Brazil: Update to BRA22861.E of 25 January 1996 on the situation of homosexuals

In terms of the legal framework protecting homosexuals in Brazil, the Chicago Tribune stated that 74 Brazilian cities, including Rio de Janeiro, have laws protecting homosexuals from discrimination on the basis of sexual orientation (4 Apr. 1997). However, Brazil has no national anti-discrimination law for homosexuals and "enforcement of local laws is sketchy" (ibid.).

In reference to a national law protecting homosexual rights, an International Gay and Lesbian Human Rights Commission (IGLHRC) Action Alert stated that a bill proposing the legalization of civil unions for same-sex couples had been placed in special parliamentary commission (May 1996). The bill proposed included "the registration of same-sex partnerships, including rights of inheritance, social security benefits and pensions, rights of dependents of civil servants and naturalisation of foreigners living with Brazilian citizens" (ibid.). However, the vote on the bill had been stalled in the country's parliament when activists and deputies in favour of bill realized they did not have the necessary support to pass the bill (Action Alert June 1997). According to Luiz Mott, leader of the Gay Group of Bahia (GGB), conservative legislators weakened the original bill by reducing it from a "civil union contract" to a "registered civil partnership" that would eliminate same-sex couples' marital and family status and their right to adopt children (IPS 2 July 1997). By March 1998, the bill on registered partnerships for same-sex couples was facing staunch opposition by evangelical and Catholic deputies in Brazil's parliament (Alert Action Mar. 1998). No report on whether the bill has passed could be found among the sources consulted by the Research Directorate.

The situation of homosexuals is reported in a number of other articles.

For example, in February 1996, IPS reported that the Forum of Gay Men, Lesbians and Transvestites in Politics was formed to field 15 pre-candidates for the October 1996 municipal elections (14 Feb. 1996). The political platform included  "approve laws against discrimination for sexual orientation, combat violence and social inequalities, create Citizen and Human Rights councils, encourage sex education and programs to control sexually transmitted diseases" (ibid.).

In October 1996, two gay rights groups, ATOBA and June 28, protested in front of a well-know military monument in Rio de Janeiro, when a military officer "lost his command" after he was found engaging in sexual acts with another man (Reuters 14 Oct. 1996). The groups stated that article 235 of the military code was used "to punish and discriminate against gays in the military" and that they were sending a proposal to the Brazilian parliament to have the military code modified (ibid.).

In the Chicago Tribune article, Veriano Terto Jr., project coordinator for the Brazilian Interdisciplinary AIDS Association (ABIA), summarized the problem facing homosexuals as follows :

Brazil is a very tolerant country but also a very hypocritical one... Homosexuality here is something exotic, and it's tolerated if it remains that...It's when an average-looking guy who pays taxes falls in love with another average guy that there's a problem. 

The article also stated that "flamboyant homosexuality is widely accepted, with drag queens and transvestites greeted with smiles in public. It's the 'average' homosexuals who are viewed as a threat." Despite these statements, Raimundo Pereira, vice-president of the Rio Gay Emancipation Movement (ATOBA), was cited in this article as saying that "this [Brazil] is one of the more open places for homosexuality in South America. It's better here than in some U.S. states."

The Christian Science Monitor states there are anti-homosexual hit squads, two of which are called Al Koran and Black Horsemen, who have targeted mostly transvestite prostitutes soliciting clients on the streets in recent years (7 Dec. 1998).

Some reports provide statistics on the number of homosexuals murdered in Brazil in the last couple of years.

For example, in The Fresno Bee, Luiz Mott, GGB leader, stated that one homosexual was murdered every three days in Brazil (8 Jan. 1997). Mott also reported that 126 gays were killed in 1996, up from 99 murders the previous year. The GGB obtained this figure by monitoring national media reports (ibid.). The Washington Times reported that the Human Rights Commission of the Chamber of Deputies in Brazil received 361 reports of mistreatment of homosexuals, including death threats, torture and killings, for the period between 1 January and 30 November 1997 (10 Mar. 1998). In the 7 December 1998 Christian Science Monitor report, the GGB stated that 112 homosexuals, primarily gay men, were killed in 1997 and that 78 were killed in 1998 so far. Since 1980, the GGB has calculated that over 1,500 homosexuals, including gays, lesbians and transvestites, have been murdered in Brazil (ibid.).

The GGB stated in June 1997 that 25 per cent of the killers of homosexuals were police officers and that 20 per cent were male prostitutes (AFP 30 June 1997). Again in December 1998, it was reported that police and male prostitutes were complicit in the murder of homosexuals (The Christian Science Monitor 7 Dec. 1998). In the AFP report, Mott stated that "only 10 per cent of gay killings are investigated and most of those arrested are acquitted on grounds of legitimate defence of their honor." The Chicago Tribune reported in April 1997 that in some cases, "police simply look the other way when confronted with crimes against homosexuals" (4 Apr. 1997). According to an Action Alert, the GGB "has documented the murders of 1,600 homosexuals from 1980 to 1997, out of which only 5 per cent have resulted in trials" (Nov. 1998). The Research Directorate was unable to corroborate the numbers provided by the GGB through other sources.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Action Alert. November 1998. "Policemen Allegedly Execute Transvestite in Brazil." [Internet] [Accessed 15 Mar. 1999]

_____. March 1998. "Gay Man Wins Property Rights Case in Brazilian High Court." [Internet] [Accessed 15 Mar. 1999]

_____. June 1997. "Urgent Request for Letters of Support for Brazilian Registered Partnership Bill." [Internet] [Accessed 15 Mar. 1999]

_____. March 1996. "Same Sex Partnership Bill Advances in Brazilian Parliament." [Internet] [Accessed 15 Mar. 1999]

Agence France Presse (AFP). 30 June 1997. "Brazil Holds International Record for Gay Killings: Group." (NEXIS)

Chicago Tribune. 4 April 1997. Laurie Goering. "Violence Against Gay Brazilians Comes Out in Open." (NEXIS)

The Christian Science Monitor [Boston]. 7 December 1998. Jack Epstein. "Why Brazil's Homosexuals Find Asylum in the US." (NEXIS)

The Fresno Bee. 8 January 1997. "Mexican Blast Death Toll Rises." (NEXIS)

Inter Press Service (IPS). 2 July 1997. Mario Osava. "Brazil-Rights: Homosexuals Fight for Survival and Right to Marry." (NEXIS)

_____. 14 February 1996. Mario Osava. "Brazil: Homosexuals Fight for their Electoral Rights." (NEXIS)

Reuters. 14 October 1996. "Brazil Gay Protest Prompts Military Muscle Flexing." (NEXIS)

The Washington Times. 10 March 1998. "Brazilian Panel Finds Cops in Death Squad." (NEXIS)