Status of Secularism in Colombia 2010-2017 (Book) by BogotaAtea

Status of Secularism in Colombia

STATUS OF SECULARISM IN COLOMBIA 2010 - 2017 Report

Non-governmental organisation working for the separation of church and state as well as the encouragement of critical thinking and reasoning.

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Status of Secularism in Colombia.

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Research and texts: Ferney Yesyd Rodríguez Vargas Collaborator: Diego Alejandro León Marín Copy-Editing (Spanish Edition): Carlos Arturo Serrano Translation: A+ Translations Layout: Dados Group Suggested citation: Bogotá Atea: Rodríguez, F. Status of Secularism in Colombia. 2010-2017 Report (Bogotá: Atheist Bogotá, December 2017). This report is available in PDF for its download. It can be obtained via bogota.ateos.co or per request at the following email address: bogota@ateos.co

This report had the support of the International Humanist and Ethical Union (IHEU).

Status of Secularism in Colombia

INDEX Foreword by IHEU Growth and Development Officer.

Preface by the Author.

Chapter 1 Basic concepts.

Chapter 2 Public understanding of the concept of secularism.

Chapter 3 Legal stance of secularism in Colombia.

Chapter 4 Secularism and participation of churches in party politics.

Chapter 5 Secularism, religious acts and symbols in public institutions.

Chapter 6 Secularism and public resources. 48 Chapter 7 Secularism and education.

Chapter 8 Secularism and freedom of speech.

Chapter 9 Secularism and political debates.

Chapter 10 Secularism and reproductive rights.

Chapter 11 Secularism and LGBTI rights. 84 Chapter 12 Secularism and euthanasia.

Chapter 13 Secularism and respect from churches to environmental, urbanistic and public space regulations. 103 Chapter 14 Conclusions and recommendations.

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Bibliography 118

Status of Secularism in Colombia

Foreword by IHEU Growth and Development Officer

Giovanni Gaetani

Growth and Development Officer at IHEU

The concept of secularism - with lower case - is quite a simple one, but it has been abused and misinterpreted all over the world. Oftentimes, and rather erroneously, its detractors mistake secularism for anticlericalism or some sort of atheism which is hostile to all religions. Secularism is not that, in any way. Precisely one of the aims of our organisation, the International Humanist and Ethical Union (IHEU)1 is that of promoting secularism in its genuine meaning and in all its importance, as emphasised in the Oxford Declaration on Freedom of Thought and Expression2 which took place in 2014. It is worth pointing out yet again that secularism is neither a faith nor an exclusive feature of nonbelievers. On the contrary, it is a political position which allows everybody to live together in our multi-cultural and multi-confessional societies, observing the right to have religious beliefs, including the right for atheist, humanist, agnostic and all non-religious individuals. Societies where secularism is not recognised and respected as a shared value are often those where there is sizeable discrimination towards non-believers and members of minority religions, as further evidenced year after year in our Freedom of Thought Report3, which shall be officially presented on the 5th December before the European Parliament in Brussels. In its section on Colombia, our report shows how Colombian secularism is firm in its legal stance but feeble in its practice. In fact, even though secularism is formally acknowledged in the Constitution, there are plenty of evident violations to secularism in the country:

http://iheu.org/about/about-iheu/

http://iheu.org/oxford-declaration-on-freedom-of-thought-and-expression/

http://freethoughtreport.com 5

Status of Secularism in Colombia

The Catholic Church keeps its privileged position with financial support: see the case of Pope Francis’ visit, which cost the Colombian State US$1.3 millions. In State-subsidised public schools religious education is still present and even though it is optional there are no secular or humanist alternatives. Last but not least, freedom of thought and speech is limited in many levels including religious, as in the case of Minister of Health Alejandro Gaviria, who outed himself as an atheist eliciting considerable outrage from public opinion leaders. For this reason we strongly support the labour made by IHEU members Bogotá Atea (Atheist Bogotá) by putting together this report ‘Status of Secularism in Colombia’, which will doubtlessly be swiftly integrated to our Freedom of Thought Report. The international humanist movement needs organisations like this one, which, working on a national scale, sets an example to all other groups promoting and defending secularism in their respective countries all around the world.

Giovanni Gaetani

Growth and Development Officer at IHEU

Status of Secularism in Colombia

Preface by the Author

State secularism in Colombia was indirectly established in the Constitution of 1991, which does not mention the secular nature of the State but it does imply it and that is why the Constitutional Court had to explicitly declare Colombia as a Secular State via Sentence C-350/94. Secularism consists in separating political and religious or ecclesiastical powers when it comes to putting into practice the State roles and functions, thus prohibiting religious matters from interfering with the government and vice-versa. This implies the Colombian State not to adhere to any religious denomination or creed whatsoever, and to remain neutral regarding each and everyone of the worldâ&#x20AC;&#x2122;s spiritual cosmovisions including the lack thereof. It also implies that, whenever performing its tasks, the State must be equitative before any religious or spiritual practice or their deliberate absence. A State is confessional when it is its own constitutional politics to expressly be attached to a specific religious creed. In view of the above, Colombia is a Secular State, non-confessional and with some secular political practices derived from the Christian/Catholic view of the world and society. There is, however, a strong tendency for state functions to favour a Christian Theocracy. When state secularism is not overlooked or unknown, it is intentionally breached by a number of public officers who abuse their positions of power to impose their particular religious practices directing public funds towards rites and cults rather than towards pressing matters such as health, education or the environment. A heightened risk thus emerges for the little steps taken with the 1991 Constitution to yield to a political retreat towards a state which may become more openly theocratic. The chief purpose of publishing â&#x20AC;&#x2DC;Status of Secularism in Colombia (2010 - 2017)â&#x20AC;&#x2122; is to compile in a single instrument all the available information related to the church/state separation stage in Colombia. This publication aims at providing precise and trustworthy reference sources to researchers, journalists, defenders of secularism and human rights, agencies, organisations, institutions and affiliates. This is the first report on the matter made in this country, which is why there is a deliberate intent to present the best coverage related to the separation of church and state and how it materialises in the following aspects: legal status of Secularism, political participation of churches, political debates, religious imagery in public institutions, public resources, freedom of speech, education and SRHR. In all of those aspects, secularism has permeated in different extents, with instances of progress and setbacks alike. In order to accurately analyse such a phenomenon, a grid has been put forward assessing each aspect in four categories: critical, deficient, fair and firm, each with a scoring range which will allow for yearly results to be compared and to rate different national territories in the region. Out of 50 possible points, a state is deemed fair between 36 and 45, deficient between 13 and 35 and critical between 0 and 12.

Status of Secularism in Colombia

Table 1. Assessment Criteria for Secularism Status

Status of Secularism in Colombia

Chapter 1 Key Basic Concepts In order to accurately grasp what secularism and Secular State are it is necessary to understand an assortment of key concepts, the most important of which shall now be presented with some clarifications aimed at preventing some of the most common misconstructions.

Secularism Miguel Fernández Sañudo’s Basic Secularism Glossary defines it thusly: ‘Secularism refers to the characteristic quality of the Secular State. Secularism is the Democratic State by-law protecting Freedom of Conscience for every single individual, legislating and being applied to every different person, therefore allowing them all to live in equality and utmost freedom. The State must not interfere in consciences, for which secularism is required as its emancipated condition from any positioning, belief or particular conviction whatsoever. This is not merely a footnote to the Democratic State, but an essential aspect and quality of it. Secularism acknowledges two principles: the presence of a by-law distinguishing the Public scope of common rights and public goods and services from its Private counterpart which refers to free will and freedom of conscience as much as it is legally admissible; and that fundamental rights belong to individuals rather than abstract ideas, collectivities or organisations they represent. An ethical value: citizen equality in the Public Milieu. ‘The right to be different without difference of rights.’ Secularism becomes instrumental in contemporary pluralist societies. This fundamental concept is defined by García (2013) as follows: ‘Secularism fundamentally involves separation of Church and State, which is why its main elements are not establishing an official religion and, more to the point, neutrality from State institutions rather than adhering to any religious confession whatsoever’ (p. 14). Blancarte (2008) defines secularism as ‘a social cohabitation regime, whose political institutions are chiefly legitimised by popular sovereignty and not by religious elements’ (p. 13). For Professor of Philosophy César Tejedor, secularism is a state condition which ‘guarantees the safeguarding of freedom of conscience and equality for everybody, regardless of their conscience, gender, sexual orientation or physical condition; it therefore constitutes a sine qua non condition of every genuine democracy.’ Since 2005 there have been talks of ‘negative’ and ‘positive’ secularism. The term ‘positive secularism’ was used by Pope Benedict XVI in a letter to the Italian President of Congress, Marcello Pera. Benedict regarded ‘positive secularism’ as freedom of religion but retaining privileges for majority churches or confessions, including but not limited to the opportunity to intervene in politics and keeping religious education in public schools. This term became popular after having been used by French President Nicolas Sarközy when said pope visited France in 2008.

Status of Secularism in Colombia

Secular A State is Secular when it expressly refrains from acknowledging any religion as official and does not give any preference to one over the others. In order to establish whether a law or regulation conforms to secularism there is the notorious ‘Lemon Test’ which dictates state regulations must fulfil three requirements not to violate church/state separation: 1) its aim must be secular, 2) its main effect must not be inhibiting or encouraging religion, and 3) it must not generate any excessive connexion between religion and the government.

‘Respect to the Secular State. Don’t let churches’ precepts affect my rights’ banner. LGBT pride parade in Bogotá. 2nd of July 2017.

The term ‘secular fundamentalist’ has been used by religious individuals who deem it extreme to ask for separation of church and state. Secularism cannot be, by definition, fundamentalist in any way. Political Secularism Even though secularism aims at effectively separating state from all faiths and denominations, it does not follow that secularism equals atheism, as the intended Secular State is neutral before all churches and also before atheism. While most Secular State promoters have been atheists, it cannot be emphasised enough that secularism is not atheism, no matter how many church lobbyists intend to merge both terms when pushing their agendas forward. Within a free society there is room for religious beliefs as a right of the citizens who adhere to them, but not as a committal which ought to be imposed to anyone. Secularism is breached when clergymen or politicians who happen to be affiliated to specific denominations mean to turn their own dogmata into social obligations for other citizens or for the entirety of the population, whether they share those creeds or not. Secularism does not intend to be anti-religious; it does not seek religions to be outlawed as seen in the Soviet Union or North Korea, as that would contest the freedom of conscience principle, which is essential for the secularist thinking. 13

Status of Secularism in Colombia

Javier Garisoain, Secretary General of the Traditionalist Carlist Communion, a Spanish Catholic-Monarchic group, presents another example of conceptual distortion regarding secularism: ‘Secularism is not being governed by the laypeople1, which is what us Carlists wish for, but being governed by atheists.’ This statement shows how many clergymen twist the term. Secularism is not focused on establishing an atheist government but on denouncing laws obstructing individual liberties and/or separation of church and state. Secular Europe considers there are four secular principles: freedom of conscience, separation of church and state, equality for all citizens, and seeking the common good as the only reason for the State to be.

‘Religious Neutrality is Equality. Public institutions without religious symbols.’ Vigil at the Colombian Constitutional Court, 2016. Equality for all citizens is a principle of secularism.

By developing these four basic principles, early 21st century secularism has found some causes to be directly linked to defending secularism such as SRHR, denying tax exemption and state subsidy to the churches and their officials, withdrawing religious imagery and temples from public institutions, suppressing religion from public schools, advocating for voluntary euthanasia, assisted reproduction, stem-cell research and the need to contend pseudoscientific concepts such as creationism to be taught in public schools, outlawing dietary or clothing impositions as well as sexual segregation, etc. Secularism, by having the task of publicly supporting the guarantee of individual liberties and ensuring a Secular State to be feasible, must be known and defended by human rights activists, including those who campaign for SRHR.

In the Spanish language, there is a distinction between ‘lay’ and ‘secular’, which are sometimes used interchangeably, hence the incidental case of polysemy. 2 Since the overwhelming majority of the Colombian population is monolingual and has Spanish as their mother tongue, the definition of the word in that language is key to accurately understanding its influence in that particular territory. 14

Status of Secularism in Colombia

Religion The Royal Spanish Academy2 defines it as ‘set of beliefs and dogmata regarding divinity and how it is worshipped and feared, as well as moral regulations for individual behaviour, and ritual practices, particularly prayer and sacrifice for glorification purposes.’ The concept has been further explored by experts at different disciplines. American sociologist Gerhard Lenski (1961) defined it as ‘a shared system of beliefs and associated practices, articulated around the nature of forces which set up the fate of human beings.’ American anthropologist Clifford Geertz (1973) proposed an alternative definition: ‘Religion is a system of symbols acting to establish vigorous, piercing and lasting moods and motivations in men, prescribing conceptions of a general order of existence and coating said conceptions in a halo of effectiveness so that the aforementioned moods and motivations seem to be of a sole realism.’ This definition understands ‘symbols’ as tangible formulations of experiences in ideas, attitudes, judgements, desires and beliefs. On his part, American science philosopher and writer Daniel Dennett (2006) defined it as ‘social systems whose participants confess to believe in one or more supernatural instances whose approval must be sought.’ For a non-exhaustive classification of the major Christian denominations in Latin America the following table is presented:

Status of Secularism in Colombia

Clericalism Miguel Fernández Sañudo’s Basic Secularism Glossary defines it thusly: Clericalism is the ‘excessive influence by clergymen on political or social matters of a State.’ It endorses the dominance or any other degree of interference in public institutions with religious motives. Clericalism aims at: obtaining dominance of public institutions by religious hierarchies; for their dogmata and interpretations thereof to be the State principles; for their moral regulations to be established as laws for virtue-sin to be equalled to legality-illegality; and obtaining benefits regarding status, finances and all other sorts for clergymen and their followers. It represents a misappropriation of public goods or domains and discrimination and imposition from the clergy to all citizens; in the case hereby mentioned, it especially violates people’s freedom of conscience. This practice of meddling and obtaining public funds is still performed by clergymen in their own niches, but chiefly bishops and on another level the Pope. These interventions of the Catholic hierarchy refer mostly to sexual morality, family, their intromission in public schools, the imposition of their symbols in public venues and events and the excessive financing with public funds as well as other monetary advantages. There are other clergymen who insert themselves in the State and make wrongful use of their public service positions to influence political debates and modify laws as they see fit and in order to secure unwarranted benefits for ecclesiastical organisations. Clericalism is one of the chief enemies of State Secularism.

