1 El Salvador–Demand Official Investigation Into the Murders in El Salvador 4/05
2 New police attack underscores dire gay situation 12/06
2a Gay Pride in Latin America 7/07
2b El Salvador – William Herrnandez, Asociación Entre Amigos 11/07
3 Kaiser Daily HIV/AIDS Report 8/08
4 Ministerial decree to reduce homophobia in health service 4/09
5 El Salvador: Thousands against gay marriage 4/09
6 El Salvador – William Herrnandez, Asociación Entre Amigos 12/09
7 Decreto Historico Contra La Discriminacion Por Orientacion De Genero O Sexual 5/10
8 Research Study: MSM and Female Sex Workers in El Salvador 3/11
9 Students Examine Climate for LGBT and HIV Population in El Salvador 3/11
10 Raped and tortured in El Salvador… 11/11
April 25, 2005 – International Gay and Lesbian Human Rights Commission
1
IGLHRC Action Alert: El Salvador–Demand Official Investagation Into the Murders of Three Sex Workers in El Salvador
OTS (El Salvador Sex Workers´Organization) and Flor de Piedra (another sex worker organization in San Salvador, El Salvador) are denouncing the murder on Sunday, 17 April 2005, of Maribel, a sex worker who was repeatedly stabbed in the face and neck and then suffocated in her room, in the course of her work.
This is the third murder of a sex worker in that area of San Salvador since 8 April.
In all three cases, the murder or murderers acted with extreme cruelty. In none of the cases have local authorities undertaken a proper investigation into the murders. Murders of female and trans sex workers are unfortunately common in El Salvador. Police abuse of female and trans sex workers, as well as gay men who are publicly known as such, is also commomplace.
The Salvadorean LGBT organization Entre Amigos has denounced state indifference to the safety and security of LGBT people in El Salvador. During 2004, Entre Amigos documented the murder of 4 gay men and 1 transgender person, and denounced official inaction.
To date, Salvadorean authorities have solved none of the murder cases. In July 22-23, 2003, members of the UN Human Rights Committee questioned the Salvadorean Attorney General Office staff for their failure to act on these cases when El Salvador reported on their compliance with their obligations under the International Covenant on Civil and Political Rights (ICCPR).
Please write today to the following authorities demanding:
– A thorough investigation of the murder of Maribel and the other two women who have been killed since April 8 in San Salvador by the National Civilian Police and the Prosecutor’s Office
– More NCP protection in the areas where sex workers work
– Supervision of police and judiciary investigations by the Human Rights Office at the Attorney General Office
– A clear statement by state officials, by their actions that they recognize the duty of the government to respect, protect, and fulfill the human rights of ALL the citizens of El Salvador, regardless of moral judgements that individuals might have regarding the life and employment choices that any one individual makes.
Please send your letters to:
– Licenciado Ricardo Meneses Director de la Policia Nacional Civil (Nacional Civilian Police Director) Fax (503) 289-1621 E-mail: ricardomeneses@pnc.gob.sv
– Licenciado Marcos Gregorio Sánchez Trejo Procuraduría General de la República (Attorney General Office) Fax: (503)2218221 E-mail: marcostrejo@hotmail.com
– Licenciado Belisario Artiga Fiscalía General de la República (Attorney General Office) Fax: (503) 249-8613 E-mail: nerecinos@fgr.gob.sv
– Doctora Beatrice de Carrillo Procuraduría para la Defensa de los Derechos Humanos (Human Rights Office at the Attorney General Office) Fax: (503) 222-0655 E-mail: despddh@pddh.gob.sv
– Licenciada Zoila de Incenti Directora del Instituto Salvadoreño de Desarrollo de la Mujer (Salvadorean Institute for the Development of Women´s Director) (Fax: (503) 222-9313 E-mail: isdemu@isdemu.gob.sv
And please send a copy to Flor de Piedra at flordepiedra2000@yahoo.com
Background
Since April 8, 2005 three sex workers have been killed near Independencia Avenue, in San Salvador. The first woman was mutilated and then suffocated. The second woman was followed by unidentified men after she left her place of work, and shot when she got into a bus to go home. Flor de Piedra – a sex-workers organization that is part of the national coalition working towards an Interamerican Sexual and Reproductive Rights Convention – states that “In the streets where sex work is carried on, all forms of violence are common and most murders of sex workers are never solved.
The features of sex work in El Salvador feed into this violence, as it is not acknowledged as work, is carried on in extremely unsafe conditions, in areas considered “high risk zones”, in rooms lacking sanitary conditions and where women are not protected against murderers. Two of the murders we are denouncing now took place in the rooms where the murdered women carried out their work”.
According to gay organization Asociacíon Entre Amigos, the following murders were committed against gay men during 2004:
– On May 31, John, the owner of a small shop, was murdered in Sacacoyo, La Libertad. – On June 15, Julio Cesar Vasquez (25), a street vendor who sold clothing and make up, was stabbed to death in Coatepeque, Santa Ana. – On August 9, Miguel Angel Perez Bonilla (25) was stabbed in Zacatecoluca, La Paz.
