a-life-and-death-issue-in-peru/. This numerical observation resonates as evidence of systemic violence against LGBTI+ individuals in Peruvian society.

Despite being specifically targeted, the trans population does not receive particular protection from the government. On the contrary, public policies protecting their rights are nearly non-existent. Furthermore, although many identified instances of violence come from the civilian population, a greater number of documented cases of trans rights violations are attributed to state entities. Several reports from the LGBTI+ Human Rights Observatory emphasize the role of the police as the primary violator of human rights in Peru, especially concerning the LGBTI+ community. Following the investigation conducted in 2017, nearly a quarter of the documented violations can be directly or indirectly attributed to the responsibility of the Peruvian state; in total, 11% of the perpetrators of violations are members of the police or the “serenazgo” ^[6]Observatorio de Derechos LGBT, (2019), Informe anual del observatorio de derechos LGBT 2017-2018, parte 1, p. 27. http://iessdeh.org/usuario/ftp/1-82_OBSERVATORIO_junio_2019.pdf. This percentage rose to 27.65% in 2019^[7]Calcul basé sur les chiffres issus de: Observatorio de Derechos LGBT, (2020), Informe anual del observatorio de derechos LGBT 2019, parte 1, p. 27. … Continue reading.

The Peruvian state displays a real lack of support for these systemic abuses. The political will of the legislative power to contribute to improving the situation of LGBTI+ individuals is evident, ignoring the daily challenges and structural violence inflicted on trans individuals. Proof of this legal void is characterized by the absence of a law recognizing hate crimes against trans individuals. Murders of LGBTI+ individuals are, therefore, investigated as “intentional homicides” without analysing and considering LGBTphobic prejudices as the primary cause of these crimes. Consequently, violence motivated by LGBTphobias is denied by the national judicial system. The criterion of gender identity is not recognized in Peru as a legal basis for hate crimes. Through this omission, the Peruvian state becomes complicit in perpetuating the discriminations and acts of aggression that trans individuals face due to their gender identity. A similar political disinterest is particularly evident in the absence of official recognition of trans individuals and other gender minorities, and the gender with which they identify.

The Peruvian state, represented by the current governments, has not established adequate protocols aimed at recognizing trans individuals and protecting them from the systemic violence they endure. Alongside this lack of support and recognition, the Peruvian state actively hinders the rights of trans individuals. The refusal to develop mechanisms and administrative procedures to facilitate gender change with the state complicates the transition process for those concerned. From such a lack of political will arises the absence of a law guaranteeing the right of trans individuals to change their name and gender on official documents. As a result, the rights of trans individuals to non-discrimination and respect for privacy are regularly violated, forcing them daily to the name and gender assigned to them at birth and revealing their private lives whenever they find themselves in a situation requiring proof of their identity.

Forced to obtain a court decision, trans individuals seeking to align the legally recognized gender with their identified gender engage in a lengthy, burdensome, and costly procedure with an uncertain outcome, left to the discretionary power of judges. Under these conditions, only a minority of them manage to circumvent legislative prohibitions. This injustice results in an increased risk of violence and violations of their fundamental rights. In addition to accentuating gender dysphoria, these situations involve an undeniable sense of discomfort, the risk of being continuously involuntarily outed^[8]« Outing/Outer » signifie le fait de révéler qu’une personne est trans (ou LGBTI+). V. Le Planning Familial, (5 octobre 2020), « Lexique trans », … Continue reading and the fear of potential repercussions. Moreover, the refusal of legal recognition for trans individuals resembles a political obstacle, revealing the denial of the real identity of trans individuals and the complete invisibility of their reality.

The ambivalence of RENIEC: representation of a lack of will to act

In its report “National Plan for Peru’s Undocumented 2017-2021″^[9]RENIEC, (29 Mars 2021), Perú Libre de Indocumentación Plan Nacional 2017 – 2021, … Continue reading, the National Registry of Identification and Civil Status (RENIEC)^[10]Le RENIEC est un organisme autonome chargé de l’identification de tous les Péruviens par la délivrance de la carte nationale d’identité addresses the issue of discrimination against trans individuals by taking up the subject of undocumented persons. In this national plan, detailing actions deployed to reduce disparities in the status of undocumented individuals in Peru, RENIEC takes a stance by characterizing the misalignment between gender expression and the civil status of trans individuals as an issue of identification and documentation. Additionally, the organization identifies the trans population as particularly at risk, bearing witness to the difficulty of the context and the modification of civil status for trans individuals.

Nevertheless, this report reveals the difficulties faced by the organization in conducting such an investigation, attesting to the lack of data and official statistics related to the situation of trans individuals beyond health issues. This absence of official inquiries once again betrays the lack of interest from public authorities in addressing the normalization of discrimination against trans individuals.

While the acknowledgment of challenges related to transgender identity by a national institution may suggest a significant awareness, the examination of its practical implementation quickly disappoints, calling into question any meaningful political progress. While this public policy seems to consider the challenges faced by trans individuals, the application of the national plan and its effects two years after its implementation are disappointing. No major improvement has been instituted by the state to facilitate the process of changing civil status. Furthermore, despite highlighting the discriminations and difficulties faced by trans individuals, RENIEC actively contributes to it by appealing court decisions to overturn name changes. Moreover, the institution uses discriminatory arguments, mocking and discrediting the motivations of trans individuals to modify their civil status, describing, for example, the request as “taste, whim, or fashion” ^[11]Plusieurs affaires témoignent de cette réalité, voir notamment : Ramahí, M., (27 septembre 2022), RENIEC obstaculiza cambio de nombre de mujer trans en Piura, Wayka. … Continue reading. After acknowledging the right of trans individuals to have their gender identity legally recognized, as well as the issues resulting from the mismatch of official documents, RENIEC promptly opposes the application of this right. Relying on a supposed necessary objectivity of bodily characteristics, RENIEC regularly opposes this change in civil status, as revealed by the online journal Wayka^[12]Cette organisation à but non lucratif se dédie à la promotion de la démocratie, la protection des droits humains et à la réalisation du bien commun. Despite a national plan suggesting recognition of the importance of aligning a person’s official documents with their gender identity, RENIEC actively contributes to discriminating against trans individuals, revealing ignorance and a representative disdain of Peruvian society.