Atheism Atheism is the rejection to the belief in the existence of one or more gods or any other supernatural entities. Atheism is not a religion. According to Stein (2005), ‘atheists have adopted such a posture because they realise the burden of proof is logically true so long as it rests on the shoulders of the person who claims it to be true to begin with.’ It does not follow that an atheist is necessarily anticlerical or secularist. There may well be atheists who are disinterested in advocating the separation of church and state or who do not engage in activism. While atheism does not aim at having a favourable position regarding SRHR or euthanasia, among other topics, it is far more likely for non-religious individuals (such as atheists and agnostics) to be prone to defending them.

Agnosticism It is a philosophical stance which, according to Martin (2010), ‘rejects both faith and unbelief upon considering there are no sound arguments in favour or against either’ (p. 11). Agnosticism does not imply adhering to secularism or being as a matter of course anti-clerical.

Status of Secularism in Colombia

Aconfessional3 A State lacking an official religion. Every Secular State is also Aconfessional by definition. The exception to this law in The Americas is Costa Rica, establishing Catholicism as the official State religion. Heated discussions emerge once in a while on whether a state is secular or merely aconfessional, often spurred by conservative sectors aiming at retaining the privilege of a specific denomination on a governmental level. For instance, Alejandro Ordóñez told Publímetro in June 2017: ‘Colombia is not a Secular State. Colombia is an Aconfessional State. The State has no religion, but it is theist.’ This attempt to establish a dichotomy between secular and aconfessional ignores that the former comprises the latter. Clerical activists expect a state with religious freedom but with majority denominations being favoured.

Religious Fundamentalism Religious fundamentalism is a religious affiliation in which believers strive for retaining orthodoxy and religious identity over social secularisation. In case of Evangelical Christian Fundamentalism, its origins hark back to a series of writings published in the USA between 1910 and 1915 titled ‘The Fundamentals: A Testimony to the Truth’, in which the need to defend faith fundamentals was established by emphasising the use of the Bible to defend the exclusiveness of Christ as God, his resurrection, considering eternal life and eternal damnation to be real as well as the six-day creation six thousand years ago and the flood. Since the 1960’s there has also been an opposition to termination of pregnancy, pre-marital sex, homosexuality and euthanasia. The seventies also saw the rise of Evangelical Christian Fundamentalist in Latin America upon the arrival of hundreds of American missionaries.

‘The rulebook ought to be implemented in all schools is The Bible.’ Evangelical manifestation at the Ministry of National Education. 10th August 2016.

Evangelical fundamentalism is currently so widespread in Latin America that some churches have been formed here which send missionaries to the USA. 3

The term is rare in English (where it has been merged with ‘secular’) but common in Spanish, Catalan and Portuguese, where a distinction is made between ‘aconfessional’ and ‘secular’. Those concepts do overlap but are not strictly synonyms. 17

Status of Secularism in Colombia

Fundamentalist groups may vary in their emphasis to specific doctrines, and not all of them leap to the political arena. Seventh Day Adventists, for instance, defend the separation of church and state, greenlight the voluntary termination of pregnancy in a few exceptions and accept the use of contraception by married couples. Quiverfull Evangelicals do not endorse contraception and portray stay-at-home motherhood with as many children as possible as the ideal. Some Evangelical, Baptist and Adventist groups even oppose formal education and champion homeschooling as a means to avoid their sons and daughters to be taught about evolution, other religions and sexual education. Southern Baptists in America, as well as many Charismatic churches including the International Charismatic Mission in Colombia have entered politics and regard secularism as ‘secular fundamentalism.’ Other groups, such as Jehovah’s Witnesses, out of doctrinal principles decide not to penetrate politics, but they oppose SRHR, women’s emancipation, LGBTI rights and the acceptance of evolution. They have extended conservative positions socially out of proselytising zeal. Together with Mormons, they are often labelled ‘para-Christians’ by Evangelical branches, even though they hold similar positions on sexual morality and rejection to science. Religious fundamentalism is not restricted to Evangelical Christianity. Catholicism also presents ultra-conservative tendencies in groups such as Opus Dei and Lefebvrists, who aim at halting SRHR advancement and retaining financial and proselytising privileges for the Catholic Church.

Status of Secularism in Colombia

Chapter 2 Public Understanding of the Concept of Secularism Those who have lived with privileges regard the arrival of equality as oppression. Anonymous In Colombia, most of the population does not recognise the meaning of the term ‘secularism’, as repeatedly observed by different

NGO’s working for state secularism, as shown throughout this report. Groups pressuring in favour of clericalism are constantly making an effort for the ideas of Secular State and separation of church and state to be seen as synonymous with atheism. A couple of instances can be brought to exemplify how misinformed the public is regarding the Secular State. In a manifestation against same-sex marriage in 2013 in Colombia, a number of Evangelical believers produced banners with the motto ‘The State is secular, not atheist.’ Protesters, who mostly stemmed from Evangelical and Pentecostal congregations, claim that Biblical arguments can still overhaul civil rights within a secular state and that Biblical texts are the ultimate source from which same-sex couples are to be judged as lawful or not.

‘The State is secular, not atheist. Us who believe in God have the right to an opinion’ (left and centre) ‘Countries where same-sex marriage has been approved have had to redefine sex-ed politics in their schools’ (right) Evangelical vigil against same-sex marriage in Bogotá, 2013. 1H1M.org refers to a website advocating for heterosexual couples to be the only accepted family model.

The same fallacious ‘Secular State = Atheist State’ argument was used by Santander1 Deputy Legislator Ángela Hernández upon learning the Attorney General Office demanded the cancellation of consecrating the Yopal2 to Jesus Christ in June 2017.

1 Santander was one of the nine original states of the United States of Colombia (1863 - 1886). It it nowadays the seventh most populated department of the country and is one of its principal boosters in terms of education and culture. According the the last census, 95% of its population identifies as Christian (65% Catholic).

Located 240 miles from Bogotá, Yopal is one of the youngest department capitals of the country and one experiencing rapid growth thanks to extraction of petroleum taking place nearby. On the 9th of June 2017, Yopal Mayoress Luz Marina Cardoso signed a decree through which the municipality was ‘symbolically entrusted to Lord Jesus Christ,’ causing outrage from secular sectors. 2

Status of Secularism in Colombia

Hernández published a public status update on her Facebook account on the 24th of June 2017, which translated as ‘Colombia is not and will not be an atheist nation. Our country grants us freedom to express different faiths, not to hamper them. Not just Yopal should be handed off to Jesus Christ, in the entirety of Colombia we all need God. #RescuingPrinciples #FreedomOfReligion #ColombiaForChrist.’ Religious leaders aspiring to civil service positions for which they are required to earn a minimal amount of votes conveniently make use of denying the constitutional secular character of the Colombian State. This denial seems to stem more from convenience than bona fide disregard for the Constitutional Court verdicts. Together with the aforementioned conceptual mix-up, there is also the fact that every single time the State is asked to remain neutral in religious matters, clerical activists claim persecution, spreading the idea that religious freedom entails the right to legally impose a religious view or politically - and financially - favour a specific creed. Amongst the most-fervently religious individuals there is also the perception that state neutrality in political matters begets the detriment of social conditions all around the country, as evidenced in numerous social media comments whenever fundamental rights have been defended in order not to impose religion in public institutions. For instance, when the news website pulzo3 informed on the 25th October 2017 that public schools in Colombia were not allowed to compel teachers and students to attend mass or any other religious ceremonies as ordered by the Constitutional Court, to which an internet user commented ‘ignoring God in the upbringing of children and youngsters is a big mistake. Look at how nowadays kids fight, chase each other and do not manage to coexist with their peers, merely because they lack values, respect and loving their neighbours. People at the Constitutional Court, remember that you were raised in loving and fearing God, respecting your peers and later on decided on your religion, when you were able to tell the difference on the topic.’ It is important to point out that public understanding of secularism is recurringly hindered by a number of religious groups who wish to have more influence on public institutions. For instance, Colombian Interreligious Council Secretary, Rabbi Richard Gaboa, reacted before requests defending secularism by arguing that ‘(...) what these enemies of God and religious freedom want is to be hijacked from our own temples and subsequently gagged. 4’ These claims took place following the Forum titled ‘Peace Actions. Responsibilities from the Religious Sector,’ which took place on the 16th of March 2017. Rabbi Gamboa made the most out of his intervention in the Congress in order to deny the secular character of the State, mistake secularism for atheism and put forward that religious individuals and institutions are allegedly under attack by those defending the separation of church and state.

3 See original publication (in Spanish) at http://www.pulzo.com/nacion/estudiantes-colegios-publicos-no-pueden-ser-obligados-ir-misa/PP374000 4 INTERRELIGIOUS COUNCIL NEWS. 18th March 2016. ‘Radical secularism aims at kidnapping us in our own temples and gagging us: Secretary General.’ Retrieved in Spanish from http://noticiasdelcabildointerreligioso.blogspot.com.co/2017/03/laicismo-radical-quiere-secuestrarnos.html 21

Status of Secularism in Colombia

‘A few weeks ago I voiced our concerns before the Supreme Court on how State Atheism has been unconstitutionally and illegally imposed under the moniker of the fake and unconstitutional “secular state.” [...] We remember how in November 2015 before the Chamber of Representatives we were victims of … that’s right, we were bullied! We were harassed by the radical secularist discourses which demand religion in Colombia to be reduced to the private sector. What they really want is for us to be hijacked from our own temples [...] To those aiming at censoring the prophetic voices of religious leaders, we assert: they shall not pass! We shan’t stop announcing the Kingdom of Heaven, we shan’t stop denouncing social injustices and immoral acts by those who behave badly. I’m certain God has reserved in Colombia over 5,000 prophets from all churches and faiths, who haven’t knelt before Ba’al. From this, the Nation’s altar, we cite them and solemnly remind them of their duty.5 ’ [Emphasis added]. The event Rabbi Gamboa was complaining about was the Forum on Secularism and Religious Freedom which had taken place at the Congress on the 25th of November 2015, to which he was invited together with representatives of other churches, and participated among religious individuals who back the separation of church and state, such as the Seventh Day Adventist delegate, the Catholics for the Right to Choose guild and members of Atheist Bogotá.

Rabbi Gamboa (first from the left) is visibly upset while listening to Eliana Riaño from Catholics for the Right to Choose, during the Forum on Secularism, Colombian Congress, 25th November 2015.

Journalist rarely discussed the Secular State before 2015. When it was reported that a Town Hall had compelled its staff to start off their sessions with prayer back in 2013, the press spoke about freedom of religion and equality for non-believers to be breached, with no mention whatsoever of state secularism. That would change when some Christian groups began making efforts to stop anti-discrimination regulations to be included in school rulebooks eventually setting up manifestations on the 10th of August 2016, and later on when Christian groups - once again - opposed the peace agreements on the 2nd of October that same year. Immediately before the state visit by Pope Francis in September 2017, secularism peaked as a more widespread concept for the Colombian population.

5 WORDS BY COLOMBIAN INTERRELIGIOUS COUNCIL SECRETARY GENERAL, RABBI DR RICHARD GAMBOA BEN-ELEAZAR, FOLLOWING THE FORUM ‘PEACE ACTIONS. RESPONSIBILITIES FROM THE RELIGIOUS SECTOR.’ Retrieved in Spanish from https://es.scribd.com/document/342293386/Discurso-del-Sec-Gral-del-Cabildo-Interreligioso-de-Colombia-16-de-Marzo-de-2017 22

Status of Secularism in Colombia

The Evangelical influence on the plebiscite results to ratify the peace agreements with the guerrilla group FARC6 consisted in propagating the completely inaccurate claim that they contained ‘gender ideology’ and would lead to ‘homosexualising’ the country. After the results, many citizens began questioning the influence of religious leaders on politics and worrying about the effects of this phenomenon on individual liberties and separation of church and state, resulting in the sudden rise in online searches on concepts such as ‘secularism’ and ‘secular state’. Before August 2016, LGBTI sectors and more specifically LGBTI activists were reticent to advocate secularism and secular state as they mistakenly thought that would make them campaigners for an atheist state, which would disrupt believers, including those who happened to be of LGBTI sectors. Besides a few liberal media, certain guilds have supported secularism including Catholics for the Right to Choose, as well as atheist and agnostic groups such as Bogotá Atea (Atheist Bogotá), the Bogotá Atheist Association, the Pereira7 Atheist Association and the Antioquia8 Association of Freethinkers, Agnostics and Atheists. Influential thinkers who also support it include former magistrate Rodrigo Uprimny, solicitors Germán Rincón and Miguel Garcés and the late former magistrate Carlos Gaviria (1935 - 2015). The precise comprehension of what the secular state actually is and what it implies in pluralism and individual liberties is of key importance, as otherwise there is a hefty risk of relinquishing whatever little progress has been made in terms of separation of church and state, switching it by a State favouring religious fundamentalism.

6 Established in 1964, the Revolutionary Armed Forces of Colombia constituted the largest and most influential guerrilla group in the long-lasting civil war that devastated the country for decades. After many years of negotiations, a mutually-accepted agreement was put forward and a plebiscite was called to take into account what the rest of the population made of it. 7 Pereira is a city located in the Coffee Axis and represents a key element in the country’s industry and economics. It is strategically placed near the three major cities of the nation (Bogotá, Medellín and Cali) and headquarters a number of companies and public institutions. 8 Antioquia is the second most populated department of Colombia and comprises the nation’s second largest city, Medellín. As such, it is extremely influential in terms of culture, economics and politics. 23

Status of Secularism in Colombia

Chapter 3 Legal Status of Secularism in Colombia

In the constitutional ordering of many countries there is the fundamental right to freedom of worship and conscience, essential requirements backing up the Secular State. Many a nation has gone one step further and declared the constitutional separation of church and state. That is the case, for instance, of the constitutions of Ecuador, Nicaragua and Mexico. In Colombia, the aforementioned fundamental rights are established, respectively, on Articles 18 and 19 of the 1991 Constitution. Article 18. Freedom of conscience is guaranteed. Nobody shall be aggravated for their convictions or beliefs, compelled to reveal them or forced to act against their conscience. Article 19. Freedom of worship is guaranteed. Every person has the right to freely profess their religion and spread it individually or collectively. All religious confessions and churches are equally free before the law. The status of Colombia as a Secular State was firmly established by the Constitutional Court on Sentence C-350 from 1994: â&#x20AC;&#x2DC;A State that defines itself as ontologically plural in religious matters and which also acknowledges equality amongst all religions cannot at the same time ratify an official religion or establish the legal preeminence of certain religious creeds. It is consequently a Secular State. Admitting any other interpretation would fall into a logical contradiction. For that reason a specific guideline on the secularism of the State was not necessary. The country cannot be officially enshrined to any specific religion, even if this is the majority one, given that constitutional precepts confer religious congregations the guarantee that their faith has equal value before the State, regardless of its origins, traditions and contents.â&#x20AC;&#x2122; (Emphasis added)1 .