– On October 7, Jose Luis Arteaga (47), a cashier at a beer-bar, was shot while at work in Santa Ana.
When the government of El Salvador appeared before the UN Human Rights Committee (the group of experts who monitor governments’ compliance with their obligations under the International Covenant on Civil and Political Rights) in 2003, Amnesty International, IGLHRC and trans activist Jan Doerfel presented information to the Committee about human rights violations against gay and trans people in the country in 2002.
In some cases, the violations had been perpetrated by State officials (primarily the National Civilian Police). In other cases, the State was culpable for omission or inaction – in situation in which authorities had failed to investigate or respond. Committee members from the US, Canada and the UK raised questions to Salvadorean authorities about a range of issues, including 28 killings of gay and trans individuals that took place in El Salvador in the years of 2001-2003, only 2 of which were properly investigated and solved.
The Committee also queried the government about allegations of police abuse against a gay man, Francisco Cerna Manzanares, and a transvestite Lisbeth Rivas Sanchez.
International law
– Right to life (and to liberty and security of person) is protected by the Universal Declaration of Human Rights (UDHR) in its Article 3; by the International Covenant on Civil and Political Rights (ICCPR) in its Articles 6 and 9, by the Interamerican Convention on Human Rights (IAHRC) in its Articles 4 and 7 and by the Interamerican Convention to Prevent, Punish and Erradicate Violence Against Women (ICPPEVAW) in its Article 4.a
– Right to equality before the law and to be free from discrimination are protected by the UDHR in its Articles 2 and 7, by the ICCPR in its Articles 2 and 26, by the IACHR in its Articles 1 and 24 and by the ICPPEVAW in Article 6.a
– Right to equality before the courts and tribunals is protected by ICCPR in its Article 14.
– Right to effective remedy is protected by the UDHR in its Article 8.
– Right to judicial protection is protected by the ICHR in its Article 25. Regional law Article 7 b. of the Interamerican Convention on the Prevention, Punishment and Eradication of Violence Against Women obligates signataries to apply due diligence to prevent, investigate and impose penalties for violence against women. Domestic obligations El Salvador ratified the International Covenant on Civil and Political Rights in 1979, the Interamerican Human Rights Convention in 1978 and the Interamerican Convention on the Prevention, Punishment and Eradication of Violence Against Women in 1995.
The Universal Declaration of Human Rights is considered customary law for all Member States of the United Nations, including El Salvador. Respect, protect and fulfil and the standard of “due diligence” The tripartite notion of “respect, protect and fulfill” is one way to capture the overarching framework of governments’ human rights obligations.
Abuse by agents of the state — the police, prosecutors, etc, as noted in the action alert above, constitute a failure of the government of El Salvador to respect human rights. When sex workers, along with gay men, lesbians, bisexual and transgender persons – are murdered with impunity, and when intolerance and homophobia within the justice system (as well as outside it) impedes proper investigation of the crime and results in impunity for the perpetrators, the government of El Salvador has failed to protect and fulfill the rights of Salvadoreans.
First, states are required to respect rights. That is, government officials, or those acting with the authorization of the state, must not commit human rights abuses, such as arbitrary arrest and detention; physical, verbal and sexual abuse; or torture, cruel, inhuman and degrading treatment; along with unwarranted restrictions on freedom of movement, association, and expression.
They must respect the human rights of all members of society, including those from socially denigrated and marginalized groups, like sex workers, or LGBT persons.
States are required to take effective steps to end human rights abuses. Under this obligation, states must not only ensure that their agents do not violate rights, but they must also work meticulously to prevent and punish such acts by private actors. In other words, in addition to the obligation to respect rights, governments also have the duty to protect and fulfill human rights.
In order to adequately protect rights, the government and those acting on its behalf must take steps to prevent other individuals or groups (including private enterprises and corporations) from violating human rights. The duty to fulfill rights requires that the government ensure that an infrastructure exists that enables people to exercise and enjoy their rights to the fullest possible extent.
If a state fails to take all steps within its power and capacity to prevent human rights violations, it can itself be held responsible for the violation. This is known as the standard of due diligence. While it does not absolve the actual perpetrators from being prosecuted and punished for the crimes they have committed, it holds that complicity, acquiescence and omission by the state constitute another form of responsibility. The due diligence standard requires that states prevent, investigate and punish acts that impair any of the rights recognized under international human rights law. In addition, it must provide access to remedy, attempt to restore the right violated and provide reparation or compensation for damages incurred.
December 14, 2006 – Direland
2
El Salvador: New police attack underscores dire gay situation
A vicious and violent police attack a week ago Monday on four transgendered youth in El Salvador, which hospitalized one of them with serious injuries, is only the latest in an unending wave of violent attacks that continues to inundate the Central American nation’s LGBT community. For all the details, and an interview with El Salvador’s leading gay activist, click on: http://direland.typepad.com/direland/2006/12/el_salvador_new.html
July 02, 2007 – blabbeando.blogspot.com
2a
Gay Pride in Latin America: Bolivia, Ecuador, Panama, El Salvador, Chile & Colombia
You might have seen coverage of pride marches in Spain and Brazil elsewhere so we’ll skip those (just Google both and see what comes up or, better yet, browse GayNewsWatch.com for related stories). We have already written about last week’s rally in the Dominican Republic. Here is a look at other pride marches and events in Latin America that took place over the weekend that might have received less attention in these latitudes. Cochabamba, Bolivia: Santa Cruz and the capital city of La Paz might have observed gay pride events in previous years but this year it was the Andean city of Cochabamba to launch their first pride event ever (abuove-right press conference image taken from Los Tiempos).
