Ambassadors of Colombia, Spain, Mexico and Germany to SA
This day of commemoration serves two purposes. Firstly, to honour the memory of victims of violence and discrimination based on their sexual orientation and gender identity. Secondly, this day gives us the opportunity to reflect on where there still are shortcomings in the protection of the rights of LGBTQI+ (Lesbian, gay, bi-, trans- intersexual, queer) persons and to show solidarity with those who are not yet able to fully enjoy their rights.
At the end of last year, Colombia and Spain took over the co-chairship of the Equal Rights Coalition (ERC) from Germany and Mexico who enjoyed this privilege for the past two years.
The ERC comprises 45 member states and a global network of civil society organisations. All actors are bound together by the dedication to the protection of the rights of LGBTQI+ persons.
On the occasion of IDAHOBIT, we, the Ambassadors of Colombia, Spain, Mexico and Germany to South Africa, would like to highlight the situation of the LGBTQI+ communities worldwide.
Criminalised
The United Nations have repeatedly confirmed that discrimination based on a person's sexual orientation, gender identity and sex characteristics is a violation of international human rights law. However, over 64 countries worldwide criminalise adult same-sex relationships. In eight of them, same-sex relations are even punishable by death.
Often, cultural reasons are brought forward as an argument. It is the essence of the universality of human rights, however, that each and every human being is endowed with equal human rights simply by virtue of being human – regardless of the country they live in and regardless of their personal status or any particular individual characteristics.
After overcoming apartheid, South Africa took a very progressive path to become a regional and global role model in terms of human rights.
The Constitution was the world's first to outlaw discrimination based on sexual orientation. At the time, South Africa was only the fifth country in the world to legalise same sex marriage. South Africa later launched the first-ever resolution in the UN against discrimination based on sexual orientation, together with Brazil.
READ | Ghana pushes anti-LGBTQ+ bill as defence of 'family values'
South African NGOs have been participating actively in the ERC for many years and Deputy Minister Steve Letsike joined the ERC conference in Berlin in December last year. In the region also Angola, Botswana, Mozambique, Lesotho, Seychelles and Mauritius have decriminalised same-sex relationship.
Colombia, Spain, Mexico and Germany have progressed in their LGBTQI+ legislations in the past 20 years. LGBTQI+ persons in Colombia benefitted from significant legislation promoting and protecting their rights including laws against discrimination, same sex marriage, legal change of gender, adoption and specific inclusion on the Peace Accord 2016.
Spain recently passed 'Law 4/2023' for the real and effective equality of trans people and for the guarantee of the rights of LGBTQI+ community. This law guarantees that sexual orientation and identity, gender expression, sexual characteristics, and family diversity can be lived in full freedom.
Progress in Mexico
One of the most significant milestones for Mexico in the field of human rights was the constitutional reform of June 2011, which created a new legal culture, centered on the dignity of all people, without distinction of any kind, including sexual orientation and gender identity.
Mexico has made significant progress in protecting the rights of LGBTQI+ people, including the legalisation of same-sex marriage nationwide, the adoption of gender identity laws in several states, and the prohibition of the conversion therapies, providing, among others, visibility and access to healthcare, education, and employment, to the LGBTQI+ community.
Very recently on 1 November 2024, Germany's Self-Determination Act came into force. The law makes it easy for transgender, intersex and non-binary people in Germany to have their gender entry and first name changed by simply making a declaration at the local civil registry office.
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The legal situation in all our countries, however, sometimes stands in stark contrast with the reality experienced by our fellow citizens. Societal acceptance is still lagging behind the legal status. LGBTQI+ persons still suffer often from homophobic violence, such as 'corrective rape' on lesbians.
Globally, we observe discrimination, hatred, high rates of intense violence, even murder. This goes along with high rates of HIV and Aids, societal stigmatisation and a lack of public health education. All of these problems demand joint global action across continents.
The Equal Rights Coalition (ERC) was formed for exactly this reason in 2016. In thematic groups, the ERC works closely with civil society as well as with stakeholders on different governance levels and sectors.
As current co-chairs, Colombia and Spain want to pursue five priorities:
1. Decriminalisation of homosexuality;
2. Dismantling of conversion therapies for LGBTQI+ people;
3. Defence of the rights of trans and intersex people;
4. Combating hate speech against the LGBTQI+ populations;
5. Sharing experiences and good practices.
Our four countries are proud to have a champion of LGBTQI+ rights like South Africa at our side. We invite the South African society to join our efforts in working towards a world where every nation recognises, promotes and protects the human rights of LGBTQI+ persons and therefore renew our standing invitation to the government to become a full member of the ERC.
Together, we can learn from each other how to best address the ongoing challenges and strive for the inherent dignity of all persons, without distinction.
- Maria Del Rosario Mina Rojas, Colombian Ambassador to South Africa, José Manuel Pascual Garcia Ambassador Designate of Spain to South Africa, Sara Valdés Bolaño, Mexican Ambassador to South Africa, and Andreas Peschke, German Ambassador to South Africa.
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