The declaration of Colombia as a Secular State has been preserved in different constitutional rulings, the most recent being Sentence T-524 from 2017:

1 Sentencia C-350/94. MP: Alejandro MartĂnez Caballero. 25

Status of Secularism in Colombia

‘One of the most significative changes brought by the 1991 Constitution was the adoption of a Secular State model, respectful of the different religious creeds observed in its territory and of people who decide not to practise any. Unlike the 1886 Constitution, which established the unity of religion and state, Article 19 from the 1991 Constitution established that freedom of worship was guaranteed. “Each person has the right to freely practise their religion and spread it individually or collectively. All religious confessions and churches are equally free before the law.” [...] The Court has reiteratedly analysed the relationship sense between the Colombian State and religions. Via Sentence C-350 from 1994, this corporation concluded that the Colombian State is a Secular State, with plain religious liberty, characterised by a strict separation of church and state, and the equality before the law of all religious confessions as far as both the State and the judicial ordering are concerned. For this Court, the importance that this secular principle acquires stems from how the “strict State neutrality in religious matters is the only way for public powers to ensure pluralism and egalitarian autonomous coexistence of the different religious confessions. ”2 Sentence C-766 from 2010 further details the criteria established by the previous jurisprudence, regarding the duty of the State whenever it adopts a decision containing any sort of religious implications. These criteria are: “(i) Separation of church and state according to the establishment of the latter’s secularism, (ii) prohibition of any mandatory meddling whatsoever, privileging the Catholic Church or any other in matters of education, (iii) renouncement of the religious sense of the social order and defining it as public order in the frame of a State judged by the rule of law, (iv) determination of religious matters before the State, as matters of fundamental constitutional rights, (v) legal prohibition of mutual interference between church and state, (vi) legal eradication of the establishment of Catholicism as essential social order element and (vii) establishing a test assessing whether the regulations in religious matters fit the principles of pluralism and secularism of the Colombian State.” For this Corporation, when the State does not observe the previously described criteria: i) it would be breaching the principle of separation of church and state; ii) it would be neglecting the principle of equality in religious matters; iii) it would infringe on the principle of religious pluralism within a non-confessional liberal State; and iv) it would break the principle of neutrality which ought to direct the State, its organs and its authorities in religious matters. For all of those reasons, the principle of secularism is not only expressed in guarantees for particulars in terms of freely adhere to, or practise, any religion, but also in recognising and protecting different religious confessions (religious pluralism) from actions which tend to generate guarantees for materialising the freedom of worship, in an egalitarian treatment free from religiously-motivated discrimination. According to this Corporation, “equality of treatment in religious matters is intimately related to the Secular character of the State and, as a result, with the secular nature of the activities the State is entitled to develop. Assessing said State functions regarding religion, consequently, must take into consideration the understanding of secularism and its connexion with the adequate guarantee for freedom of conscience, religion and worship.” 3’

2 3

Sentencia T-524/17. MP: Antonio José Lizarazo Ocampo. Sentencia C-766/10. MP: Humberto Antonio Sierra Porto

Status of Secularism in Colombia

Denial and Misinformation Even though the concept given by the Constitutional Court is clear on the secular nature of the Colombian State, there have repeatedly been incidents bringing said secularism into question. These events can be classified in: 1) open denial to the secular nature of the Colombian State and/or rejection to Court rulings, 2) underestimation of the Court rulings and 3) confusion over the meaning of Secular State. Open denial to the secular nature of the Colombian State is far more damaging when it comes from important figures of opinion and power, as they have been able to confuse the population and the public authorities. A clear example is former Attorney General and current presidential candidate Alejandro Ordóñez Maldonado. Ordóñez held the former position from 16th January 2009 until 8th September 2016, and one of his functions was safeguarding fundamental rights of the citizens and monitoring the conduct of civil servants. When Pope Francis visited the country on the 7th of September 2017, Mr Ordóñez tweeted ‘Secular Country? Ha!’ This, together with his actions as former Attorney General, which were strongly biased by the Catholic moral doctrine, are an evidence of the constant public denial prominent conservative figures hold against the secular nature of the State. Organisations adhered to religious confessions have also denied said nature, an example being the Inter-Religious Council of Colombia, which declared on their Report on Religious Freedom Status in Colombia 2015 that: ‘THE INTER-RELIGIOUS COUNCIL OF COLOMBIA keeps a stance of not acknowledging the ‘secular state’ model exposed by the Constitutional Court via Sentence C-817 from 2011, given that Colombia is not a “secular state” considering the State recognises “God’s protection” thus explicitly exercising a religious confession. The mere fact of mentioning God in the utmost judicial document of the country turns Colombia into a theistic state and grants God the status of legal entity, thus making the Supreme Being a universal guarantor of fundamental human rights in every single citizen … therefore not upholding the non-denominational principle that must characterise a secular state.’ (Emphases in the original).

Rabbi Richard Gamboa at the National Capitol. 16th March 2017. Photo: Inter-Religious Council.

Status of Secularism in Colombia

The Secretary General of said Council, Rabbi Richard Gamboa Ben-Eleazar, has systematically sustained that the model of Secular State entails State Atheism, and that efforts to keep church and state separated are part of a ‘radical secularism.’ In his participation on the forum on ‘Peace Actions - The Social Responsibility of the Religious Sector’ which took place on the 16th of March 2017 at the Congress, Gamboa said: ‘[...] Without GOD, we’ll swiftly descend to our disappearance as Nation. But if the Colombian Populace reconciles with GOD, then our cause will also be that of many nations who also yearn for the end of wars and the arrival of the Age of Peace. A few weeks ago I voiced my concerns before the Supreme Court on how many of you powerlessly witness how State Atheism has been unconstitutionally and illegally imposed under the guise of the fake and unconstitutional “Secular State”; what should’ve been a guarantee of religious freedom has been the biggest persecution which has censored and even criminalised the moral duty of the churches and religious confessions to proclaim and defend GOD’s constitutional sovereignty over Colombia and the supremacy of moral and ethical principles and values in public, collective and individual matters.’ Two arguments have further sustained the denial of the secular nature of the Colombian State: 1) the Constitution preamble and 2) Law 133 from 1994 (law of religious freedom). The 1991 Constitution preamble invokes the protection from God, affirming that the sovereign power stems from the Colombian people. ‘The people of Colombia, exercising their sovereign power, represented by their delegates to the National Constituent Assembly, invoking the protection of God, and with the aim of strengthening the unity of the Nation and ensuring its members life, coexistence, work, justice, equality, knowledge, peace and freedom within a legal, democratic and participative frame which guarantees a fair political, financial and social order, and committed to propel the integration of the Latin American community, decrees, sanctions and promulgates the following (1991 Colombian Political Constitution).’ This preamble differs from the one used by three of the previous constitutions4 (1853, 1858, and 1886), in which the public power is said to stem from God and to be subordinate to Him: 1853: ‘In the name of God, legislator of the Universe and by people’s authority.’ 1858: ‘Under the protection of God Almighty, Supreme Legislator of the Universe.’ 1886: ‘In the name of God, supreme source of all authority…’ The fact that in the 1991 Constitution God is no longer regarded as the source of authority and is only invoked reflects a key rupture between the Catholic clergy and the Colombian State. While the previous Constitution (1886) clearly established Catholicism as the official religion of the nation5 , the 1991 Constitution does not declare any official or protected religion, which means ‘God’ can be any which spiritual or devout citizens opt to believe in: Jesus, Jehovah, Allah, Krishna, Pelor, Xenu, Olodumare, Gaia, Chiminigagua, a force, the Universe, Melquisedec Lisbet, etc.

4The 1863 Constitution, on the other hand, proclaimed a Secular State, but was overruled twenty-three years later. 5Article 38: ‘Roman Catholic Apostolic Religion is that of the Nation… it is understood that the Catholic Church is not and shall not be official, and shall preserve its independence.’ 28

Status of Secularism in Colombia

The ever-growing religious diversity in Colombia has resulted in a multiplicity of beings whom Colombians, in different amounts, regard as gods.

There is no reason for the god invoked in a plural state (where all religious beliefs are acknowledged) to correspond with that of Christianity or even the Abrahamic monotheistic religions, not even a personal god. This matter of the Preamble was analysed by Sentence C-350 from 1994: ‘Thus, first of all, the abolished Constitution used to establish God as supreme source of all authority and Roman Catholic Apostolic Religion as that of Nation. Such references were eliminated in the 1991 Constitution Preamble; on it, the protection from God is invoked but no attributes are thereby conferred as source of authority or dignity, nor do they establish any reference to a specific religion. In fact, the preamble draft that made God “the foundation of human dignity and source of life and authority for the common good” - strongly keeping with the Catholic worldview - was not adopted by the Constituent Assembly, as it was considered that sovereignty resided with the people. For that reason, the reference kept does not establish the prevalence of any religious creed, not even a monotheistic type; it is then an invocation to God which is compatible with the plurality of religious beliefs (...)’ There is, at the end of the day, the matter of solving the argument according to which ‘the Colombian State is not indifferent to religious sentiments’ as recorded by Law 133 from 1994, and which is often put forward by clerical activists. Article 2. No Church or religious Confession is, nor shall be, official. The State is, however, neither atheist nor agnostic nor indifferent to the religious sentiments of the Colombian populace. The mistake stems from making people believe that a secular state - and therefore neutral before any religious creed - equals an atheist one. This was already recently dealt with by the Constitutional Court via Sentence T-524 from 2017: ‘Developing this principle via Law 133 from 1994, the Legislator bestowed on the State and its authorities a responsibility of neutrality by determining no church or confession is, nor shall it be, official. This does not mean the State recognises itself as atheist, agnostic or indifferent before the religiosity of people; what it does mean is that it stems from the Colombian State its neutrality before any creed or religious church and, consequently, it is forbidden to any State authority to discourage or favour people or communities not sharing a specific religious practice, majority or not, and it is even its duty to protect and guarantee the rights of those people who are indifferent regarding spiritual or religious beliefs. According to what has been established by Article 2, “The public power shall protect people in their beliefs, just like churches and religious confessions and shall facilitate their participation and that of those in the attainment of the common good. It shall, correspondingly, keep harmonious bonds of common understanding with churches and religious confessions which exist within the Colombian society.’ (Emphasis added). 29

Status of Secularism in Colombia

What About Policies of Religious Freedom? Via Resolution 0089 from 2017 the Ministry of Domestic Affairs established the lineaments for public religious freedom politics, which created the Departmental Boards for religious freedom, of which representatives from legally-established faiths were welcome to participate. That measure is positive in the sense that it allows for protecting a fundamental right such as freedom of worship, as recorded by Article 19 of the Constitution. What is worrying, to Secular State defending organisms, is that Departmental and District Boards for Religious Freedom get used to endorse religion with public funds or favour the creation of public bylaws stemming from religion entering in conflict with other fundamental rights. The Lemon test is useful here again to help determine when a public law or initiative is breaching secularism: 1) its aim must be secular, 2) its main effect cannot be inhibiting or advocating for religion, and 3) they must not generate a particularly close bond between Church and State. If, for instance, the topic of persuasion an armed group makes against pastors is discussed and a strategy is created to report cases and establish cooperation and monitoring with police authorities, it would be an action framed in the freedom of worship guarantee. But if, on the contrary, what the Board aims at is creating an event to celebrate Bible Day with public funds and with sermons by pastors in proselytising activities, the Lemon Test6 shall reveal the aim not to be secular, stimulating Christianity and generating a connexion with churches or pastors benefiting directly or indirectly with public funds. In this sense, the latter case infringes the Secular State, unlike the former. Religious groups, especially those who take part of the Departmental Boards for Religious Freedom often make use of Law 133 from 1994: Article 2: No Church or religious Confession is, nor shall be, official. The State is, however, neither atheist nor agnostic nor indifferent before religious sentiments of the Colombian populace. This last part is used by clericalists to deny the secular character of the Colombian State. It it worth clearing up that, just as it is neither atheist nor agnostic, it is neither Catholic nor Pentecostal nor Adventist nor Charismatic. State neutrality in religious matters is precisely what constitutes the essence of the Secular State.

Assessment Due to all of the above, it can be argued that regulations are still not sufficiently clear on the secular nature of the Colombian State. The current difficulty stems from its poor comprehension and compliance.

6 Lemon v. Kurtzman, 411 U.S. 192 (U.S. 1973). 30

Status of Secularism in Colombia

Chapter 4 Secularism and Participation of Churches in Party Politics ‘Civil governments ought not to have religion, since it is their duty to protect the people’s freedom to practise the religion they choose to adhere to, and said duty could not be fulfilled if they were to follow any.’ Benito Juárez1

Throughout the history of Colombia there has been a close bond between religion and politics ever since the colonial times. During the early centuries of republican life, and well into the 20th century, the Catholic Church played a key role by allying themselves with the Conservative Party in order to retain their power on education and graveyard administration as well as banning civil marriage and divorce 2. What is worrying is that even after a secular Constitution there are still attempts to merge the political power with its ecclesiastical counterpart, thus risking civil liberties for many citizens. There has been a clear rise in the participation of certain religious groups in the political scene of the country, although this phenomenon is far from being exclusively Colombian: Brazil faced a similar situation when Evangelical Congressman Eduardo Cunha led President Dilma Rousseff’s impeachment, his animosity towards her largely stemming from her support for LGBTI rights. It is also noticeable that admission to party politics has chiefly taken place amongst some Evangelical, Pentecostal and Neo-Pentecostal sectors of North American origins, who have been historically linked to the GOP, allied to conservative parties - usually right-winged - in Latin America, including Colombia, though they have also occasionally founded independent movements. Being adamantly conservative, they see the forceful establishment of Biblical moral values (or their interpretation thereof) as ideal and supreme as rulers of society in its entirety, just like favouring religion in official events. They hold a clearly reactionary stance on individual liberties, especially those of a sexual nature.