On Sunday, Los Tiempos reported that the previous day’s gathering at the city’s main plaza was attended by thousands of individuals who "danced with transsexuals, gays and lesbians." "I didn’t know Miss Cochabamba was so tall!" said an older woman as she posed for a photo with the Queen of the Gays, stated the reporter. The paper took note of the visible trans presence and the lack of confrontations or disruptions that have marred pride events in other Bolivian cities.
Guayaquil, Ecuador. El Comercio reports that 300 people showed up for an afternoon of artistic shows at an outdoor plaza on Thursday, June 28th. The event, which began last year, was organized by the Friends for Life Foundation under the theme of "The problem is not homosexuality… The problem is homophobia." The Foundation has posted images of the event over on their blog here and here. Panama City, Panama. The Association of New Men and Women of Panama (AHMN), observed pride by releasing their first ever "Top Ten Most Homophobic Panamanians" list which included television personalities, religious leaders and politicians. At least one of the nominees expressed surprise at being nominated: Critica Libre columnist Julio Cesar Caicedo told the AFP "I am not a homophobe."
San Salvador, El Salvador. EFE reports that hundreds of people, including representatives from half a dozen HIV prevention and gay rights organizations participated in a gay pride march through the streets of San Salvador. Under the theme of "Diversity in Action" well-known gay-right activist William Hernandez stated that there was a lack of funding and institutionalized support for anti-homophobia trainings or campaigns or for HIV prevention campaigns specifically targeting the gay community. Santiago de Chile, Chile. Last week the Chilean arm of Amnesty International said that two leading gay rights organizations, MUMS and MOVILH, had received anonymous threatening messages through the internet in advance of Sunday’s pride fair. In June MOVILH’s website had also been hacked twice also by unknown put self-proclaimed skinheads who posted offensive messages and images instead of the usual content.
Fortunately MOVILH’s portal is back in MOVILH’s hands and they report no incidents of violence at Sunday’s cultural fair which celebrated both LGBT pride as well as the organization’s 16th anniversary. They also have a photo gallery of the day’s proceedings here (if people seem a bit bundled, keep in mind that it’s currently winter down in Chile). La Nacion had perviously reported that, parallel to the day’s events there would also be a second annual "kiss-a-thon" organized by MUMS in a show of support for anti-discrimination legislation.
Bogota, Colombia. Organizers of Bogota’s pride march also denounced internet-based threats from anonymous self-described "skinheads" on the eve of Sunday’s event. Fortunately, the march drew an estimated 10,000 participants despite cold rainy weather and there were no reports of any disruptions or clashes although a group of pro-gay skinheads did participate.
Organizers of the event, led by the Colombian LGBT rights advocacy organization Colombia Diversa, had planned to wear black shirts in protest of last month’s 12th hour defeat of a landmark bill that would have given same-sex couples in Colombia some partnership rights. But on Sunday the black banners and shirts also served as a powerful symbol that the LGBT community in Colombia stood together with the rest of the country in mourning the death of 11 councilmembers who had been held in captivity for five years by the FARC guerilla organization (the FARC say that the kidnapped men died in a confrontation with armed forces while the Colombian government has categorically denied any rescue mission or military activity against the FARC in the area).
In addition to those visible expressions of sadness, Fabian David, a young man who marched along with his boyfriend, noticed another key difference from marches in years past: "The majority of are not wearing masks," he told El Tiempo, "This is because there is a sense of increased comfortability with the issue.
November 2007 – Front Line Defenders
2b
El Salvador – William Herrnandez, Asociación Entre Amigos
The Asociación Entre Amigos (Between Friends Association) is an organisation working for respect for, and the defence of, the human rights of gays, bisexuals, lesbians, transsexuals and inter-sex in El Salvador. Its main focus is on HIV/AIDS education and prevention in communities socially excluded due to their orientation (LGBTI) and health conditions (those living with HIV or AIDS). It also supports facilities and friends of those affected. Entre Amigos documents and reports cases of human rights abuses.
William was one of the four founders of the Asociación Entre Amigos.
‹ Dominican Republic – SONIA PIERRE, Movimiento de Mujeres Dominico Haitiana up Ghana – MACDARLING COBBINAH, Centre for Popular Education and Human Rights, Ghana ›
With the help of the international community William Hernández’s work has focused on a number of issues involving stigmatisation and discrimination which has led to threats, persecution and even death, not only of some of his friends and volunteers, but also of many gays, bisexuals, lesbians and transsexuals because of their sexual orientation, gender identity or decision to find employment in sex work.
