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Brazil: Update to BRA31399.E of 15 March 1999 on the treatment of homosexuals, particularly lesbians

Only one report which specifically mentions lesbians, rather than homosexuals in general, could be found among the sources consulted by the Research Directorate. The Weekly News Update cites the following information from a report by the Gay Group of Bahia: of the 299 "anti-gay" attacks in Brazil during 1999 and 2000, 67 per cent targeted gay men, 30 per cent targeted transvestites or transsexuals, and 3 per cent targeted lesbians (13 May 2001).

In April 2002, the gay-rights group referred to above released a report entitled Cause of Death: Homophobia which details "hate crimes" targeting gays, lesbians and transsexuals throughout 2001 (UPI 23 Apr. 2002). According to the report, "132 homosexuals were killed in 2001 during violent acts targeting gays" (ibid.). The report, as quoted in the UPI article, also states that, between 1980 and 2001, "2,092 gays... were killed in hate crimes, an average of 104 deaths a year" which, according to the authors of the report, is the highest rate in the world "by far" (ibid.). The state of San Paulo "ranks the highest with 24 reported killings" and, according to the report, Pernambuco state and Brasilia, the country's federal district, "are the most dangerous places for gays" reporting the highest number of killings per capita (ibid.). UPI notes that the statistics cited in the Grupo Gay de Bahia report were compiled from police reports and newspaper accounts (ibid.).

In 2000, Luis Mott, the president of the group which published the report referred to above, is quoted as stating that "there's impunity for killing homosexuals in Brazil" (The Toronto Star 20 Oct. 2000). Citing Mott's statistics, the article reports that, of the 1,831 homosexuals murdered in Brazil in "the last ten years", only 8 per cent of cases have been prosecuted (ibid.), while Human Rights Watch states that "less than 10 per cent of such crimes are successfully prosecuted in the courts" (2002).

Following a 4 February 2000 attack on a gay couple in Sao Paulo, which resulted in the death of one of the men, 18 members of a "skinhead group" were arrested (Weekly News Update 14 Feb. 2000). Latinamerica Press reported that, on 14 February 2001, two of the individuals involved in this murder, Jose Nilson Pereira da Silva and Juliano Filipini Sabino, were convicted and sentenced to 21years in prison (LP 8 Oct. 2001). Although Human Rights Watch refers to the successful prosecution of sexual hate crimes (2002), Latinamerica Press states that the decision "marked the first conviction in Brazil for a sexual hate crime" (8 Oct. 2001). Human Rights Watch, in its World Report 2002, writes that in this particular case, "a third suspect was acquitted of the murder but convicted of assault" and a fourth was "sentenced to three years and four months in prison for attempted murder" (2002).

In regard to the legal recognition of the rights of homosexuals in Brazil, in January 2002, Inter Press Service (IPS) reported that a juvenile court judge had awarded custody of an eight-year old boy to his deceased father's long-time partner (14 Jan. 2002). The article notes that "Brazilian law does not recognize same-sex marriages or domestic partnerships" and that this was the first time a court had recognized the "right of a homosexual's partner to custody of their child" (ibid.). On 14 January 2002, IPS also reported that another recent court decision had directed the social security system to continue pension payments to "the surviving partner of a deceased homosexual" (ibid.).

According to the 9 June 2002 Weekly News Update, a proposed law to legalize same sex marriages, initially introduced in the House of Representatives six year ago, continued to provoke controversy. Information on the most recent status of this law could not be found among the sources consulted by the Research Directorate.

Regarding mechanisms in place to protect and promote the rights of the gay community, Latinamerica Press reported that, in December 2000, the Justice Ministry opened an office in Brasilia "to promote gay rights nationwide" (8 Oct. 2001). The office consisted of "representatives of gay rights groups and government and legislative offices" (ibid.). More detailed information on the function or mandate of the office is not provided. EFE also reported that in October 2001, a non-governmental organization opened Brazil's first gay ombudsman office with the financial support of the Justice Ministry (29 Oct. 2001). The office is located in Sao Paulo and was to be run by three attorneys who will "offer free legal advice to homosexuals who are the victims of discrimination and violence" (ibid.). The article also reported that similar offices were to be opened in Brasilia, Recife, Rio de Janeiro and Vitoria, however no reports of these offices functioning could be found among the sources consulted by the Research Directorate.

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. Please find below the list of additional sources consulted in researching this Information Request.

References

Human Rights Watch (HRW). 2002. World Report 2002. "Brazil." <http://www.hrw.org/wr2k2/americas2.html> [Accessed 19 Aug. 2002]

EFE News Service. 29 October 2001. "Brazil-Homosexuals First Ombudsman's Office for Gays Opens in Brazil." (NEXIS)

Inter Press Service (IPS). 14 January 2002. "Rights-Brazil: Courts Start to Recognize Same-Sex Couples." (NEXIS)

Latinamerica Press (LP). 8 October 2001. "Hate-Crime Convict a First."

The Toronto Star. 20 October 2000. "Gay-Bashing Widespread in Macho Brazil." (NEXIS)

United Press International (UPI). 23 April 2002. "Report: Brazil a Leader in Gay Hate Crimes." (NEXIS)

Weekly News Update on the Americas, Nicaragua Solidarity Network of Greater New York [New York]. 9 June 2002. Issue 645. "Brazil: Hugh Pride March in Sao Paulo."

_____. 13 May 2001. Issue 589. "Brazil: Three Dead in Anti-Gay Attack."

_____. 14 February 2000. Issue 524. "Brazil: Skinheads Murder Gay Man in Sao Paulo."

Additional Sources Consulted

IRB Databases

World News Connection (WNC)

Internet sites including:

Amnesty International

Derechos-Human Rights

Gay Today

Inter-American Commission on Human Rights

International Gay and Lesbian Human Rights Commission

International Gay and Lesbian Review

International Lesbian and Gay Association (ILGA)

Latin American Network Information Centre (LANIC)

Topics: Women, Lesbians, Homosexuals,