New York / Lima:

Parliamentarians for Global Action (PGA) regrets that the Constitution and Regulations Committee of the Congress of the Republic of Peru approved, on April 4, the repeal of Legislative Decree No. 1323, which, among other measures, incorporates into the Peruvian Criminal Code sexual orientation and gender identity as expressly prohibited categories of discrimination and as aggravating circumstances in crimes, and urges Congress in its plenary session, where the validity of such repeal will be determined, to defend and maintain the legal protections.

Legislative Decree No. 1323, published in the Official Gazette El Peruano on January 6, 2017, through an amendment to article 323 of the Penal Code on discrimination and incitement to discrimination, included for the first time in the legal system of the Republic of Peru sexual orientation and gender identity as prohibited grounds of discrimination.

Furthermore, the Decree provides a more severe punishment of hate crimes committed against lesbian, gay, bisexual, trans and intersex (LGBTI) persons, adding sexual orientation and gender identity among the aggravating circumstances in article 46 of the Criminal Code.

“Legislative Decree No. 1323 is a legal mechanism for judicial operators to effectively punish crimes and discrimination against LGBTI persons in Peru. The attitude of the congresswomen and congressmen who voted for its repeal is outrageous, because it takes a step back in a context of deep vulnerability of the LGBTI community in our country,” said Liliana Huaraca, director of the civil society organization Más Igualdad Perú (More Equality Peru).

Legislative Decree No. 1323 also created a specific offense to punish certain acts of violence against women and members of the family group that were previously considered misdemeanors, improved the aggravating circumstances of the crime of feminicide and created the crime of sexual exploitation, among other advancements that are now at risk, given the recent decision of the Congressional Constitution Committee.

Therefore, we urge Congress members, in accordance with the regional and international human rights commitments that the Republic of Peru has assumed, to prioritize the safeguarding of the physical security of its citizens, especially of the most vulnerable groups such as LGBTI people and women, among others, as well as the defense and protection of the human rights of all people, without discrimination on any basis, including sexual orientation and gender identity.

About PGA
Parliamentarians for Global Action is an international network of more than 1,400 legislators in 143 parliaments around the world that informs and mobilizes parliamentarians on the rule of law, human rights, democracy, non-discrimination and gender equality. In 2013, PGA launched a Campaign Against Discrimination based on Sexual Orientation and Gender Identity (SOGI) (SOGI Campaign) with the aim of sensitizing parliamentarians on the principles of equality and non-discrimination in international human rights law and to advance protection measures and legislative reforms to prevent and eliminate stigma, discrimination and violence against the LGBTI community.

On behalf of Parliamentarians for Global Action:
Dip. Margarita Stolbizer, President of PGA, Congress of the Republic of Argentina
Dip. Ronny Monge, Co-Convenor of Gender, Equality and Population Program, Legislative Assembly of Costa Rica