Although El Salvador has no legislation outlawing adult same sex relations, it is equally true that gays, bisexuals, lesbians,transsexuals and inter-sex people do not enjoy an environment of peace and tranquillity.
The worst outrages perpetrated against the organisation and William Hernández himself in El Salvador include:
* 6 December 1998: the door to the ‘Entre Amigos’ office is forced by unknown persons who accessed the group’s confidential files;
* 7 March 1999:William Hernández, the group’s Executive Director, receives a death threat on the day of the El Salvador Presidential elections;
* 6 June 1999: A person who identified himself as a member of the special Presidential Battalion (Batallón Presidencial) used his firearm to threaten a transgendered person taking part in the Gay and Lesbian Pride Day celebrations;
* 29 June 1999: unknown persons shoot and wound a gay man as he leaves the ‘Entre Amigos’ office with William Hernández.
* 9 December 1999: an unknown person calls the ‘Entre Amigos’ offices on three occasions and threatens to kill the Director, William Hernández, and adds that William should be careful, and that they know where his daughters and other family members live.
* 3 April 2000: Juan Carlos Cortés Peña, a sex worker who is a member of ‘Entre Amigos’, is attacked by policemen while he is working.
* 3 December 2000: the door to the ‘Entre Amigos’ premises is forced early in the morning, and the intruders cut the leads of the alarm system. The offices are ransacked, and pictures, clothing, membership lists and a box containing bills and petty cash are stolen;
* The Entre Amigos Association premises were looted again on 30 May 2006;
* 27 October 2007: as an ‘Entre Amigos’ Administrative Director is leaving a bank, she is stopped by two men on motor-cycles who ‘steal’ her papers and money to be used to pay staff salaries;
* 29 October 2007: the organisation’s door is forced early in the morning, and a fax machine is stolen;
* 19 November 2007: Walter Sánchez, a transvestite who was also an ‘Entre Amigos’ member, is murdered by unidentified men who fire on him from a passing car;
This pattern of attacks has been repeated in the lead-up to the reform of the Salvadorian Constitution currently being debated in the Legislative Assembly with a view to denying the right of same sex couples to marry and banning homosexuals from adopting children.
We suspect that this was not the work of ordinary criminals, and that the intruder(s) broke into the office to obtain information on activities planned for Sexual Diversity Pride Month, Following this incident, on 1 June, William Hernández received a death threat as he left the office. “[a man] approached me from behind with a gun and said “Don’t turn round.” He then pressured me to call off the activities planned for the Assembly that month adding “Drop these stupid activities of yours in the street… before you get married, I’m going to KILL you.”
William Hernández is currently receiving protection from the Victims’ and Witnesses’ Section of the Important Persons’ Protection Division of El Salvador’s National Civil Police.
August 22, 2008 – Kaiser Network
3
Kaiser Daily HIV/AIDS Report
Global Challenges | Researchers Examine How Perceptions of Masculinity Influence HIV Prevention in Central America
A team of researchers is examining how different perceptions of masculinity can influence HIV prevention messages in Central America, the Columbia State reports. The team, which is supported by USAID and Population Services International, has held focus groups with 1,200 men from El Salvador, Guatemala, Nicaragua and Panama to learn about different perceptions of masculinity and how the men see themselves. The men completed 11-point surveys on issues such as what motivates them, what is important in life and what word best describes them. Using the surveys, the researchers developed six primary categories to which HIV/AIDS prevention messages can be customized, according to the State. "It’s another approach for behavioral change messages," Susana Lungo, program director for the initiative, said.
The six primary categories are powerful, men to whom researchers should stress that they have the power to choose condom use; energetic, who can be reached by emphasizing that they can make a contribution to the fight against HIV/AIDS; protector, who should be given messages about fidelity and condom use for the sake of protecting their families; relaxed, who tend to be receptive to condom use because of generally open attitudes; searchers, to whom condom use has to be presented in interesting and engaging ways; and passionate, men who are receptive to fidelity and condom use messages out of respect for their partners.
According to the researchers, although the categories were developed to promote HIV prevention, they also can be used for teenage pregnancy prevention and other health issues (Reid, Columbia State, 8/21).
3 April 2009 – UNaids.org
4
El Salvador: Ministerial decree to reduce homophobia in health service
The Ministry of Public Health and Social Assistance of El Salvador approved, as part of its National Plan on HIV prevention, a set of actions to reduce homophobia and any type of discrimination based on sexual orientation in the health services.
In its 2008 country progress report El Salvador identified human rights violations as a major barrier to an effective response to the AIDS epidemic. The ministerial decree signed on 5th March 2009 by the Minister of Health Dr. Guillermo Maza, guarantees access to health services and respect of human rights to men who have sex with men, transgender, transvestites and lesbians.
The ministerial order states that all public health services such as hospitals, health clinics, etc. and their staff must facilitate, promote and support actions to eradicate discrimination based on sexual orientation. The decree also calls for all health institutions in the country to report back on the actions taken to reduce homophobia and discrimination.
