Perú: Protest Discriminatory New Law to Ban Gay Police

The rights discriminated in this case include: the right to be free from discrimination, the right to equality, and the right to work.

The Issue

On May 12, 2009, the Peruvian Parliament adopted Law 29356, establishing a new disciplinary code for the Peruvian police. Article 34 of that code classifies offenses as minor, serious and very serious and assigns penalties accordingly. "Having sex with people of the same gender that cause scandal or undermine corporate image" is classified as a very serious offense with a penalty of discharge.

Take Action

The International Gay and Lesbian Human Rights Commission (IGLHRC) joins Movimiento Homosexual de Lima (MHOL) and requests that you send emails to the Ombudsman and Public Defender of Peru noting that Article 34 of Law 29356 infringes fundamental human rights, and asking her to file an Action of Unconstitutionality with the Constitutional Court to challenge the so-called “offense” of same-sex relations and its associated penalty.

Please send your letter to:

Dra. Beatriz Merino Lucero
Defensora del Pueblo / Ombudsman
Jr. Ucayali N° 388, Lima 1.
E-mail: bmerino@defensoria.gob.pe

Please send a copy of your letter to:

Fernando D'Elio / IGLHRC
fdelio@iglhrc.org
Giovanny Romero Infante / MHOL
gromero@mhol.org.pe

SAMPLE LETTER

Ms. Beatriz Merino Lucero
Defensora del Pueblo /Ombudsman

We write to express our concern over Law 29356, which establishes a new disciplinary code for the Peruvian police, and stipulates in Article 34 that it is a serious offense to “have sex with people of the same gender that the cause scandal or undermine corporate image.” The penalty for such actions is discharge.

As a signatory to international declarations and treaties it is Peru’s obligation to ensure that laws compromising human rights are repealed and that laws fostering human rights are promoted. This law is a clear violation of the Universal Declaration of Human Rights and the Covenant on Civil and Political Rights—both of which have been signed by Peru.
This regressive law also violates the Andean Charter, a regional treaty ratified by Peru in 2002. Article 52, Section F, of this charter recognizes that all people, regardless of their sexual orientation, are entitled to the same human rights. In Article 53, signatory states commit themselves to combating all forms of discrimination against individuals on account of their sexual orientation in accordance with national legislation. They also commit to paying special attention to the prevention and punishment of violence and discrimination against those whose sexual orientation differs from that of the majority, as well as to providing legal resources for effective remedy in instances of damage caused by such offenses

Finally, Law 29356 is inconsistent with human rights principles that are already codified in Peruvian law. In December 1, 2004, a new Constitutional Procedures Code, approved by parliament, modified constitutional procedures to recognize discrimination based on sexual orientation.

We request that you file an Action of Unconstitutionality with the Constitutional Court to challenge Article 34 of Law 29356, the new—and discriminatory—police disciplinary code. Peruvian authorities should respect and protect the rights of all citizens, regardless of sexual orientation, gender identity or gender expression.

We trust that you will give this issue the attention it deserves.

Sincerely,

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