Monday 25 April 2011

Colombia: censorship, discrimination and corruption on LGBT issues in government

Denuncian homofobia en Colombia
Source: ILGA/Escuela de formación feminista

[Google translation]

The Attorney General's Office did not allow publication of all material generated for the defense of the rights of LGBTI people and especially failed to sign a draft circular to all the prosecution in which just reminded Principles Dignity, Equality and Discrimination, under the International Law of Human Rights (ILHR).

Since last year the Attorney General's Office of the Republic of Colombia, Alejandro Ordonez Maldonado, condemned the work rights Daniel Antonio Human Sastoque ahead Coronado, adviser of the Group of Sexual Minorities Ethnic Affairs and the Prosecutor for the Prevention in the Field of Human Rights and Ethnic Affairs in the implementation of Preventive Action No. 04 of 2010 "Strengthening the Role Preventive PGN on LGBTI population Rights (Lesbian, Gay, Bisexual, Transgender and Intersex)" and, contrary to the jurisprudence of the Constitutional Court of Colombia and the Colombian State's international obligations on human rights, assigned roles in the Ontario Regional Office in order to remove it from advocacy and defense of the rights of LGBTI people nationwide, arbitrary decision was not motivated because previous studies lacked the staffing to justify their removal.

The Attorney General's Office did not allow the publication on the website of the entity of all the material generated for the defense of the rights of LGBTI people and especially failed to sign a draft circular to all the Public Ministry ( municipal and district ombudsmen, Ombudsman and Attorney General's Office) in which just remember the principles of Dignity, Equality and Discrimination, n under International Law Human Rights (ILHR), the title also has the LGBTI population of all rights under the Constitution and Human Rights Instruments ratified and approved by the Colombian State and the obligation to comply with the Resolution on Human Rights Sexual Orientation and Gender Identity issued by the General Assembly of the Organization of American States (OAS).

Preventive work was also made to monitor public policies ensuring respect for the rights of LGBTI people, verify compliance with court decisions, especially the Constitutional Court and decisions of Courts and International Bodies on Human Rights have submitted comments and recommendations to the Colombian State on the grave situation of human rights of LGBTI people, as did the Office of the High Commissioner for Human Rights. The consultant prepared transferred the preparation of a report to the Human Rights Commission, taking into account the commitments made by the Colombian Attorney own in November 2009 before the International.

The decision to cut short Ordonez Maldonado, likewise, who advanced training to over 300 the servants of the Attorney nationally, which bothered the current modules administración of the Attorney General's Office for being openly anti- religious ideology evident in high-profile cases such as abortion and family formed by same-sex couples.

The current Attorney General's Office in 2003 published the same book twice with different name ("To the free development of our animality" and "The free development of personality or libertarian basis of the Constitutional Court") that recycle again 2007 in "The new law, the new world order and the cultural revolution," texts that openly express their homophobia, denial to the jurisprudence of the Colombian Constitutional Court, contends that international organizations like the UN, the OAS, UNESCO, UNICEF, UNDP, WHO, UNFPA and the International Criminal Court are part of an international legal network that goes against the nations, the traditional Catholic family and divine values, while repudiating the theory and studies gender and multiculturalism, all of them included in the Preventive Action No. 04 of 2010, which made the job untenable defense of rights of LGBTI people in advance for Daniel Antonio Sastoque Coronado.

This adviser also known allegations of serious human rights violations to LGBTI people as torture, extrajudicial killings, threats and forced displacement of homosexual and transgender people, but even the union's request the Attorney (SINTRAPROAN) nor the server have been treated censored and conversely from last year have been denied access to information and documents purporting to justify their removal.

This censorship is further evidence of the concern of the international community and human rights organizations by dismantling Ordonez Maldonado has specialized branches in Human Rights in the Attorney General's Office through the management of the staffing , the removal and relocation of servers and highly qualified in such matters, replacing inexperienced personnel and the interference of politicians and law enforcement in the state and the decisions of the Public Prosecutor in cases of great importance as executions court ("False positives"), illegal interception ("pikes") and other acts of corruption that marked the previous government ("Yidispolítica").