This ministerial decree reflects the fundamental principle of respect for the human rights of all those who suffer from stigma and discrimination and it reaffirms the spirit of the universal access to HIV prevention, treatment, care and support under a human rights frame.
César Antonio Nuñez, UNAIDS Director Regional Support Team for Latin America
“This ministerial decree reflects the fundamental principle of respect for the human rights of all those who suffer from stigma and discrimination and it reaffirms the spirit of the universal access to HIV prevention, treatment, care and support under a human rights frame,” said César Antonio Nuñez UNAIDS Director Regional Support Team for Latin America.
The decree also encourages multilateral cooperation agencies and International financing institutions to provide funds and technical support directed to effectively respond against discrimination.
According to UNAIDS, El Salvador has an HIV prevalence rate of 17.8% amongst men who have sex with men (MSM).
Aside from the individual pain homophobic attitudes inflict, the continuing stigma attached to same-sex relations is complicating the task of slowing the spread of HIV in the Latin America region in general where sex between men is a leading mode of HIV transmission according to national reports. Stigma and homophobia increase the isolation of gays, bisexuals and transgender people making them more reluctant to come forward, get advice and access HIV services such as treatment, testing and counseling.
By signing the ministerial decree, El Salvador builds on the country’s commitment to seriously expand efforts to address stigma and discrimination in health settings which will facilitate the intake of HIV services by one of the key populations at higher risk of HIV infection
April 24, 2009 – Spero News
5
El Salvador: Thousands against gay marriage
The Catholic Church in El Salvador presented 300,000 signatures in favor of Constitutional protection for the traditional definition of marriage between one man and one woman. The Lawmaking Assembly of El Salvador will once more discuss the controversial theme of homosexual marriages on April 23. The declaration is ready to be approved and all the political parties, except the Farabundo Marti Front for National Liberation (FMLN), are ready to support a Constitutional amendment that establishes that marriage can only exist between a man and a woman. The amendment needs 56 votes for approval. The Catholic Church presented 300,000 signatures against homosexual unions.
Archbishop Jose Luis Escobar Alas of San Salvador, on April 19, wrote a statement to the leaders of the Lawmaking Assembly, thanking them “for having had the initiative to establish an ad hoc committee to evaluate and promote the ratification of the Constitutional amendment of Articles 32, 33, and 34 in defense of marriage and the family.” He also recalled that “promotion and defense of the family has always been a concern for the Church, in her commitment to the common good and happiness of the human person and society at large.”
Archbishop Jose Luis Escobar also affirms that the amendment “is not an attack on specific groups” as some claim, but rather “an essential protection of marriage, establishing what marriage truly is and should be.” When the institution of marriage is weakened, the Archbishop said, “society is weakened.” The Prelate explained that “the unions of people of the same sex are immoral and cannot be called marriage. If these occur, they would be something else.” Thus, “we cannot impede people. Each person is free to establish relations with another person, however this union would not be marriage.” In saying this, “we do not wish anything negative for anyone. The benefit it brings is for the good of society and marriage, as they are principles and fundamental values of the family. In a permissive society, which falls into decay and allows for this type of life or tolerates it as something good, loses its moral level. Thus, the Church and the various institutions of society are concerned for the protection of the moral and ethical values of the family, which is the basis of society.”
The Archbishop and his Auxiliary Bishop Gregorio Rosa Chavez, along with priests from across the country went to present the 300,000 signatures from all over the country to Congress. The signtaures are from citizens who ask that a Constitutional amendment be made that would prohibit any possibility of homosexual marriages. On Tuesday, the Archbishop met with several lawmakers, exposing the need to make laws to assure that this situation does not occur in El Salvador. The Archbishop reiterated the fact that it is not a discrimination towards those who claim to have a different sexual orientation, whose freedoms are still maintained. “The only thing we want to safeguard is the good of the family, the good of marriage, the good of society. What we want is to place locks to conserve the values of society,” Archbishop Escobar said.
In the previous legislative period, and upon the request of the Democratic Christian Party (PDC), a Constitutional reform bill was approved in 2006 establishing that in El Salvador, only marriages between a man and a woman. This would imply that in the future, no homosexual weddings would be authorized. In order for the Constitutional changes to enter into effect, they must be approved by a simple majority in the lawmaking body, which in El Salvador implies half plus one of the 84 deputies, and later ratified by a qualified majority of 56 votes, in the following legislative period. The current legislature that will have to ratify the reform, concludes its period of three years on May 1, when the newly elected (this past January) deputies take office.
November 2007 – Front Line Defenders
6
El Salvador – William Herrnandez, Asociación Entre Amigos
The Asociación Entre Amigos (Between Friends Association) is an organisation working for respect for, and the defence of, the human rights of gays, bisexuals, lesbians, transsexuals and inter-sex in El Salvador. Its main focus is on HIV/AIDS education and prevention in communities socially excluded due to their orientation (LGBTI) and health conditions (those living with HIV or AIDS). It also supports facilities and friends of those affected. Entre Amigos documents and reports cases of human rights abuses.
William was one of the four founders of the Asociación Entre Amigos.