1Benito Juárez (1806 - 1872) was a Mexican lawyer and president of that country from 1858 until his death. A symbol of nationalism, his birthday is a national holiday in Mexico. 2 Actually, quite a few authors claim that the Church was even above the Conservative Party, as exposed by Guerrero (2014): ‘[...] historically, it was the Archbishop who, ultimately, decided on who would be the Colombian president: that had been the course of action since at least 1888, when Monsignor Paul was designated to arbitrate, thus favouring Carlos Holguín, presidente between 1888 and 1892. In 1913, Archbishop Bernardo Herrera Restrepo appointed José Vicente Concha (1914 - 1918); in 1917, 1921 and 1925 it would be again Archbishop Herrera who would choose the candidate and then the president. In 1926, Vásquez Cobo aspired to reach office, but the Archbishop requested he declined in favour of Miguel Abadía Méndez, in exchange for a promise of archdiocese support in 1930.’ (p. 57). 32

Status of Secularism in Colombia

Beltrán (2017) summarises the common denominator of Evangelical influence in electoral politics: ‘Perhaps the most important of these conclusions is the power that the “moral agenda” holds to bind together the Evangelical and Pentecostal electorate. The two chief pillars of said “agenda” are opposing the acknowledgment of LGBTI rights and their rejection towards any initiative to decriminalise abortion, including a negative attitude before Constitutional Court rulings regarding those matters.’ While Uruguay has a strong secular tradition and Mexico expressly forbids clergymen from participating in political campaigns3 , Colombia faces the strengthening of Christian Evangelical groups and how they make an effort to take over political positions. After the 1991 Constitution, Christian movements who had previously been minor in the political scene emerged out of the woodwork: The National Christian Party (1990 - 2006) was based on the International Charismatic Mission, a Neo-Pentecostal Church founded in 1983 by married couple César Castellanos and Claudia Rodríguez de Castellanos. They adhered the Radical Change Party in 2006 and later on the U Party, prompted by the 2003 political reform seeking to reduce the increased amount of political parties via voting thresholds. C4: Civic Christian Community Commitment (1992 - 2006) was founded by William Jimmy Chamorro Cruz based on the Colombian Student and Professional Crusade. It did not manage to survive the 2003 political reform. The Independent Absolute Renovation Movement was established in 2000 and is closely linked to the Church of God Ministry of Jesus Christ International, to the point that congregation leaders are also political party leaders or are their blood relatives. The party leader, who happens to be the church leader’s daughter, was senator between 2002 and 2014. The current party president is a pastor and was Councillor of Bogotá between 2001 and 2009. Both terms served by Álvaro Uribe Vélez were disastrous for secularism. Uribe saw in congregations an electoral pillbox and actively campaigned at pulpits including those held by the International Charismatic Mission and the Christian Revival Church. Said practice became customary and other politicians adopted including Mayor of Bogotá Enrique Peñalosa and succeeding President Juan Manuel Santos. The Christian Party for Transformation and Order was created in 2007 by Pastor and former Councillor Gustavo Páez from Oasis Worship. Under the motto of rescuing values (i.e. opposing LGBTI rights, euthanasia and abortion under any circumstances), a number of pastors have been elected by other collectives. For instance, International Family Church Pastor Marco Fidel Ramírez has been a Councillor of Bogotá since 2011 and Quadrangular Church Preacher Ángela Hernández has been Deputy Legislator of Santander since 2016.

Article 130 from the Constitution of the United Mexican States: d) In terms of rule of law, cult ministers shall not be able to hold public service positions. As citizens, they have the right to vote, but not to be elected. Whoever withdrew from ministry with enough notice and as established by law, may be eligible. e) Ministers cannot be associated with political aims or proselytise in favour or against any candidate, party or political association whatsoever. They shall not oppose the laws of the nation or its institutions or disrespect in any way the national symbols at any public meeting, religious event or faith-related publications. It is expressly forbidden to establish any sort of political groups including any term or indication related to any denomination on its title. No political rallies shall be allowed in temples. 33

Status of Secularism in Colombia

Religious leaders arranged massive manifestations against Sentence T-478 from 2015 in August 2016, demanding the Ministry of Education to review the school rulebooks in order to counteract discrimination against LGBTI students. A guiding document had been created but religious organisations and filigrees rejected it deeming it a ‘manual to homosexualise the students.’ Said manifestations, which popularised the deceitful concept of ‘gender ideology’, encouraged religious communities to be more politically active and to tear down the separation of church and state. Emphasising the same ‘gender ideology’ argument, many churches campaigned for the ‘No’ vote on the plebiscite to ratify the peace agreements with the largest guerrilla group, falsely claiming said agreements included the destruction of the traditional family. The Mission (aka G12), used as soapbox by former President and current Senator Álvaro Uribe, together with Eternal Life Spring and Life Rivers Family Church, headed the ‘No’ campaign. Some analysts believe they could have influenced between one and two million votes from the pulpit, certainly a decisive amount (the ‘No’ campaign won by 0.45% - ca. 53,000 votes). The International Charismatic Mission withdrew from the Democratic Centre and fell out with Uribe because he did not include more pastors in the list of candidates to legislative elections for 2018.

‘Colombia is in danger! Danger of falling to a communist dictatorship and for gender ideology to be approved. Vote NO on the plebiscite. Jesus, enter my heart’ Flyers handed by churches against the October 2016 peace agreements.

Status of Secularism in Colombia

There are currently over 400,000 filigrees (Bogotá figures only) adhered to a number of Evangelical groups favouring party politics from the pulpit.

Left to right: Pastor Eduardo Cañas (Eternal Life Spring), former president Álvaro Uribe Vélez and International Famiiy Church Pastor and Bogotá Councillor Marco Fidel Ramírez.

Assessment The outlook for secularism is critical in this aspect, as it has been proved that civil officers who happen to have emerged from fundamentalist Evangelism or Catholicism clearly fail to recognise the secular nature of the State and make an effort to obstruct minority rights and favour their own creeds. A reform, in the sense of secular legislation - similar to the Mexican case, for instance - is highly improbable given the current political situation. If anything, there seem to be signs of the contrary: an intensification of clericalist influence as announced by Pastor Oswaldo Ortiz in the church ‘Rivers of Life’ a few weeks after the results from the 2016 plebiscite: ‘Is that seriously their plan? For the Bible not to rule in my country? For [Pastor Miguel Arrázola] not to be able to talk politics or influence a country? Do they honestly think we’re not gonna have mayors, governors, councillors, legislators, magistrates and president with faith? 4’ All that is left is for citizens and organisations looking after secularism to be constantly vigilant in order to keep those religious individuals from eliminating the separation of church and state.

Status of Secularism in Colombia

See video (in Spanish) at https://youtu.be/5Dj-zyQXlsA

Status of Secularism in Colombia

Chapter 5 Secularism, Religious Acts and Symbols in Public Institutions

What is expected in a secular state is for public institutions not to display religious symbols of imagery, in order not to send citizens the message that public and religious acts are somehow connected. The presence of images of Christ or the Virgin Mary has generated confusion in the general population on the unbiased character of public institutions and authorities, and implies they still hold strong predilection and favouritism towards the Catholic Church. To some citizens, religious symbols or acts in public institutions is a trivial matter. Symbols, however, hold communicative power and send messages to the population, occasionally reaffirming the importance of one religion over others, and believers over non-believers.

Religious Symbols in Public Institutions The enormous presence of the Catholic Church in the Colombian territory ever since colonial times has left a legacy in its symbols and images. It is therefore common for office areas and high courts to feature crucifixes, Virgin Mary images or even Catholic praying rooms.

‘Free people, secular states’ and ‘Religious neutrality is equality: public institutions without religious symbols.’ Protest before the Constitutional Court, 29th June 2016.

Status of Secularism in Colombia

On 15th January 2009, Former Attorney General Alejandro Ordóñez replaced the painting of Francisco de Paula de Santander1 by a crucifix, arguing what he had already said when taking over as head of the State Council2 . Crucifixes were also placed at the auditorium and the disciplinary audience room. Knights of the Temple were stamped on the security office and on its stationary and calendars were printed with the message that being a good Catholic was needed to be a good worker. All of that took place mostly between 2009 and 2016.

Chapel at the Attorney General Office. Photograph by Semana magazine

Despite a writ for protection being filed against him3 , the Attorney General continued his religious proselytism and also favoured it in other institutions, installing an altar to Virgin Mary right outside the National Police Health Centre. A right to petition was sent but the Colonel argued the virgin was ‘respected even by Jews and Muslims’ and her presence was therefore justified. Police and Military forces are precisely those - together with public schools (more on that on Chapter 8) - who display religious imagery most often.

Catholic imagery at an Immediate Attention Police Centre in Engativá, North-West Bogotá.

Francisco de Paula Santander (1792 - 1840), also known as The Man of the Laws, was a leader during the independence wars and acted as president of Colombia (retrospectively named ‘Great Colombia’ to differ it from the current territory) as well as the Republic of New Granada. He is often regarded as the second most important figure in the national independence, next to Simón Bolívar. 1

2 LAS 2 ORILLAS. 9th December 2013. ‘Alejandro Ordóñez, a religious fanatic.’ Retrieved (in Spanish) from: https://www.las2orillas.co/alejandro-ordonez-fanatico-religioso/ 3 EL ESPECTADOR. 1st October 2011. ‘Attorney General sued.’ Retrieved (in Spanish) from): https://www.elespectador.com/noticias/judicial/procurador-entutelado-articulo-302998

Status of Secularism in Colombia

Even the Constitutional Court has a crucifix in its Deliberation Room. In May 2016, Solicitor Juan Sebastián Vega requested the Court took it down ‘in order to guarantee the duty of protecting fundamental rights of those who follow a different religious denomination to Catholicism. 4’ The request was denied by a 6-3 vote a few days later. President of the Court María Victoria Calle retorted that Colombia was in fact a secular nation but the cross was a cultural manifestation. Later on she said on television that this particular crucifix was a memento of one of the first magistrates who happened to be a skilful woodworker. A vigil took place before the Constitutional Court on the 29th July 2016. The decision to keep Catholic symbols has been off-putting to religious minorities. A Hindu citizen, Ananda Gan Das, interposed a right to petition suggesting she donated an image of Krishna and they installed it at the Plenary Chamber. It is still not known what reply - if any - she got. Since the presence of religious imagery is not stipulated in any decree whatsoever, it has not been possible to file a formal suit yet.

Protesters asked the Court to include the image of Krishna alongside Christ. June 2016.

Religious Celebrations Religious events - mostly Catholic in nature, though Evangelical ones are progressively growing - at public institutions are sometimes sporadic but may also become recurring and, in a few instances resulting in writs for protection, even mandatory. Such is the case of ‘Our Lady of Mount Carmel’ celebrations which take place every July. As she is the patron saint of drivers according to Catholic tradition, it has routinely happened that Police and Military offices decorate their vehicles with the traditional blue and white balloons, images of the saint in question, having priests blessing the cars and mini-vans and taking part of the processions, clearly adhering and identifying a public institution with a particular denomination5 .

4 EL ESPECTADOR. 12th May 2016. ‘Request to take Christ off the Court Room.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/judicial/piden-retirar-cristo-sala-plena-de-corte-constitucional-articulo-631888 5 QUINDÍO CHRONICLES. 17th July 2012. ‘Drivers, Police and Army celebrated Our Lady of Mount Carmel.’ Retrieved (in Spanish) from: http://www.cronicadelquindio.com/noticia-completa-titulo-conductores__policia_y_ejercito_festejaron_dia_a_la_virgen_del_carmen-seccion-regional-nota-49447.htm

Status of Secularism in Colombia

Police cars decorated for a procession honouring ‘Our Lady of Mount Carmel’. Bogotá, 2014.

According to some monitoring performed by Bogotá Atea (Atheist Bogotá), the public institutions recording the highest amount of religious events in the past five years were the Police, public schools and the Cundinamarca Governmental Building, but that could well be out of lack of sufficient information on events taking place elsewhere. Police Director, General Jorge Nieto, wrote an announcement and order it were read at the end of Palm Sunday Eucharist b2016 y officers across the country. Patrol Officer Johnny Esneider Quintero, a Seventh Day Adventist, explained his supervisors that he did not want to read a message of adhesion to the Catholic Church, but he was overruled and a reprimand was added to his CV. Officer Quintero claimed the reply he had received ordered everybody to uphold the instruction regardless of whether they were ‘Evangelical, Christian, Muslim or of any other religion, as ordered by the General Director.’ Officer Quintero fell into serious depression as diagnosed by the Health Centre. He then filed a writ for protection, initially ineffectual as the judge argued reading at the end of a Catholic mass did not automatically make anybody a Catholic. The Constitutional Court then took the case and ended up ordering the Police not to perform acts of proselytism towards any particular denomination: ‘[...] It is hereby concluded that the principle of secularism rules the relationship between religion and the Colombian State, which while by definition implies a dissociation between both of them, does not overlook equal respect to all religious confessions. It is then the duty of the State to be neutral, which forbids it, among others, to formally and explicitly identify with a church or religion performing official acts of adhesion to any specific creed. [...] The National Police is ordered, in all its levels, to REFRAIN from acts in which they identify or adhere to any specific religion, thus applying the principle of secularism and the duty of neutrality.6 ’ (Emphasis added) It was, however, observed on social media that masses kept being celebrated after this ruling.

6Sentence T-152/17 Residing Judge: Alejandro Linares Cantillo. 40

Status of Secularism in Colombia

After Sentence T-152/17 a mass was celebrated commemorating 125 years of the Police Force in Barranquilla. Photograph: Zona Cero.

Prayer at the Congress and City Councils Pentecostal Senator Edgar Espíndola co-directed (with members of the Biblical Society) five noun-hour praying sessions with pastors being convened and the event taking place at the Senate Auditorium and being broadcast on television7 . The organising pastors proclaimed in favour of believing politicians, with such claims as ‘when the fair rule, the people is glad.’

Prayer at the Congress, 11th May 2012.

