Peru: Congress approved the repeal of Decree Law 1323, which protected the LGBTI population

Congressmen from the Fuerza Popular, APRA and Alianza parties voted to repeal article 1 of decree 1323 that protects against gender violence and the LGBTI population.

Congress members from the Fuerza Popular, APRA, and Alianza parties voted to repeal Article 1 of Decree 1323, which protects the LGBTI population from gender-based violence. With 66 votes in favor and 29 against, the Peruvian Congress approved early this morning the partial repeal of Decree Law 1323 , which protected the LGBTI population from hate crimes and gender-based violence by increasing penalties for aggressors and murderers. The initiative came from the Fujimori (Fuerza Popular) and Alianza Para el Progreso (APP) blocs. However, the President of the Council of Ministers, Fernando Zavalaque, announced that a bill will be sent to Parliament next week for further discussion. "I regret that a legislative decree proposed by the Executive Branch, which was within its powers, was voted down," he said at a press conference.

"It's not the end"

For his part, Congressman Alberto de Belaunde told the press: “I deeply regret the decision made by Fuerza Popular. It represents a setback in the most significant advance the LGBT community had achieved in terms of rights protection in the country's history. It was extremely important,” the congressman stated in declarations to the newspaper. Peru 21He added that it is not the end of Legislative Decree 1323“I hope the Executive Branch will speak out. The law that repeals this decree must be observed so that this can return to Congress. We will debate this fundamental law again. We will demonstrate that we are on the right side of history.” Last month, the vote of ten congressmen Fujimoristas had managed to recommend this change. This generated a wave of condemnation from political parties, activists, and also from international organizations such as the United Nations and Amnesty International.
[READ ALSO:#PERU: Calls to protect the rights of LGBTI people against hate crimes]
“There is only one motive behind this and other maneuvers by Fujimorism to leave the lives of LGBT people unprotected: homophobia. This bloc, in alliance with other congressmen who subscribe to religious extremism, not only worked on the proposal to repeal the articles of Decree Law 1323 that sanctioned hate crimes against LGBT people; they also resort to last-minute tricks to achieve their objective: leaving only LGBT people unprotected. This is unconstitutional because it constitutes an act of discrimination,” he told Present Brenda Álvarez, lawyer for Promsex.
[READ ALSO: “Being a lesbian in Peru means your life is in danger”]
“This is indeed smuggling in a debate. Fujimorism is taking advantage of its majority, along with the Alliance for Progress, to expand the plenary session's agenda on the same day. What they really want is for the debate to go unnoticed in the media and on social networks, for the issue not to be discussed in the days leading up to it, because civil society already knows that homophobia is the sole reason behind this repeal,” Presentes activist Bruno Fernández De Córdova Jauregui
Legislative Decree 1323 was issued by the Executive Branch on January 6. It amended Article 46 of the Penal Code, which, after the change, stated: “Committing the crime motivated by intolerance or discrimination, such as origin, race, religion, sex, sexual orientation, gender identity, genetic factors, parentage, age, disability, language, ethnic and cultural identity, clothing, opinion, economic status, or any other factor, is considered an aggravating circumstance.”

#URGENT Popular Force, APRA, and Alliance for Progress are calling for a vote today on amendments to Decree Law 1323 and the annulment of hate crimes.@larepublica_pe pic.twitter.com/LHyxKso56g

— Carlos Aguilar Ávila (@aguilarcarlos7) May 4, 2017 ]]>

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