‹ Dominican Republic – SONIA PIERRE, Movimiento de Mujeres Dominico Haitiana up Ghana – MACDARLING COBBINAH, Centre for Popular Education and Human Rights, Ghana ›
With the help of the international community William Hernández’s work has focused on a number of issues involving stigmatisation and discrimination which has led to threats, persecution and even death, not only of some of his friends and volunteers, but also of many gays, bisexuals, lesbians and transsexuals because of their sexual orientation, gender identity or decision to find employment in sex work.
Although El Salvador has no legislation outlawing adult same sex relations, it is equally true that gays, bisexuals, lesbians,transsexuals and inter-sex people do not enjoy an environment of peace and tranquillity.
The worst outrages perpetrated against the organisation and William Hernández himself in El Salvador include:
* 6 December 1998: the door to the ‘Entre Amigos’ office is forced by unknown persons who accessed the group’s confidential files;
* 7 March 1999:William Hernández, the group’s Executive Director, receives a death threat on the day of the El Salvador Presidential elections;
* 6 June 1999: A person who identified himself as a member of the special Presidential Battalion (Batallón Presidencial) used his firearm to threaten a transgendered person taking part in the Gay and Lesbian Pride Day celebrations;
* 29 June 1999: unknown persons shoot and wound a gay man as he leaves the ‘Entre Amigos’ office with William Hernández.
* 9 December 1999: an unknown person calls the ‘Entre Amigos’ offices on three occasions and threatens to kill the Director, William Hernández, and adds that William should be careful, and that they know where his daughters and other family members live.
* 3 April 2000: Juan Carlos Cortés Peña, a sex worker who is a member of ‘Entre Amigos’, is attacked by policemen while he is working.
* 3 December 2000: the door to the ‘Entre Amigos’ premises is forced early in the morning, and the intruders cut the leads of the alarm system. The offices are ransacked, and pictures, clothing, membership lists and a box containing bills and petty cash are stolen;
* The Entre Amigos Association premises were looted again on 30 May 2006;
* 27 October 2007: as an ‘Entre Amigos’ Administrative Director is leaving a bank, she is stopped by two men on motor-cycles who ‘steal’ her papers and money to be used to pay staff salaries;
* 29 October 2007: the organisation’s door is forced early in the morning, and a fax machine is stolen;
* 19 November 2007: Walter Sánchez, a transvestite who was also an ‘Entre Amigos’ member, is murdered by unidentified men who fire on him from a passing car;
This pattern of attacks has been repeated in the lead-up to the reform of the Salvadorian Constitution currently being debated in the Legislative Assembly with a view to denying the right of same sex couples to marry and banning homosexuals from adopting children.
We suspect that this was not the work of ordinary criminals, and that the intruder(s) broke into the office to obtain information on activities planned for Sexual Diversity Pride Month, Following this incident, on 1 June, William Hernández received a death threat as he left the office. “[a man] approached me from behind with a gun and said “Don’t turn round.” He then pressured me to call off the activities planned for the Assembly that month adding “Drop these stupid activities of yours in the street… before you get married, I’m going to KILL you.”
William Hernández is currently receiving protection from the Victims’ and Witnesses’ Section of the Important Persons’ Protection Division of El Salvador’s National Civil Police.
14 de mayo de 2010 – acjdeelsalvador.blogspot.com
7
Decreto Historico Contra La Discriminacion Por Orientacion De Genero O Sexual.
La Secretaria de Inclusión Social, Vanda Pignato, recalcó que no se permitirá ningún tipo de discriminación a ninguna persona por su orientación sexual o identidad de género en la administración pública.
Secretaria De Inclusion Social Crea Direccion Sobre Diversidad
Sexual Para Combatir La Discriminacion 13 de mayo de 2010 Esta tarde la Secretaria de Inclusión Social, Vanda Pignato, presentó a la sociedad salvadoreña la creación, al interior de dicha Secretaría, de la Dirección de Diversidad Sexual, una entidad técnica que contribuirá a la identificación de prácticas de discriminación y a corregirla dentro de la Administración Pública. La creación de dicha Dirección corresponde a un esfuerzo más por generar la inclusión social, esto es, por reconocer las diversidades humanas y garantizarles, por igual, el goce y ejercicio de sus derechos fundamentales. En su discurso, la Secretaria de Inclusión Social indicó que “El Gobierno –del cual soy Secretaria de Inclusión Social– tiene un pilar, un basamento que lo distingue de cualquier otra forma anterior y es el reconocimiento de que todos los seres humanos somos diferentes en la realidad, pero somos iguales en nuestros derechos.” La Secretaria de Inclusión Social destacó que la orientación sexual o la manera como cada persona viva su identidad de género es una decisión que, en la medida en que no afecte los derechos de los demás, debe ser tolerada y respetada por todos, o lo que es lo mismo, el Estado debe respetar y garantizar los derechos humanos de toda persona, sin considerar su orientación sexual o su identidad de género.