* Fight against corruption? ** * While the advisor is criticized human rights expert, has master's degree in the same area and is an expert in sexuality, gender and diversity, the Administration n Ordonez Maldonado hired a foreign to hold a workshop of two and a half days worth of three million five hundred thousand dollars ($ 3,500,000). The workshop, which took less than 10 people, did not meet the targets because the speaker had no knowledge and specific experience in the field and on the contrary, devoted to defending the thesis of the Attorney General's Office against abortion, planning family, parental rights, the protection of traditional family and the vindication of the honor, temperance, chastity, virginity, modesty, purity, modesty, cleanliness and innocence as "sexual virtues", while questioned the approach on the performance of teenage sexuality to be made on Caracol Radio.

In October 2010 at the Union of Attorney (SINTRAPROAN) and several media representatives, without any burning the Attorney General's Office recognized: * "I also asked Senators profiles ... that has become politicized because I can not accept So by what I say. Read too little to the viewer and with little objectivity what the Lord Attorney, then eventually I asked profiles to Congress itself, and waste a lot until you find someone with the required profile (...) "*. The Attorney General's Office was silent before the public request was made for the country to report what he was asking Congress Resumes and why. Later the Administration n refused to answer a substantive right of petition which called for such responses.

The repeated visits of Congress, especially members of the Senate, the facilities of the Attorney General's Office appear to be intended precisely to the defense of human rights but for reelection oriented Ordonez Maldonado. The movements of the plant personnel, protected by an abusive interpretation of discretion and the exercise of ius variandi * * do not correspond to the purposes of a social and democratic state of law. With its policy bureaucratic personnel management, the Attorney General's Office created a detriment to the heritage of the Colombian state since the resources of the public treasury and International Cooperation invested in personnel selection processes and training to perform their functions lost unjustified transfers of staff and the appointment of new interim ignoring the knowledge and experience of staff who have left the company. It is not hidden that the Attorney became the rung of the bureaucracy pensions politicians, with the severity of those who aspire to improve their pension will not have precisely the expertise and the vocation of public service that the country needs.

Many servers and serving in the state higher than the charges which are appointed, as is the case of a substance or a clerk serving the professional level or professional level advisory roles, or advisers and consultants who perform functions other than the same grade level. If there are vacancies necessarily the Administration n must satisfy the principle of "equal work, equal wages" incurred in the fundamental ILO Conventions and proceed to appoint provisional such servers and in those positions and only when there supplemented these needs there if you can have other vacancies. But what is shameful is that to meet political and bureaucratic quotas be appointed in senior positions to others, many of them inexperienced in specialized fields, and career staff continue to accrue under the assigned functions. Nor is it acceptable that to ensure that people performing the duty for which they were appointed were instructed to leave such personnel policies to develop the professional roles and functions assigned to them that deteriorate your profile and experience, having already performed complex tasks superior why are not paid or credited experience, having such places to do so. Concern is also that people who have spent several years in office tentativeness of them terminate it without waiting for their positions are occupied by people who after a public competitive merit legitimate access to it.

The existence of "links" of the security forces with full and permanent access to the facilities of the entity and the wave of referrals and disciplinary investigations returns to it, have destroyed the credibility of the management of the entity, as undermining their autonomy and independence.

To make matters worse, the resources of the state was built and endowed a "Oratorio" (meaning "hood") at the premises of the entity, which is stocked with Catholic images and rituals held in the same religion for some very few people, when many units of the Office do not have the minimal conditions for work
worthy, even having to subsidize many servers and service fees and work items to be financed by the state. The security office of the entity is "emblematic" the figure of a Knight Templar expressed in a particular box provided on the entry of this dependence and used in all official communications. Besides this, public open spaces such as the Auditorium Antonio Nariño and Courtroom are displayed crucifixes.

The Labor Division of the Superior Court of Bogota and the Labour Division of the Supreme Court refused at first and second instances, respectively, the Protection Action (Action under Fundamental Rights) without studying in depth the arguments. Applying the criteria for the selection of guardianship, the Colombian Constitutional Court finally chose Action for review by the consultant Daniel Antonio Sastoque Coronado and is expected in the coming months to fail.

In the fight against censorship, for the fight against corruption and the protection of public property: To account to the Attorney General's Office of Colombia through the mail: complaints @ Attorney. Gov.co and insist on an answer.

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