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2023 was the most violent year in the last three for the LGBTQ+ community, according to the Lambda Violent Deaths Observatory. Amid an institutional and social crisis stemming from the non-recognition of the progressive Semilla party's victory in the elections, LGBTQ+ people continue to face attacks in the streets and on their rights.

In its report, “The Circle of Non-Problem,” the Observatory alludes to the link between the political crisis in Guatemala, the diversion of public resources that limits the institutional capacity to provide essential services such as health, employment, and education, and the bribery of public employees, which directly affects LGBTI+ people.

According to the latest Corruption Perceptions Index, compiled by Transparency International in 2022, Guatemala ranks 150th out of 180 countries. It is perceived as one of the most corrupt countries at the macro level.

During the first half of this year, the Lambda Association reports having provided legal counsel in 221 cases. Among them were 78 cases involving human rights violations. There were also 45 instances of support provided in public institutions. In addition, 37 cases were referred for name changes, the only legal action available to transgender people since there is no gender identity law in the country.

Of those consultations, 56 were registered in the justice institutions; 34 in the Public Ministry; 21 in the Human Rights Ombudsman's Office and one in the Ministry of Labor and Social Welfare.

At least 34 hate crimes

Diego Lima, coordinator of the Lambda Observatory for Violent Deaths, mentions that 20 homicides motivated by prejudice against LGBTIQ+ people were reported in the first half of the year. “This figure represents a 20% increase compared to the first half of 2022. This means that the first six months of 2023 have been the most violent compared to the last two years^homicideswere reported, making it the most violent year compared to 2021 and 2022.”

In total, the Observatory reported: 16 gay men murdered, 10 trans women, 5 bisexual men, and 3 lesbian women. It should be noted that at the time of consulting the Ministry of the Interior's website, disaggregated data regarding incidents involving sexual diversity was no longer available . Nor was there any related information in the last statistical report, which was generated in April 2022 on its ^digital platforms .

Lima also told Presentes that all hate crime cases this year remain in the "preparatory stage." This means the Public Prosecutor's Office is not yet investigating. The only exception is a case of lesbofemicide that is in the "intermediate stage" of investigation.

The only hope for the LGBTQ+ community lies with President-elect Bernardo Arévalo, given his progressive democratic leanings. They hope his administration will reinstate public policies that have been shelved since 2009.

The electoral context and the blows to democracy

Juan Pablo Hernández of the Visibles saw a different panorama in 2023 compared to previous years:

"During the election year, it was very difficult to make political and public advocacy efforts. Last year, the regressive agenda was backed by bill 5272 , and this year by bill 5940 (against transgender children), which fortunately has not advanced in Congress, but is a constant threat," she says.

Furthermore, the activist continues: “LGBT people were hardly even mentioned during the campaigns. And in the second round, we were used as an internal enemy, especially by the UNE party (National Unity of Hope, @SandraTorresGUA).”

"This year ends with this political situation, with a social and institutional crisis, in which our causes and struggles have had to focus their efforts on resisting attacks on democracy. This affects our work agenda, our programming, and what we had planned to do."

However, Hernández is eagerly anticipating the formation of President-elect Bernardo Arévalo's cabinet. "We hope that LGBTI+ public policies will be addressed and that so-called conversion therapies will be reviewed and prohibited."

Court rulings

A turning point in the justice system for LGBTQ+ people was the Tenth Criminal Court's conviction of the transphobic murderer of 23-year-old Nancy Sacul for "homicide with the aggravating circumstance of contempt for the victim."The judgeacknowledged that "the acts were motivated by prejudice, hatred, and rejection of trans women," marking a new beginning for LGBTQ+ justice in a system that has been slow and weakened by corruption in Guatemala.

A sentence was also handed down for the transfemicide of Andrea González, leader and president of Otrans Reinas de la Noche, who was murdered in 2021.

1 2023 Semiannual Report: The Circle of No Problem, Lambda, 2023.

2 2023 Semiannual Report: The Circle of No Problem, Lambda, 2023.

3 Statistical report of the Technical Secretariat of the National Security Council.