A bill seeks to criminalize discrimination against LGBT people in Guatemala.

It establishes penalties for discrimination based on sexual orientation and gender identity.

December 20, 2019

By Pilar Salazar

Illustration: Florencia Capella

This week, a bill to punish hate crimes was introduced in the Guatemalan Congress. It establishes penalties for discrimination based on sexual orientation and gender identity. This is the second attempt to reform Article 202bis of the Penal Code in a country where 18 hate crimes have already been recorded this year.

This time the strategic route is different and the initiative, presented by the deputies Karina Paz, Sandra Morán and Carlos Barreda, "aims to classify the conduct of discrimination in any area of the life of the LGBTIQ+ community, including work, education, health, justice, among others."

Paz stated that it is important to promote this reform so that the LGBTIQ+ community has legal protection, because although the Political Constitution of the Republic establishes the right to work, health, and education, in reality this sector of the population is discriminated against. The congresswoman concluded with a message to Guatemalan society: “ May we be a more tolerant and inclusive country, where we find peace and can dream that everyone enjoys the same rights.”

Marisa Batres, a feminist lawyer and member of the Visibles collective, explained to this publication the importance of this reform for human rights: “This reform addresses international commitments, because our State, in the exercise of its sovereignty, is part of an international human rights system. This system is made up of several committees that have specialized in different areas, to which Guatemala has adhered. Guatemala must constantly present its progress; however, according to the Committees' study, the need has emerged to expressly include 'sexual orientation and gender identity' as a form of discrimination, since Guatemala has demonstrated that it has not effectively guaranteed the right to equality and respect for the entire population.”

Batres believes that the LGBTIQ+ population is not protected by the State, for example due to the prejudices of officials in state entities.

Illegal entry

Early Thursday morning, the offices of "Asociación Somos," an organization whose community is primarily composed of gay men, were illegally raided. Marco Loarca, who was present at the initiative's launch, represented the organization. Loarca told Presentes that a computer and a briefcase containing supporting documents for the bill, such as complaints, letters, newspaper clippings, and the association's legal documents, were stolen.

Henry España, from the Office of the Ombudsman for Sexual Diversity, said that the National Civil Police, Udefegua (Unit for the Protection of Human Rights Defenders, Guatemala) and the Public Prosecutor's Office have begun investigations to establish what happened.

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