Since 2007, Council sessions in Cartagena have begun with a prayer, usually led by Evangelical Councillor Duvinia Torres. Article 1 from Agreement 05 from 2007 dictated such a practice in order to ‘recover the religious principles of the city.’ Seven councillors motioned to remove said prayer but they were overruled by majority vote in April 2015, prompting citizen Miguel Ángel Garcés to sue the District, with the verdict being eventually ruled in his favour.

VIDA NUEVA DIGITAL. 21st May 2011. ‘National prayer session dedicated to corruption and governors.’ Retrieved (in Spanish) from: http://www.vidanuevadigital.com/2011/05/21/a-la-corrupcion-y-a-los-gobernantes-dedicaron-jornada-nacional-de-oracion/

Status of Secularism in Colombia

Cartagena Council pre-session prayer. Photograph: El Heraldo (Cartagena Herald).

The aforementioned Agreement also ordered: ‘In public and private nursery schools, primary and secondary, prayer shall be a daily activity for students, teachers and administrative personnel, as well as other religious activities.’ In the lawsuit won by Miguel Garcés, Judge Alejandro Bonilla Aldana determined that the Council of Cartagena had crossed the line by issuing said Agreement. The habit of prayer cannot be regarded as a generalised cultural element allowing civil local authorities impose it as an obligatory act.8 ’ The ruling was received negatively by Christian politicians including Duvina Torres. A few hours after the news were first made known, Evangelical leaders summoned a public manifestation where they took children from Christian and Catholic schools with banners defending prayer and using messages such as ‘Cartagena for Christ.’ Pastor Esteban Acosta Amel, from the Anointment Christian Community, claimed it was discrimination against Christianity: ‘A persecution has risen in Colombia towards all of God’s things. There was recently a writ aiming at taking the word “God” out of the Police coat of arms. It fortunately didn’t fall through, but the oppression goes on and we need to stop it, lest it becomes the law. We don’t want to harm atheist people: if they don’t want to pray, they don’t have to pray; if they don’t want to hug, they don’t have to hug. Everyone has the right to practise their faith, it cannot be taken away from those of us who believe.9 ’ In the city of Santa Marta Bible readings were approved to open Council sessions. Said activity was always led by Pastor and Councillor Nelly Cadena Rojas, who had come up with the initiative for it. That bothered councillors who were atheist or non-Evangelical 10. Pastor Cadena was not re-elected for the 2016-2019 term.

EL HERALDO. 16th May 2016. ‘From prayer to politics: religion’s public role.’ Retrieved (in Spanish) from: https://www.elheraldo.co/politica/de-la-oracion-la-politica-el-rol-de-la-religion-en-lo-publico-260869 8

UNIVERSAL. 17th May 2016. ‘Christians kneel down in protest against prayer suspension.’ Retrieved (in Spanish) from: http://www.eluniversal.com.co/cartagena/cristianos-se-arrodillan-en-protesta-contra-suspension-de-la-oracion-226394 9

EL HERALDO. 17th October 2013. ‘Bible readings in plenary sessions faces Santa Marta councillors.’ Retrieved (in Spanish) from: https://www.elheraldo.co/region/magdalena/lectura-de-la-biblia-en-plenaria-enfrenta-a-concejales-samarios-128779 10

Status of Secularism in Colombia

Pastor and Councillor Nelly Cadena Rojas preaching at the Santa Marta Council. 15th June 2013. Screenshot from YouTube 11

Compulsory Attendance to Holy Week Processions Memo 096 from 4th of April 2014 was issued in Pereira for the Mayoral Office staff with the following instructions: ‘The Mayor wants to notify you of the solemn Holy Week which will take place between the 13th and the 20th of April, therefore kindly requesting you to compulsorily join me in the Holy Sepulchre Procession. Living in faith to rise in family.12 ’ The Pereira Atheist Association filed a right to petition which resulted in the order being cancelled and Mayor Vásquez issuing a public apology: ‘I have to excuse myself with the atheist populace and with citizens of religions other than Catholicism for this memo having been issued. I have to apologise with the Pereira citizenry, the Colombian people, and tell them that it is not mandatory to take part of the Holy Week acts.13 ’

Sanctuary Town Priest Gilberto Henao developed the idea of turning the municipality of La Estrella (Antioquia) into a ‘Sanctuary and Eco-Touristic Town’ via a Bill which he took to the Congress through which he sought to recover the tradition of making it a common peregrination destination 14. His principal ally was Law No 195 from 2008 (Senate) / 369 from 2009 (Chamber): ‘Throughout which the fifty years of Our Lady of the Rosary of Chinquinquirá15 are commemorated in the municipality of La Estrella, Antioquia, and other dispositions are dictated.’

11 https://youtu.be/wO3H18NAdag 12DE AVANZADA. 9th of April 2014. ‘Pereira Mayor infringes rights of the staff members.’ Retrieved (in Spanish) from: http://de-avanzada.blogspot.com.co/2014/04/Enrique-Vasquez.html 13 DE AVANZADA. 12th April 2014. ‘Pereira Mayor apologises to atheists.’ Retrieved (in Spanish) from: http://de-avanzada.blogspot.com.co/2014/04/Pereira.html 14 EL COLOMBIANO. 20th May 2010. ‘La Estrella, Sanctuary Town.’ Retrieved (in Spanish) from: http://www.elcolombiano.com/historico/la_estrella_ciudad_santuario-LVEC_90218 15 Our Lady of the Rosary of Chiquinquirá is the patron saint of Colombia - as declared by Pope Pius VII in 1829 - and some parts of Perú and Venezuela. 43

Status of Secularism in Colombia

The Constitutional Court analysed the law and concluded: ‘Intending to declare a municipality a ‘Sanctuary Town’ constitutes an action of promoting and favouring the Catholic Church by the State, which implies a series of activities which would benefit said religious confession, as opposed to the principle of State neutrality which rules the church/state connexions within a Secular State and it would be against State Secularism to authorise programmes or projects with the chief aim of spreading, sponsoring or encouraging religious confessions or the direct manifestations thereof.16 ’

Bible Day, Week and Month The arrival of Evangelicals to municipal councils has also brought initiatives to establish a Bible day, week or month. For instance, a bill was registered in August 2010 ‘through which a National Bible Day is established.’ It had been proposed by Senator Edgar Espiíndola, himself a member of the United Pentecostal Church of Colombia. He had suggested 31st of October to be the selected date in order to oppose Halloween (deemed ‘satanic’ by members of his denomination). The bill’s first debate took place in April 2011 and the second17 in July that same year before being ultimately archived in June 201218 . The ‘Bible Week’ initiative took place in Cali in 2010 by public library Jorge Garcés Borrero together with the Holy Spirit Community, supported by the Mayoral Office of Cali, the Gospel Music Festival and the Faysan Foundation19 . Eight conferences were reportedly held between the 25th of March and the 10th of April that year, with apologetic topics including the resurrection and alleged scientific proof for the Old Testament20 . Bible Day was also institutionalised in the department of Boyacá in the heart of the country via Order 038 from 2011. It took place on the 31st of October 2016 and was a joint effort by the Secretary of Culture and Tourism, the Secretary of Education and the Catholic and Christian churches of that department. Two conferences were held at the public library and religious leaflets were handed all across the capital city promoting Bible readings. Lutheran Pastor Jorge Ramírez told the press: ‘Christianity is to be extolled via the Holy Scriptures, which is why we invite the local community to read them as opposed to just having them at home.21 ’ Councillor Duvinia Torres proposed Cartagena to hold a Bible Month in 2013 in order to encourage it to be read and taught from as it would allegedly solve some local problems including insecurity. ‘[Bill No 066] has the aim of improving our personal and community environments: family, academic institutions and society, using the Bible as a means to walk the paths our Cartagena families and community are demanding. 22’ 16Sentence C-766/10. Residing Judge: Humberto Antonio Sierra Porto. 17 In Colombia, bills have to go through four debates before turning into laws. 18VISIBLE CONGRESS.http://www.congresovisible.org/proyectos-de-ley/por-la-cual-se-establece-el-dia-nacional-de-la-biblia-dia-nacional-de-la-biblia/5885/ 19 EL TIEMPO. 23rd March 2010. ‘Bible week begins in Cali.’ Retrieved (in Spanish) from: http://www.eltiempo.com/archivo/documento/CMS-7465589 20MAYORAL OFFICE OF CALI. 10th March 2010. ‘Bible week will soon take place.’ Retrieved (in Spanish) from:http://www.cali.gov.co/ cultura/publicaciones/29285/en_pocos_da_llegar_la_semana_de_la_biblia/ 21 BOYACÁ EXTRA. ‘Bible day celebrated in Tunja.’ Retrieved (in Spanish) from:http://boyaca.extra.com.co/noticias/local/dia-de-labiblia-se-celebra-en-tunja-248673 22 SEMANA. 19th September 2013. ‘Polemics over Bible month in Cartagena.’ Retrieved (in Spanish) from: http://www.semana.com/nacion/articulo/polemica-por-el-mes-de-la-biblia-en-cartagena/365167-3 44

Status of Secularism in Colombia

Not every councillor welcomed the idea: Pastor Jaramillo pointed out that, should it be approved, it would lead to Quran and Talmud months later on. The project did not prosper for being deemed unconstitutional23. Councillor Marco Fidel Ramírez organised on 30th October 2017 another religious event: ‘As part of the commemoration of 500 years of the Protestant Reform (1517 - 2017), the Council of Bogotá shall recognise their input and impact on academia and the educational, social and spiritual construction that has been undertaken by some historical organisations pioneering the Christian faith in Colombia. This mention, approved in Plenary Session at the Council of Bogotá on the 13th of July 2017 via Proposal No 336 initiated by Family Councillor Marco Fidel Ramírez, visualise the efforts of those who for over 100 years, through daily labour, promote the construction of the social fabric. On this occasion, the City Council shall commend the Colombian Biblical Society, the Presbyterian Church of Colombia, the Lutheran Evangelical Church of Colombia, the Christian Mennonite Church of Colombia and the Presbyterian Church in Colombia - Reformed Synod.24 ’’

20th July Te Deum The national independence day of Colombia, 20th of July, is celebrated with a military parade, installing the Congress and, up to 2016, a solemn mass of Catholic thanksgiving (Te Deum25 ) at the Primatial Cathedral of Bogotá26. Decree 770 from 1982 regulated the presidential participation on this event: ‘Article 4. 20th of July Commemoration Acts. A. For the annual celebrations of the national day, the following schedule shall take place: 1. Te Deum at the Primatial Basilica. [...] D. Te Deum at the Primatial Basilica. 1. For the solemn Te Deum to be celebrated at the Primatial Basilica, the Military House shall arrange for prayer kneelers and benches to be placed the previous day, setting positions via cards to each of the special guests, in order of precedence. 2. Similarly, The General Protocol Direction of the Ministry of Foreign Affairs shall coordinate what may be necessary for the Diplomatic Body to attend.’ The tradition was suspended by the State Council on the 5th September 201627 after Solicitor Miguel Ángel Garcés Villamil. For the High Court, this activity does not recognise the secular nature of the Colombian State as well as a violation to the freedom of worship and to equality in a public act celebrating independence day and of which the President takes part.

23 EL HERALDO. 12th December 2013. ‘Not even a miracle saved the Bible month project in the Council of Cartagena.’ Retrieved (in Spanish) from:https://www.elheraldo.co/bolivar/ni-un-milagro-salvo-el-proyecto-del-mes-de-la-biblia-en-el-concejo-de-cartagena-135614 24FAMILY COUNCILLOR. 11th October 2017. ‘Council of Bogotá commemorates 500 years of Protestant Reform.’ Retrieved (in Spanish) from:http://www.marcofidelramirez.com/2017/10/concejo-bogota-conmemora-500-reforma-protestante/ 25Bishop of Milan Aurelius Ambrosious (340 - 397) established the Te Deum tradition. He was also the first Christian in getting the Church to be recognised as above the State, and managed to banish non-Christians from the Roman political life. He is also credited for the famous antiphonal chant, a practice which survives to this day. 26Officially named Metropolitan Cathedral Basilica of the Immaculate Conception, this cathedral, the largest in Colombia, was built between 1807 and 1823. It has an area of 5,300 m2 (57,000 ft2). It is located in downtown Bogotá. 27RCN NEWS. 9th September 2016. ‘Te Deum called off from the 20th of July celebrations.’ Retrieved (in Spanish) from: http://www.noticiasrcn.com/nacional-pais/suspenden-el-tedeum-parte-celebracion-del-20-julio . 45

Status of Secularism in Colombia

President Santos, family, ministers and military men at the 2014 Te Deum. Photo by Felipe Ariza.

This decision has a number of pivotal aspects, including: ‘It has been preliminary concluded that it fails to recognise the principles of Secular State, religious pluralism, duty of neutrality and equality of all confessions according to the law, without any preferential treatment being noticed or justified towards the Catholic Church in the alluded criteria. It is found that the Catholic Liturgy as an official act by the President, who symbolises national unity, (1) persists in a confessional model outlawed by the 1991 Constitution, (2) formally and explicitly identifies the State with a specific religion, (3) is an official act of adhesion to the Catholic Church, (4) stresses a preference of creed in the celebrations of a patriotic festivity which involves the entirety of the Colombian populace and (5) its primary impact tends to promote a particular religion.28 ’ This ruling, though provisional, is equitable and appropriate as it fends off an element that fit the 1886 Constitution but which opposes the secular nature of its 1991 - and currently valid - counterpart.

God in Coats of Arms Ever since the National Police was created in 1891, the motto ‘God and Homeland’ has been part of the coat of arms of the institution. Back then, the country was amidst a period of conservative hegemony, which had a marked favouritism for the Catholic Church. The State Council, upon a lawsuit by citizen Luís Fernando Jaramillo, declared: ‘Including the term “God” in the coat of arms of the National Police does not invoke a deity worshipped by the public institution, nor can it be mistaken for theism or any particular religion, but instead highlights ethical values prompting members of this Public Force to serve the community.’ Later on, Order 023 from 2016 attempted to include ‘God and Freedom’ in the coat of arms of Pereira. After a heated debate, the proposal was archived. It is worth noting that the Pereira Atheist Association filed a right to petition arguing that such a change would generate discrimination towards local atheists and infringed on secularism29.