The Office of the Ombudsman confirmed in 2016, in its report 175^[13]Defensoría del Pueblo, (Septembre 2016), Derechos humanos de las personas LGBTI: Necesidad de una política pública para la igualdad en el Perú, Serie Informes Defensoriales, Informe n°175., the correlation between violations suffered by trans individuals and the lack of public policies with an added differential approach to the general impunity in reporting these acts of violence. Not limiting itself to such denunciation, this report advocates for the need for a public policy for equality and issues recommendations to the Congress of the Republic, the judiciary, as well as relevant ministries and private entities.

The Involvement of the Peruvian State in violence against trans individuals

Numerous testimonies indicate that most the acts of discrimination and violence against LGBTI+ individuals are carried out by state agents. Police or “serenazgo”^[14]Traduction littérale : « unités de surveillance ». La « serenazgo » fonctionne comme une force de police municipale spécialisée avec une juridiction limitée ; les agent·es ont moins de … Continue reading, personnel, judicial authorities, public ministry officials, and health personnel have been accused of committing acts of discrimination in the exercise of their functions, acting on behalf of the Peruvian state.

Thus, the LGBTI+ Human Rights Observatory revealed in an investigation conducted in 2019 that 18.2% of violations of LGBTI+ individuals’ rights can be attributed to state discrimination, with more than half directed against trans individuals^[15]Observatorio de Derechos LGBT, (2020), graphiques 2 et 3, pp. 11 et 12. While the issue of violence by state agents seems to be a widespread situation in Peru, it is undeniable that it is exacerbated towards the LGBTI+ population. This is especially true concerning police officers. The survey also shows that a separate category from “state discrimination” had to be established to account for police offenses, indicating their particular significance. Cross-referencing data between the type of violation committed and the populations whose rights have been violated, the vast majority of violations against trans women are committed by police officers. Victims primarily testify to incidents of arbitrary detention and extortion^[16]Voir entre autres : Observatorio de Derechos LGBT (2020), p.24 ; UNAIDS (27 July 2023), Addressing violence against women sex workers in Peru. … Continue reading- cases where trans women have been asked for money or sexual relations in exchange for not being detained. Similar to the case of Azul Rojas Marin et al. v. Peru heard before the IACHR, the reality for trans individuals in Peru translates into a constant fear of potential persecutions. While the Peruvian police are tasked with protecting and assisting individuals and the community, numerous testimonies relayed by LGBTI+ platforms and organizations reveal that they constitute the primary aggressors.

By acting on behalf of the state within a national institution, Peruvian state agents contribute to the disregard of public policies for the reality of trans populations. These actors perpetuate the daily violence suffered by the LGBTI+ population, forcing victims to adapt their way of life and endure the invisibilization of their fundamental personal rights at the national level.

This paradox is only possible with direct support from the main organs of the Peruvian state: officials openly engage in discriminatory acts against the LGBTI+ population because they know they will face no reprisals or public sanctions, as the authorities and most of the population act as counterweights.

This situation of impunity is reflected in Peru’s inaction following its condemnation before the IACHR in March 2020. If the state itself does not answer for its obligations under international human rights law, why would its agents feel compelled to do so? A closer look at the situation reveals the daily persecutions experienced by trans individuals. A more in-depth analysis similarly reveals that state institutions establish this policy as societal norm, even as a security measure: in 2018, eleven municipalities in Lima included the “eradication of homosexuals” in their plans as a supposed security measure^[17]Malpartida Tabuchi, J. & Fernández, C., (2017), Discriminación municipal: estos distritos contemplan “erradicación de homosexuales”, El Comercio.  … Continue reading. The systematic nature of these violences demonstrates a clear and tangible failure of the Peruvian state. The structural dimension of the discriminations suffered by the LGBTI+ community was recognized by the Inter-American Court of Human Rights in the case of Azul Rojas Marin et al. v. Peru, where the significant involvement of the police and Peruvian state agents was specifically highlighted.

The vulnerability of trans individuals increased by State disinterest

The Peruvian state’s disinterest in the specific vulnerability of trans individuals is reflected throughout the national structure. From the absence of legislative protection to the general lack of recognition, and the ongoing violations by state agents, trans individuals are constantly reduced to their gender identity, with their fundamental rights violated daily by a disdainful state structure.

Faced with this political disregard and a heteronormative, prejudiced, discriminatory, and violent society, trans individuals are forced to live in a state of exclusion and marginalization, continually struggling to be recognized and access their fundamental rights. Thus, these violences have concrete repercussions on the daily lives of the victims of these persecutions and on their overall social rights: these personal violations more broadly impact access to employment, exposing trans individuals to precarious situations. Similarly, they see their autonomy drastically reduced, and this daily exposure tends to increase the sense of gender dysphoria, decrease the self-esteem of discriminated individuals, and lower their overall quality of life.

A second article will complement this analysis of political indifference to the persecution of trans individuals in Peru, detailing its consequences on the quality of life of those affected.