En definitiva, lo que se pretende es erradicar toda forma de discriminación, y particularmente, la que se basa en aquellos elementos. Durante su alocución, pronunciada en el acto donde se encontraban varios integrantes del gabinete de gobierno, Pignato indicó: “Que se entienda bien: El Gobierno de El Salvador no está realizando una promoción del homosexualismo, del bisexualismo o del heterosexualismo. Tampoco está haciendo una promoción del transexualismo o del trasgenerismo. Estas son decisiones que en ejercicio de su libertad pueden ser adoptadas en búsqueda de la realización individual. El Gobierno de El Salvador está haciendo lo que la Constitución le obliga a hacer: prohibir toda forma de discriminación, y en este caso, por razón de orientación sexual y de identidad de género.” Al destacar sobre los alcances del involucramiento de la Secretaría de Inclusión Social en la temática de la diversidad sexual, la Secretaria de Inclusión Social dijo: “Considero de la más absoluta importancia precisar la claridad de mis palabras. La discriminación en todas sus formas y, por tanto, aquella basada en la orientación sexual y la identidad de género, no será tolerada por este Gobierno. Esa es la esencia de mi mensaje. No faltarán las voces que con un evidente mal interés o propósito pretenderán distorsionar mis palabras, o peor aún, mezclar esta temática con otros temas como la despenalización absoluta del aborto o el matrimonio entre personas del mismo sexo”.
La Secretaría de Inclusión Social tiene muy claro que en este país hay problemas graves que solucionar: la gran desigualdad y exclusión social, la pobreza extrema, la inseguridad y la violencia. O también las ejecuciones arbitrarias y los vejámenes, o la discriminación en el acceso al empleo, a la educación o a la vivienda, todo esto causado por la existencia de homofobia y de transfobia en el país. El gobierno de El Salvador tiene muy bien identificados sus propósitos y sus prioridades, y no vamos a permitir que nos distraigan con espejismos e ilusiones.” Luego de la presentación de la Dirección de Diversidad Sexual, la Secretaria de Inclusión Social comunicó que el Señor Presidente de la República ha firmado el Decreto Ejecutivo número 56, mediante el cual se han emitido disposiciones para evitar toda forma de discriminación en la Administración Pública, por razones de identidad de género y/o de orientación sexual. Conforme con el artículo 2 del mencionado Decreto, “se prohíbe a las instituciones y demás organismos que integran la Administración Pública el incurrir en algún acto o práctica o fomentar, propiciar, defender o apoyar cualquier acto o práctica que de manera directa o indirecta constituya una forma de discriminación por razón de la identidad de género y/o la orientación sexual”.
El Decreto, asimismo, dispone que para los efectos de la evaluación de desempeño del personal de la Administración Pública se considerará la observancia de las disposiciones del mismo. Este Decreto determina que el comportamiento de la Administración Pública no puede orientarse hacia la discriminación, indicó Carlos Urquilla, Director General de la Secretaría de Inclusión Social, que complementa otros instrumentos ya existentes que previenen y combaten la discriminación frente a otros actores o sectores sociales. “El concepto de discriminación y de actuación de la Administración Pública contenido en el Decreto busca que ninguna forma de actuación institucional, ya sea actuación sancionatoria, aplicación de la ley, e incluso el proceder técnico y las actuaciones materiales puedan incurrir en discriminación por orientación sexual o identidad de género” indicó Urquilla, quien destacó que el Decreto está basado en el principio de no discriminación que subyace en el artículo 3 de la Constitución de la República. — Asociación Cristiana de Jovenes El Salvador.Urb. San Ernesto Pasaje San Carlos, No 128 San Salvador.Tel. 2260-1450Visita: Website
2011 March – PubMed.gov
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Research Study: MSM and Female Sex Workers in El Salvador
by Paz-Bailey G, Jacobson JO, Guardado ME, Hernandez FM, Nieto AI, Estrada M, Creswell J. – Del Valle University of Guatemala, Guatemala City, Guatemala.
Abstract
Objective To estimate the numbers of female sex workers (FSW) and men who have sex with men (MSM) in San Salvador, El Salvador. Design and methods A capture-recapture exercise was conducted among MSM and FSW in San Salvador in 2008. The first capture was done by distributing key chains to both MSM and FSW populations through local non-governmental organizations (NGO) that work with these groups. The second capture was done during the course of an integrated behavioural and biological survey (IBBS) using respondent-driven sampling (RDS). The proportion receiving a key chain estimated from the IBBS study was adjusted by RDS-derived weights.
Results The first capture included 400 FSW and 400 MSM. Of the 624 MSM interviewed in the IBBS, 36 (5.8% crude; 3.2% adjusted RDS) had received the key chain. The estimated population size of MSM in San Salvador was 12?480 (95% CI 7235 to 17?725). Of the 663 FSW interviewed in the IBBS, 39 (5.9% crude; 6.9% adjusted RDS) had received the key chain. The estimated number of FSW was 5765 (95% CI 4253 to 7277). Conclusions The capture-recapture exercise was successfully linked to an IBBS to obtain city-level population sizes for MSM and FSW, providing valuable information at a low cost. Size estimates are crucial for programme planning for national AIDS programmes, NGOs and stakeholders working with these populations and for HIV projection models.