28State Council, First Section, Court Advisor María Elizabeth García González, 5th September 2016, File No 11001-03-24-000-201400573-00. 29CARACOL RADIO. 2nd December 2016. Retrieved (in Spanish) from http://caracol.com.co/emisora/2016/12/02/pereira/1480698974_440215.html 46

Status of Secularism in Colombia

Keys to the City for Jesus Christ Interim Mayoress of Yopal, Luz Marina Cardozo, signed Decree 036 from the 9th of June 2017, ‘via which Yopal is symbolically handed to Our Lord Jesus Christ.30’ The decree mentioned seven verses from the Bible, the authority of the Church and it was declared that civil authorities are so by Jesus Christ orders. Attorney General Fernando Carrillo Flórez warned that the decree was illegal and had to be repealed as it ignored the freedom of worship and equality of religions. ‘All religious convictions are respectable but they are not to be imposed from the exercise of a public role. The intentions had by the Mayoress and her team to issue this decree obey their own internal convictions which ought not to interfere with their public responsibilities. What matters today is that we all hope Yopal manages to escape the evil claws of corruption, following the route of a trustworthy public service which must solely uphold the values established by the Constitution and the law, without any religious connotation whatsoever.31 ’ The decree was later repealed causing much outrage in the news and social media. Soon afterwards, another Mayor of Aguadas (Caldas) Óscar Yonny Zapata Ruíz, also Evangelical, offered his territory to God. Such action was met with a right to petition by the Pereira Atheist Association 32.

Assessment Deficient status at the moment as virtually any civil servant is allowed to arrange for services or prayers to take place and for religious imagery to be installed. Some recent sentences may be potentially helpful as some of the management by the Attorney General Office. In any case, it chiefly relies on citizen surveillance to report, denounce and follow-up on violations to the secular state.

30EL COLOMBIANO. 20th June 2017. ‘Mayoral Office of Yopal gave the keys to the city to Lord Jesus Christ.’ Retrieved (in Spanish from):http://www.elcolombiano.com/colombia/alcaldia-de-yopal-entrego-las-llaves-de-la-ciudad-al-senor-jesucristo-BJ6759210 31ATTORNEY GENERAL OFFICE. 21st June 2017. Bulletin No 484. Retrieved (in Spanish) from:https://www.procuraduria.gov.co/portal/ Yopal-entrega-inconstitucional-.news 32KIENKE. 28th June 2017. ‘Those who don’t believe in handing Aguadas to God.’ Retrieved (in Spanish) from: https://www.kienyke. com/noticias/los-que-no-creen-en-la-entrega-de-aguadas-dios 47

Status of Secularism in Colombia

Chapter 6 Secularism and Public Resources

In a territory with separation of church and state it must be guaranteed that public funds are not directed at religious celebrations or proselytism. Colombia does not subsidise clergymen - as Argentina does - but there are still cases of financial aids going to chapels, massive services and, more recently, gospel concerts under the pretext of defending religious liberties, hand in hand with organised actions by Evangelical and Pentecostal civil servants. The Constitutional Court has made it clear that the most efficient way of ensuring religious neutrality is sidestepping the financing of any religious creed via Sentence C-224/16: ‘For that reason, if a Constitution acknowledges religious liberties, freedom of worship and freedom of conscience, as the 1991 Constitution effectively did, the best way to guarantee said liberties by the State is aiming at its neutrality. The adoption of symbols by the State, the advocacy of a particular religion, the financing of a creed or religious festivity with public funds, end up affecting these religious liberties as it alters the desired equality in which different religions ought to concur.1’ (Emphasis added). The argument according to which it is possible to keep religious neutrality by allowing all religions and confessions has also been ruled out by the Constitutional Court via Sentence C-722 from 2010: ‘It must be clear that, because of the neutrality the State ought to keep, constituted organs must not support or incentivise all of the confessions professed in their territory, nor must they favour any of them arguing they are all being equally treated - or will so in the future. Even though that would be equal treatment, it is far from being neutral, as far from abstaining, it would be promoting religious confessions, going completely against what the Constitution has registered regarding public powers. In this sense, the role of the State must not seek equal results; that would lead to conclusions as contradictory as that within the reams of Secular State roles there could be an inclusion of equally promoting all religions present in the national territory.2 ’ (Emphasis added).

1Sentence C-224/16. Residing Judges: Alejandro Linares Cantillo and Jorge Iván Palacio Palacio. 2Sentence C-766/10. Residing Judge: Humberto Antonio Sierra Porto. 49

Status of Secularism in Colombia

‘No religious images, masses, temples, gospel concerts, religious instruction or papal visits with public funds.’ Manifestation against the use of public funds in religious events. Bogotá, 8th August 2015.

Budget Consignment to the Espinal Cathedral One of the few positive cases stemmed from the constitutional analysis of Law 1402 from 2010 ‘Throughout which the Nation associates to the 50-year celebration of the Espinal3 Diocese and declares its cathedral a national monument’. Article 4. The National Government is hereby authorised to include in the National Budget an item allowing the execution of the necessary construction works for the refurbishment, reparation and conservation of the Espinal Cathedral, located in the municipality of El Espinal, department of Tolima in the application of the National Budget laws posterior to this one. Attorney General Alejandro Ordóñez kept denying the secularism of the State: ‘The Attorney General sustains that the constitutional regulations applicable to this matter are limited to prescribing religious freedom, understood as the prohibition for the State to impose creed-motivated discrimination to the people. Nevertheless, this ruling does not conclude that the State is secular, or that there is a protection mandate for religious pluralism. At most, what is there is a constitutional proviso acknowledging people to have the right to follow any creed. In this sense, constitutional regulations applicable to this case subsume to the state protection of the different creeds, which differs from a secular condition of the state system. Nothing, therefore, stands in the way of the legislator associating to a Catholic religious commemoration as that is incorporated in the aforementioned creed acknowledgment.’ His thesis was overruled: the Constitutional Court rejected his position and made it clear that there was a definite difference between a religious society allowing for freedom of worship, as Colombia was prior to the 1991 Constitution, and a genuinely secular one, and also that the current State model was incompatible with regulations favouring any given denomination. ‘The same jurisprudence has stressed, in terms of neutrality, that it includes the State prohibition to encourage any specific creed or treat it more - or less - favourably. [...] It is likewise contrary to the duty of neutrality for a State activity to be explained or fundamented in exclusive reason of a particular creed or, in general, the advocacy of the religious practice.4’ (Emphasis added). The Law in question ended up being repealed.

3Located 90 miles South-West from Bogotá, El Espinal is an important municipality for the region due to its strategic location (flanked by two major rivers, Magdalena and Coello) and its cultural impact. It is famous for its musical instruments manufacturers and as a tourist attraction. 4Sentence C-817/11. Residing Judge: Luis Ernesto Vargas Silva. 50

Status of Secularism in Colombia

Holy Week Processions Holy Week processions have resulted in calling into question the constitutionality of rules and regulations ordering public funds to be destined in financing them. Outcomes have varied. In Pamplona, Norte de Santander (near the Venezuelan border), Article 8 of Law 1645 from 2013 ordered public funds to be annually allocated to keeping with this religious tradition. Article 5 of that same Law declares the Pamplona Archdiocese and the municipality itself to be generators, agents and promoters for those religious events. That was crucial for the Law to be declared unenforceable: ‘If the State were allowed, in any case, even as protectors of the cultural heritage, to finance or subsidise religious activities, by being public funds involved, public oversight and control committees would be imposed and it would therefore be compulsory to carry out a meticulous monitoring to church activities, as those in charge would be subject to taxing responsibilities and accountable for having administered the treasury. In other words, they could be held responsible (in fiscal, disciplinary or even penal terms), which could result in a sanction, distitution or even prison for the church ministers, which would seriously risk religious liberties and autonomy. Due to the above, the secularism principle guarantees mutual independence between church and state. It is a mechanism to protect the church from public authorities intromision and vice-versa.5’ Nevertheless, Holy Week celebrations in Tunja and Popayán 6 were declared enforceable. For the latter, the Constitutional Court summoned a public audience on the 26th September 2016, which featured Bogotá Atea (Atheist Bogotá). It was argued that organisers were common citizens rather than Catholic clergymen, which allegedly cleared the Catholic Church from receiving or administering public funds, unlike the Pamplona Law. It was also pointed out that this celebration was registered by Unesco. Sentence C-567 from 2016 ratified the law despite magistrate Jorge Iván Palacio Palacio opposing it reaffirming the need to separate church and state.

Gospel Concerts Numerous Evangelical and Pentecostal churches make use of music as a means of worshipping and preaching. Throughout the last decade, a series of Christian music events have been set up across the country, with bands and lyrics selected by pastors, in a clearly religious activity which is nonetheless supported by public funds. Bogotá, Cali, Medellín, Pereira, Bucaramanga, Santa Marta and Villavicencio, among others, have organised gospel concerts which are, in some cases, legally established, - including Bogotá. For all of those, political pastors have been behind these initiatives which clearly breach secularism. Pastor and Councillor Clara Lucía Sandoval arranged the gospel concert in Bogotá, her task being facilitated when Pastor Marco Fidel Ramírez presided the Governmental Commision and kept secularism defenders out of the debate7 on the 6th December 20148 . 5Sentence C-224/16. Residing Judges: Alejandro Linares Cantillo and Jorge Iván Palacio Palacio. 6Both Tunja and Popayán are popular tourist destinations and have had a long-standing Catholic tradition. Their Holy Week celebrations were declared immaterial cultural heritage by Laws 1767/15 and 891/04, respectively. 7 https://youtu.be/D4Hwioso8V4 8 That was the first voting instance. The second one was approved with 30 votes on the 8th of March 2015. The agenda for the latter was not published with enough notice, which again kept secularism activist from taking part of it. 51

Status of Secularism in Colombia

‘If the Almighty wants this event, why is it financed with resources from the Secular State?’ Protester at Bogotá Gospel. 5th August 2012.

No public entity is involved in selecting the participants for Bogotá Gospel, only organisations linked to Charismatic mega-churches. The application, in fact, demands a seal of approval from the local pastor in order to guarantee the act belongs to a Christian church. The 2011 form, for instance, asked each artist to provide: church to which they belong, ministerial vision and ministerial experience. Despite these pieces of evidence, Pastor Sandoval argued that her bill, which would eventually be approved, was a cultural festival rather than a religious one. Eight big-scale gospel performances have hitherto been arranged in Bogotá (2008 - 2017, except for 2013 and 2014). There have also been some supplementary gospel events in different sectors of the city. At Engativá9 Gospel on the 9th of November 2013, the acts were ultimately selected by the Pan-American Church (Faith and Hope Centre). Said church had received a budget from the locality (whose dignitary was the son of the church leader). Even though the Bogotá Atheist and Agnostic Association sent a petition of right to inform that the event breached State Secularism, Deputy Mayor Carlos Naranjo refused to put it off. The event included claims confirming the religious and proselytising character of the gospel performances. Singer Jimmy Barbosa: ‘It’s so brill that these spaces are being opened. A bit sad that [the place] is so empty. The Mayoral Office is really not giving these spaces, leaving gaps. I therefore invite you to be more massive next time, let’s bring friends here. This is a great way to evangelise and bring new people to God.10’ Singer Carlos Bejarano seemed to have similar views: ‘My message is not to let go of this opportunity to glorify the name of God. How many of you agree? Then let’s not waste all these spaces. Don’t forget to spread the Word…’

One of the 20 towns or localities of Bogotá. Engativá has an estimated population of 1,300,000, higher than any city in Colombia except for Bogotá, Medellín and Cali. 10 https://youtu.be/bN_nX-aJ9-g 9

Status of Secularism in Colombia

These breaches to secularism have also taken place in other cities: each instance of Cali Gospel begins with a public reading from the Bible. The official Facebook page of said event - which had the motto ‘Culture of Worship’ - on the 29th October 2017 read: ‘‘The XI Cali Gospel Festival thanks everyone at the Mayoral Office and the Secretary of Culture as well as the City Church and everyone who was part of this celebration (...) but our ultimate goal is for Jesus Christ to be at the absolute centre.’ At the moment of writing this report, there is a suit of civil nullity against the agreement created via Bogotá Gospel, still on-going.

Holy Statue In March 2013, Santander Governor Richard Aguilar ordered a 36-yard religious statue to be built in the municipality of Floridablanca. He alleged the sculpture would be of a ‘Superior Being.’ It was then revealed to be an Image of Christ. The governor travelled to Vatican City to show Pope Francis the sketches in 2014, which generated polemics because of the manifest violation to the secular state the project reflected11 .

The ‘Image of Christ the Most Holy’ cost 60 billion Colombian pesos (£ 15 M).

Aguilar claimed in 2015 that the image did not refer to the Christian Jesus and that it could be related to any deity.

‘It looks like Jesus, Krishna or Zeus.’

He added that the name ‘El Santísimo’ (‘The Most Holy’) was not a religious allusion but instead an abbreviation of ‘El Santandereanísimo’ (department demonym).

Governor Aguilar showing the Pope sketches for the 33-metre (36-yard) tall Image of Christ which allegedly can correspond to ‘any god’.

Source: Governor’s Twitter account @RichardAguilarV

SEMANA, 9th August 2015. ‘Polemic trip from a governor to the Vatican.’ Retrieved (in Spanish) from: http://www.semana.com/nacion/articulo/polemica-por-viaje-de-richard-aguilar-el-vaticano/402140-3 11

Status of Secularism in Colombia

The image cost around US $22,00012 which came from petroleum income on a rare and so far non-repeated peak, in a department having 61 out of 87 municipalities (70%) without potable water13. A writ for protection was filed to oppose the construction of the statue, but it was ruled against the citizen who resorted to it. Later on, in February 2015, the Santander Administrative Court ordered for the project to change its name and reimburse the expenses to the municipality14 , but said decision was ultimately reverted15 as there had been a Constitutional Court ruling endorsing the writ initially interposed.