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March 21, 2011 – Berkley Law
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Students Examine Climate for LGBT and HIV Population in El Salvador
by Andrew Cohen
Students with Berkeley Law’s International Human Rights Law Clinic (IHRLC) have returned from a fact-finding mission to El Salvador, where they examined the difficult climate for the country’s LGBT and HIV-positive population. During their six-day visit, Diya Malani ’11 and Maria Rosa Meza ’11 met with local advocates, public officials, and community members to document human rights abuses and identify gaps in legal protections for lesbian, gay, bisexual, transgender and HIV-positive Salvadorans. The students conducted hours of interviews and gathered legal documents and statistics.
“The advocates we met with all emphasized police brutality and harassment as major issues facing the LGBT community,” Malani said. “They also described the authorities’ indifference in responding to abuses suffered by this population.” The students were supervised by IHRLC Clinical Instructor Allison Davenport ’04 and East Bay Community Law Center Staff Attorney and Clinical Instructor Linda Tam ’00. Findings from the trip will guide a new project with Salvadoran advocates, lawyers, and law students to provide pro bono legal services to LGBT and HIV-positive people. The findings will also be included in a forthcoming IHRLC report.
In addition to supporting efforts within El Salvador to coordinate legal education to the LGBT and HIV communities, the clinic hopes to help provide direct representation to individuals who have experienced rights violations. “It’s something the community desperately needs and has never had available,” Davenport said. During one focus group session, participants told stories of harassment and discrimination—and cited significant barriers in getting health care, education, and employment.
The students found that El Salvador’s transgender population is particularly vulnerable. In 2009, 23 LGBT community members were reportedly murdered—the majority of them transgender women. “They can’t legally change their name or sex on official identification documents,” said Meza. “Every year, there are several murders of transgender individuals which receive only minimal investigation and never result in prosecutions.” Tam said El Savador’s LBGT residents are greatly stigmatized, and that if they are also HIV-positive, they face heightened discrimination and “vulnerability to human rights abuses.”
Although HIV rates in El Salvador are comparable to other countries in the region, the HIV rate among men who have sex with men is the highest in Central America, at 18 percent. Among transgender people, it’s 25 percent. Salvadoran law prohibits government health workers from discriminating based on a person’s HIV status, but there are widespread reports that it still occurs. “This discourages HIV-positive individuals from seeking needed medical treatment,” said Tam.
IHRLC students Danielle Kendrick ’12 and Megan Schuller ’11 have led the clinic’s research effort, analyzing El Salvador’s international and regional human rights obligations as well as its relevant domestic laws. One recent advance is Presidential Decree 56, signed by President Mauricio Funes in 2009, which prohibits discrimination by state employees based on sexual orientation or gender identity. “While Decree 56 is a major step forward,” said Davenport, “it hasn’t been widely disseminated among public officials and public employees haven’t been trained to ensure its implementation. Significant gaps in the law and in enforcement remain."
7 November 2011 – LGBT Asylum News
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Raped and tortured in El Salvador, Juan flees abuse and finds angels in America
by Ken Williams, Editor in Chief, SDGLN
(Editor’s note: Ken Williams met the Rev. Judith K. Hanlon, pastor of Hadwen Park Church and a founding member of the LGBT Asylum Support Task Force, at the Compass to Compassion consultation in New York. Hanlon, based in Worchester, Mass., shared this compelling story by Juan, as told at a church conference last year in San Diego. Juan’s story puts a human face on LGBT asylum issues. SDGLN is using an alias for the person who is telling his personal story to ensure his confidentiality and to protect family members who live in El Salvador.)
My name is Juan and I was born in 1976 in San Salvador, El Salvador. My life growing up was horrible. I was sexually, physically and verbally abused my entire life due to my sexual orientation. My mother worked as a maid. She was raped by her employer. When she got pregnant, she had to leave her job and go live with her parents. For that reason, I do not believe that my mother ever loved me. I finally met my father in 2005. Publically, in his presence, I was called a faggot by neighbor boys. He turned to me with disgust and asked, “Is this true?” I said yes, and he said, “I don’t want a f***ing faggot for a son. Pretend I never met you.” That was the last time I saw my father.
Enduring endless abuse
My mother was an alcoholic and beat me constantly. She was embarrassed because the neighbor children called me a faggot. She would beat me with her hands or with her belt. Sometimes she would hit me on the head or on the back. Sometimes she would grab pieces of wood to hit me on the legs with them. Other times, she would tell me to take off my shoes and socks and make me stand out in the hot sun barefoot. She would tell me that she was going this so I would not walk and behave like a faggot. She told me to walk like a man. I was a child. The pain was unbearable.
Next to my grandparents’ home was my aunt’s home and her three sons. They physically abused me my entire growing up years. Their father told them that I was a faggot and that meant that they could torture me whenever they wanted to. I was so alone. I spent most of the time reading old newspapers. My grandparents weren’t very tender to me, either. On several occasions my grandmother asked me why I behaved like a faggot. I never answered here because I didn’t know what to say. I didn’t think I was doing anything wrong, just being myself.
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