Temple Reconstruction Temples are church properties and, as such, each faith community ought to keep vigil over their construction and maintenance. There have been cases, however, in which the Catholic Church has demanded and achieved for temples destroyed by natural catastrophes or accidents to be rebuilt with public funds. The temple of Gramalote, Norte de Santander, as well as the town itself, had to be relocated because of landslides. In March 2014 it was decided that the temple would not be reconstructed with public funds, generating strong pressure by the local clergy who, led by Archbishop Luis Madrid Merlano, requested President Juan Manuel Santos for the State to cover the expenses: ‘Mr President may be wondering about this encounter. The answer is painful. Now that the new Gramalote is to be reconstructed, the Church does not exist. The biggest losses: the temple, parish house, the Sacred Heart school which belonged to Bethlemite Sisters, the monastery and its adjacent temple; the biggest victims, I insist: the Church, which cannot be left unsupported. There shall not be convent, nor parish, nor temple.16 ’ Archbishop Merlano never admitted that the church properties are their own responsibility or that his demand was a request for privileges. The President soon agreed and the Catholic temple was added to the list of properties to be rebuilt with public funds17 . In December 2016 a Catholic temple was destroyed by a fire in Quinchía, Risaralda (Coffee Axis). Governor Sigifredo Salazar, Mayor Jorge Alberto Uribe and Bishop Rigoberto Corredor committed themselves to order its reconstruction18 . Despite a right to petition being filed by the Pereira Atheist Association, the process is still on-going and Catholic filigrees are currently congregating in a facility provided by local authorities.

12EL TIEMPO. 8th July 2015. ‘The Most Holy exalted the virtues of Santander.’ Retrieved (in Spanish) from: http://www.eltiempo.com/archivo/documento/CMS-16065116 13VANGUARDIA. 7th April 2016. ‘Only 26 Santander municipalities have drinkable water.’ Retrieved (in Spanish) from http://www.vanguardia.com/ area-metropolitana/bucaramanga/353628-solo-26-municipios-de-santander-tienen-agua-apta-para-su-consu 14VANGUARDIA. 3rd February 2015. ‘Santander Administrative Court orders “El Santísimo” project to change its name.’ Retrieved (in Spanish) from:http://www.vanguardia.com/politica/297712-tribunal-administrativo-de-santander-ordena-cambiar-nombre-del-proyecto-el-santisimo 15VANGUARDIA. 25th November 2015. ‘State Council ruled in favour of the Government for El Santísimo.’ Retrieved (in Spanish) from: http://www. vanguardia.com/politica/337326-consejo-de-estado-fallo-a-favor-de-la-gobernacion-por-cerro-del-santisimo 16 VANGUARDIA. 29th January 2015. ‘No church upon reconstruction of new Gramalote being initiated.’ Retrieved (in Spanish) from:http://www. vanguardia.com/actualidad/colombia/297045-al-iniciarse-la-reconstruccion-del-nuevo-gramalote-la-iglesia-no-existe 17DE AVANZADA. 31st January 2014. ‘State will pay for Gramalote reconstruction.’ Retrieved (in Spanish) from:http://de-avanzada.blogspot.com. co/2014/01/Gramalote.html 18CARACOL RADIO. 18th December 2016. ‘Authorities committed themselves to rebuild Quinchía Church.’ Retrieved (in Spanish) from: http://caracol.com.co/emisora/2016/12/18/pereira/1482067024_665200.html

Status of Secularism in Colombia

Visit to Colombia by Pope Francis Special mention to Pope Francis’ visit to Colombia in September 2017, which made a big impact on public finances, in an event labelled an ‘apostolic visit’ by the very Episcopal Conference. It is estimated that the visit generated US$ 1.5 M in expenses, half of which were covered by the State19 . Mayor of Bogotá, Enrique Peñalosa, appointed Ignacio de Guzmán as manager for the papal visit. The latter revealed that the city destined COP $ 15 B (US $ 5 M), distributed thusly: COP $ 6 B in logistics for the mass (scenery, screens, sound); COP $ 4 B on 10,000 police officers; and COP $1.2 B on outpatient clinics and other operations20 . The mass took place at Simon Bolívar Park, a district venue often used for events attracting big crowds, estimates varying between 30,000 and 100,000.

Bible Day in Pueblo Bello, Cesar As informed in the Colombia Licita (Legal Colombia) website, in the municipality of Pueblo Bello, Cesar (North of the country, near the Caribbean coast), 20 million pesos (ca US $6,700) were destined to commemorate Bible Day21 via a ‘contract for services for the coordination and logistic support to celebrate Bible Day’. The entity which received the funds was the ‘Christian Social Foundation Sowing the Good Seed’ and the religious event took place on the 26th of October 2017. Bible Day in that town routinely takes place in that month, year after year.

Spiritual Counsel and Shaman In August 2011 the Government hired a shaman for the U-20 Football World Cup final. The recruitment was made by the District Institute of Recreation and Sports. At that moment, the director of the Iber-American Theatre Festival of Bogotá, Ana Marta de Pizarro, claimed this contracting had been ‘fundamental’ for the success of the event22 . The end of 2017 came with the news that President Juan Manuel Santos had headhunted Jesuit Priest Alfonso Llano Escobar as a consultant for civil servants and to celebrate eucharists and novenas23 . The priest was reportedly paid COP $ 50,000,000 (US $ 16,500)24 .

Assessment Critical situation at the moment since Evangelical fundamentalist groups are making use of direct vote positions to organise worshipping activities with public funds. The Catholic sector has also favoured and financed religious activities with public resources. Secular groups ought to be watchful and denounce any breach which may take place.

19EL ESPECTADOR. 5th July 2017. ‘What Pope Francis’ visit to Colombia will cost.’ Retrieved (in Spanish) from:https://www.elespectador.com/ economia/lo-que-costara-la-visita-del-papa-francisco-colombia-articulo-706623 20RCN News. 15th August 2017. ‘How much will Pope Francis’ visit cost to Bogotá?’ Retrieved (in Spanish) from:http://www.noticiasrcn.com/nacional-visita-del-papa-colombia-bogota/cuanto-costara-visita-del-papa-francisco-bogota 21https://colombialicita.com/licitacion/57230786 22EL ESPECTADOR. 17th January 2012. ‘Shaman recruitment to prevent rain on World Cup closing ceremony was central.’ Retrieved (in Spanish) from:https://www.elespectador.com/noticias/bogota/contrato-de-chaman-no-lloviera-cierre-del-mundial-era-c-articulo-321399 23It is a long-standing tradition in Colombia to get together every evening from the 16th of December until Christmas Eve in what is known as ‘novenas.’ They share some common prayers, a few bespoke ones for each day and carols are sung. It usually includes some traditional Colombian Christmas food and is seen as a social occasion. Families, workplaces and groups of friends tend to arrange said ‘novenas’, often rotating the role of the hosts throughout the nine days. 24 W RADIO. 29th November 2017. ‘Polemics: Should the presidency keep hiring a priest as a spiritual guide?’ Retrieved (in Spanish) from http:// www.wradio.com.co/noticias/actualidad/polemica-la-presidencia-debe-seguir-contratando-a-un-sacerdote-como-guia-espiritual/20171129/ nota/3651070.aspx

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Chapter 7 Secularism and Education Syllabus free of religious indoctrination

Public school environments free of religious celebrations

State neutrality in terms of religious confessions entails the public school to be secular, leaving religion as a matter for every parent or caretaker to deal with. Public school in a Secular State must not promote or adhere, prefer or proselytise towards any given denomination. In some territories with a long-standing secular tradition - such as France, Mexico and Uruguay - preclude religion from the school syllabus and there are neither religious acts nor symbols at educational institutions. In Colombia, the Catholic Church influence on education was declared unconstitutional when the Constitutional Court revised the Concordat between Colombia and the Vatican via Sentence 027/93.

‘Our Lady of the Sacred Heart’ Procession by Delia Zapata Public School students alongside Tertiaries from Gospel Heralds branch Virgin Knights. Bogotá, May 2013. Source: https://terciariosbogota.blog.arautos.org/2013/05/visita-al-colegio-distrital-delia-zapata/

Status of Secularism in Colombia

Religion as a Syllabus Subject Education in Colombia became decentralised in 1850 and twenty years later it was ordered for public primary school to be free, mandatory and secular. The 1886 Constitution and the 1887 Concordat (i.e. Pact with the Holy See) backpedalled it to be regulated by the Catholic Church (it also stopped being compulsory). Five years later, it was ruled that the central government would supervise it. Nowadays, it is clear that nobody must be forced to receive religious instruction in public academic institutions1 , and even though it is to be offered in all schools2 , it is stressed that it is not compulsory3 and that students or their guardians can legally manifest their intention not to be taught religion in public schools4 , which ought to have foreseen and arranged in advance (via their Institutional Educational Projects) for alternative activities for those cases5 . It is, alas, still the case in most rural areas and minor cities for the syllabus and the public acts to be strongly linked to Catholicism completely ignoring the Secular State declaration. The law and the Constitution may say otherwise, but in practice it is far from being a reality. Secular NGOâ&#x20AC;&#x2122;s are constantly being told by students, teachers and guardians that: 1) Religious education is still largely confessional and Catholic in a significant amount of institutions, especially in primary. 2) Most public institutions lack the alternate plan established by Decree 4500 from 2006, often even ignoring its existence. 3) The situation is even more unsettling in concession schools (public institutions which are privately administered), as they are usually ruled by religious communities. 4) Public religious ceremonies (masses, prayers and chants) are still routinely taking place at public schools, sometimes with mandatory attendance and observance. 5) Despite the law, students wishing to be exonerated from religious tutoring are facing an uphill battle considering the lack of diffusion of said regulations, the lack of alternative activities and the (sometimes overt) ostracism they face as being labelled â&#x20AC;&#x2DC;evilâ&#x20AC;&#x2122; for not wanting to comply with Catholic instruction. The main focus of religious modules varies largely and often depends on the institution or on the lecturer - and their own previous training6 - in question. Sometimes they use the Colombian Episcopal Conference standards, which include three main approaches as of their 2014 edition: Biblical: Christological: Eclessiastical:

Old Testament, religious experience of Israel, preparation. New Testament, apostles, early Christianity, gospels. Post-Biblical history, Church traditions, modern times

Article 68 of the 1991 Constitution (still in force). Law 115 from 1994, Article 23. 3 Law 115 from 1994, Article 24. 4 Law 133 from 1994 (Article 6, Literal h). 5 Decree 4500 from 2015 (Article 5). 6 Traditionally, teachers who went to public schools tend to favour comparative religion as an approach, whilst those who went to private ones (which are often led and/or owned by religious groups) tend to use the lessons as Catholic catechism and evangelisation. 1

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In-depth research is scarce but Beltrán (2010) found some alarming figures: 39.4% of lecturers revealed public school religious education to be confessional. About 25% of atheist students and 15% of non-Catholic students manifested their tutors showed preference for learners who shared their creed (which was mostly Catholic [81.2%] followed by Evangelical [6.6%] and then Adventist [4.5%]). In preparing for this inform, Bogotá Atea (Atheist Bogotá) has found a number of cases in which Catholicism keeps being favoured. Public school Laura Vicuña in the city of Santa Marta described its approach as: ‘[...] students in a situation of search or doubt will be able to discover, thanks to Scholar Religious Education, what faith in Jesus Christ genuinely is, what the Church answers to their inquiries actually are, thus providing them with the opportunity of reflecting better on the decision they must make. When students are non-believers, Religious Education assumes the form of a missionary Gospel announcement as ordered by a choice of faith; and catechesis, by its side, in a community context, will help them grow and mature as people, within a community. [...] [Objective No 2 consists of] acquiring an objective and systematic the essential contents of Catholicism and its most significant implementations on the life of the person, the family and society7. ’ (Emphasis added). Another public school, this one in Bello, Antioquia (near Medellín), gave a report in 2014 which included a piece of feedback which read ‘the student finds it difficult to accept Jesus as the sole Saviour of the world.’ A year later, atheist student Cristian Villamizar opted out of the religious module at the school he was attending (Dámaso Zapata in Bucaramanga, which had previously been administered by a religious order via a concession) and requested to abstain from having to stand up for prayer during lessons8 . His decision was prompted by the fact the tutor had instructed students to keep clear from any explanation on the origins of the universe or the human being which did not mention God. After repeated attempts from his father to get the school to accept the situation, the child was able to continue his education. Yet another case took place in Pitalito, Huila, in 2017: a parent provided evidence from a school report and a notebook confirming his son was assessed on whether he comprehended ‘the Bible to be the written testimony of God’s love’ and was ‘interested in recognising it’ and was commanded to receive instruction with a clear Catholic inclination, including the central importance given to the Virgin Mary (a major difference with other forms of Christianity).

7LAURA VICUÑA DISTRICT ACADEMIC INSTITUTION. 2001. ‘Plan for the subject of religious education.’ Retrieved (in Spanish) from https://planesdearea2011.wikispaces.com/file/view/EDUCACION+RELIGIOSA.pdf 8Starting off lessons with prayer (usually of the Catholic kind) is remarkably common in public schools across the country, even when the lessons in question have nothing to do with religion. 59

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Religious Ceremonies at Public Schools Another important point to highlight is the prevalence of religious celebrations in public academic institutions. The most common rites are Catholic and include masses, first communion catechism, Ash Wednesday and, less commonly, processions of religious imagery. These acts imply a clear identification with Catholicism and downgrades students and teachers who happen to be of a different denomination, including non-religious ones.

Ash marking at Rafael Delgado Salguero Public School9 . Bogotá, 18th February 2015.

The aforementioned study by Beltán (2010) revealed that 13.1% of public school students and 23.4% of private school10 students had felt forced to take part of religious acts organised by the institutions they were attending, regardless of whether they followed a different religion or none at all. Masses and first communion catechism were amongst the most common rites. A number of recent cases are worth denouncing here: District School Gabriel Betancourt Mejía in Bogotá had made it compulsory for primary students to wait for their parents while kneeling down to an image of the Virgin Mary. A concerned parent asked for this activity to stop for his daughter, resulting in the teacher picking on her and insisting she would fail the academic year. Upon moving her to another group, the harassment continued and a writ for protection was required11. Another primary school girl, Nicol García, faced some problems at her school in Cúcuta for being Protestant. The school, ‘Mary, Help of Christians’, was on a concession which meant it was public in nature but privately administered, and the headmistress claimed the child was offending Catholicism and proselytising by claiming Mary had not been a virgin and telling her classmates not to believe in the Holy Spirit12 . Overlooking the Secular State, evidently, not only affects atheist or agnostic individuals, but also those who believe in religions other than the majority. 9http://colegio.redp.edu.co/rafaeldelgados/index.php?option=com_content&view=article&id=152:miercoles-de-ceniza&Itemid=237&lang=es 10Private schools in Colombia are legally allowed to arrange and perform religious ceremonies but not to compel any student or teacher to be part of them. 11EL ESPECTADOR. 11th February 2015. ‘The agony of an atheist family.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/judicial/el-calvario-de-una-familia-atea-articulo-543360 12LA OPINIÓN. 27th May 2016. ‘Protest over child “not being able to” profess her religion at school.’ Retrieved (in Spanish) from: https://www.laopinion.com.co/cucuta/protesta-porque-su-hija-no-le-permiten-profesar-su-religion-en-escuela-112545#OP 60

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Rosary prayer at Francis de Sales Public School in Cúcuta. May 2017.

Also in Cúcuta (at Francis de Sales School), secondary school seniors reported they were all compelled to build an altar for Virgin Mary in each classroom, to take part of masses - which took place at a nearby Catholic temple - and to start off each lesson with prayer. For one of the altars, each student - Catholic or not - was asked to contribute financially. A student voiced his discontent at having to go to church but his request to be exempted was denied; next time two classmates joined him and they collectively suggested they read a science book instead, but it was again denied - they were told to stay reading the Bible. A third attempt was made by another student via a right to petition and that one did receive a response by Headmaster Pedro Julio Pezzotti: ‘The Educational Institution St Francis de Sales is a public and Catholic school, which has had a Salesian tradition, celebrating Mary, Help of Christians in May and hosting acts of dignification of which the entire academic community should take part by ornamenting the classrooms with altars and allusions to life values. Each student chips in for that.’ Despite the student pointing out that said actions were unconstitutional, his request was denied and he was told in no uncertain terms that he could look for a different school if he did not agree with their view. Note that this situation did not only affect atheist and agnostic learners, but also Protestants, Jehovah’s Witnesses and others, some of whom had repeatedly complained about having to contribute monetarily to altars to a figure they did not worship. A right to petition was then presented to the Ministry of National Education but the reply was late, underestimated the seriousness of the infringement and refused to reprimand the institution. At the moment of writing this report, the process has now been taken to a writ for protection.

Breach of secularism at Francis de Sales Public School: a. Procession honouring the Virgin Mary in May. b. Altar in a classroom. c. Religious act honouring Mary, Help of Christians. d. Mass at a nearby church, where all students are taken. Cúcuta, 2017. 61

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The school website includes a series of religious recommendations under the title of ‘Marian Challenges13 ,’ which comprise praying for priesthood vocations and the conversion of sinners, take communion, participating in celebrations in honour of Mary, Help of Christians and visiting the Holy Sacrament. At that same school there was a small altercation in another class when a student, as an act of protest, placed next to the statue of Virgin Mary a paperback of Carl Sagan’s ‘The Demon-Haunted World.’ Just like prayer had been ordered at all schools in Cartagena (see Chapter 5), an institution in Fusagasugá (34 miles from Bogotá) used to schedule mandatory Catholic masses and for prayer to initiate meetings and activities, well into 2016. A tutor, Nancy Rocío Pinzón Ramírez, member of the Church of God Ministry of Jesus Christ International, requested other activities to focus on instead of the eucharist but her plea was ignored and the Director of Studies threatened to penalise her with an unjustified absence should she refrain from taking part of the Catholic rite. The headmaster then told her in writing that she was required during the mass in order to watch over the students, not to actually observe the rite. He then told her her supervision assessment could be affected by her attitude and when she filed a writ for protection, it was initially denied as according to the judge, ‘she had not been forced to practise Catholicism.’ The Constitutional Court then took over the case: ‘(...) there is a lack of awareness of the principle of Secularism and the duty of neutrality of the State in religious matters, by Municipal School Carlos Lozano & Lozano, which reflects there still is a threat of infringement, not just regarding freedom of worship and conscience by the plaintiff, but also to the entirety of the academic community. (...) Evidentiary documentation includes a written notice, dated 29th November 2016, in which the headmaster claims that all parents, students, teachers and administrative staff are publicly informed that the institution is public and Catholic. [...] Such a statement violates the principle of secularism and the duty of religious neutrality by the Colombian State, which ought to be upheld across all governmental institutions. For this reason, it is forbidden to any public school to adhere to a religion or favour any denomination above all others.14 ’ The Court has manifested that religious events in academic institutions are not unconstitutional per se, as they are contemplated by Decree 4500 from 2006 (Article 5), but it is clear that public schools have their right limited by the principle of State Secularism: ‘(...) the Constitutional Court has sustained that State neutrality in religious matters is contrary to the activity of sponsoring or promoting any religion, as the expected role by public institutions in a Secular State, as per all the competences assigned to each of them, consists of providing all guarantees for different religious confessions to have the legal framework and the factual context to disseminate their contents without any direct intervention from the State, as agreed by the European Human Rights Court. (...) religious-related activities developed by the State have to be focused solely on establishing the judicial and factual elements guaranteeing freedom of conscience, religion and worship of the people, without any legal grounds for public roles to merge with those of religious institutions, such as those tending to their ideology, promotion or spread. On the contrary, it cannot be the role of the State to promote, sponsor, encourage, favour or perform any activity which advocates any religious confession practised within the territory.15 ’ 13https://iesanfranciscodesales.edu.co/portal/galeria/?wppa-occur=1&wppa-cover=0&wppa-album=5 14Sentence T-524/17. Residing Judge: Antonio José Lizarazo Ocampo 15Sentence C-766/10. Residing Judge: Humberto Antonio Sierra Porto. 62

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Students at the Floridablanca Public School, Bogotá, at the end of the month devoted to the Virgin Mary, May 2017. Source: https://floridablancafuenteinformativa.wordpress.com/2010/06/03/¡virgen-maria/

Private schools also have their share of unlawful discrimination: Educational Centre Aures in Barranquilla headquartered a clear case of bullying against student William Triana in August 2016. Triana identified as agnostic and then came out as homosexual, prompting the school coordinator to publicly humiliate him. With the help of the NGO Caribe Afirmativo (Affirmative Caribbean), a writ for protection was filed and the school was ordered to uphold the freedom of worship and not to compel him - or anybody else, for that matter - to take part of prayer and canticles16 .

Clerical Desire to Have an Influence on Public Schools Even though the Catholic Church used to hold a major influence on education, it is largely limited nowadays. An attempt has been recorded in recent history and it failed: a local parishioner and some parents complained in April 2016 about a school lecturer in the countryside who taught philosophy and whose lesson they wanted to censor because students were questioning religion17 . The tutor in question, Miguel Trujillo, declined to sign the act proposal banning his module and he received governmental protection partly due to the action of a number of atheist, agnostic and freethinkers organisations across the country, who filed a right to petition and the unlawful Catholic intromission came to a halt. Clergymen from different denominations have voiced their preoccupation on both the lack of religious education and the contents of sex-ed modules in public schools. A study, conducted by the Secretary of Government and the National University in 2015 reflected their discontent18.

16SIN DIOSES. 6th August 2016. ‘Student discriminated in Barranquilla for being agnostic and gay.’ Retrieved (in Spanish) from http://blog-sin-dioses.blogspot.com.co/2016/08/estudiante-discriminado-por-ser.html 17LA NACIÓN. 16th April 2016. ‘A teacher in between atheism, philosophy and discord.’ Retrieved (in Spanish) from:http://www. lanacion.com.co/component/k2/item/269390-un-profesor-entre-el-ateismo-la-filosofia-y-la-discordia 18Re-published at: http://blog-sin-dioses.blogspot.com.co/2016/04/pueblo-contra-profesor-ateo.html Quantitative indicators: intolerance, discrimination and religious persecution, and social projects by religious communities in Bogotá.Inter-Administrative Convention No 1346 from 2015. Persons in charge: William Mauricio Beltrán, Mardory Llanos, Miguel Ángel Suárez - Secretary of Government. 63

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Table 3

Table 4

The main concern by secular activists is for clergymen desires to result in religion being involved in public education under the guise of preventing or opposing religious discrimination. Arguing to be encouraging ‘respect for religious ideas and beliefs’ they may end up censoring sceptical perspectives as well as freedom of speech.

National Learning Service Board Law 119 from 1994 stipulated that the board at the National Learning Service (a major local trade school) had to include a representative of the Episcopalian Conference. Both the Bogotá Atheist Association and Bogotá Atea (Atheist Bogotá) intervened in behalf of civil society before the Constitutional Court. The case was analysed in late 201619 and the Court determined: 18Quantitative indicators: intolerance, discrimination and religious persecution, and social projects by religious communities in Bogotá.Inter-Administrative Convention No 1346 from 2015. Persons in charge: William Mauricio Beltrán, Mardory Llanos, Miguel Ángel Suárez - Secretary of Government. 19W RADIO. 30th November 2016. ‘Court knocks down church participation in National Learning Service Board.’ Retrieved (in Spanish) from:http://www.wradio.com.co/noticias/actualidad/corte-tumba-participacion-de-la-iglesia-en-los-consejos-directivos-del-sena/20161130/nota/3318669.aspx 64

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‘It must be concluded that the inclusion of an Episcopalian Conference in the national and regional National Learning Service boards, as stipulated on Numeral 4 from Article 7 and Numeral 2 from Article 8 of Law 119 from 1994, goes against the secular nature of the Colombian State, not just in terms of the intent by the legislator by upholding said regulations, spreading Catholic values and Christian justice via education, but also because of the confusion or symbolic bonding of public functions and religious activities. It is, consequently, a measure that generates an unconstitutional approach regarding a church, to the detriment of all other legally recognised ones and overpasses, for this reason, the terms of equal treatment by the State to different religious confessions.20 ’ (Emphasis added).

Assessment In general terms, what Atheist Bogotá and the Bogotá Atheist Association have found is that respect for secularism in public schools depends entirely on the will of the heads or sometimes even the teachers. Very rarely do institutions instruct church/state separation, nor does the Ministry of Education get directly involved. Non-sectarian management of religion in school syllabi and guaranteeing school environments free of religious celebrations are deficient points in Colombia at the moment.

20Sentence C-664/16. Residing Judge: Alejandro Linares Cantillo. 65

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Chapter 8 Secularism and Freedom of Speech

In Colombia, the Catholic Church used to influence what art was allowed to express. Decree 1355 from 1970 asked for a spokesperson of the Archdiocese of Bogotá to be part of the Film Committee, but it was deemed unenforceable by the Constitutional Court via Sentence C-1174/04, adducing the secular character of the Colombian State: ‘The accused regulation does not satisfactorily curb questioning on the ultimate intent of the compulsory inclusion of the Catholic Curia in the Film Committee as, first of all, the response is none other than intending to privilege the particular social order and moral vision that this religion denomination has, which is unacceptable in the light of the principles supporting the Colombian State as a Secular State. Moreover, second of all, Article 19 of the Constitution does not find bedding in the described situation as the right contained within implies the correlative obligation of the State to forbid the legal establishment of any particular religious view. The situation also turns out to oppose the Constitution, as seen from the aforementioned Article 19 together with Articles 1 to 10 of Statutory Law 133 from 1994, from which a prohibition stems for all participative prerogative to provide religious confessions with the opportunity to impose their vision and the value of the doctrine they preach, as in a Secular State it is clear that the foremost values imposed are those of tolerance and plurality. On the other hand, any infringement on religious equality via rules or guidelines facilitating the imposition of any determinate and particular religious vision, does not find any justification whatsoever in the integral development of Article 19 as it acknowledges respect for the diversity of religious creeds. 1’ Despite the verdict above, there have been attempts to censor artistic pieces claiming they offend religious sensitivities. Evangelical sectors have also resorted to the argument of defending [Christian] morality or values, or, again, hurt feelings in order to ban Halloween, videos, concerts and so on.

SoHo Hoardings Founded in 1999, SoHo is a local men’s magazine which is widely distributed in a number of Latin American territories. It has often been the target of religious and conservative vitriol because of its cover photos, which tend to portray (partially or fully) nude Colombian female models, actresses and socialites. In July 2013, Evangelical Councillor Marco Fidel Ramírez advocated for hoardings from SoHo to be removed because, according to him, they were pornographic and immoral2 .

1Sentence 1174/04. Residing Judge: Humberto Antonio Sierra Porto 2EL ESPECTADOR. 25th July 2013. ‘“Bogotá is not a church,” said to the councillor seeking to ban SoHo billboards.’ Retrieved (in Spanish) from https://www.elespectador.com/noticias/bogota/bogota-no-una-iglesia-dicen-concejal-busca-prohibir-val-articulo-435943 67

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Councillor Roberto Sáenz opposed and deemed the Pastor’s initiative ‘obscurantist’. ‘I hereby manifest my vertical opposition to the free speech forestalling attempt promoted by some councillors from political-religious stances which breach the Constitution and the Law. These councillors want to impose in Bogotá a series of practices and believes which, though sensible within the parishes they lead, seriously infringe upon civil liberties in a Secular State. Neither is the Council a pulpit, nor is Bogotá a church. These are stances which stigmatise the new citizenry and introduce dangerous dynamics for those of us who encourage them.’ Ramírez then accused Sáenz of being a ‘junkie.’ The former’s initiative ultimately failed.

Motion to Ban Halloween It was once again Evangelical Councillor Ramírez who pitched a free speech constraint on the citizens, by urging Halloween 2013 to be banned in Bogotá because it was allegedly a diabolical celebration introducing minors to Satanism and witchcraft, besides exposing them to threats of being abducted, intoxicated or used in devil worship sacrifices3 . The Pastor told the press: ‘We all know this celebration is solely utilised to encourage Satanic rituals across the city, decorating it with skulls, skeletons and witches. Those are nothing but an open worship to Satanism, witchcraft and occultism but it’s being disguised as recreation, and it’s nothing more than a manifestation of devil worship which is not in the kids’ best interest4. ’ There was no formal bill draft delivered to the Council of Bogotá.

Motion to Ban a Video by Shakira Evangelical Councillor Marco Fidel Ramírez redirected his contempt towards a music video, ‘Can’t Remember to Forget You’, by Colombian singer/songwriter Shakira, featuring Barbadian artist Rihanna. Councillor Ramírez claimed the video was cajoling towards lesbianism and tobaccoism5 . ‘It evidently defies elemental guidelines of respect, decency and dignity with boys and girls. It’s a blatant publicity for tobaccoism, lesbianism and immorality and it’s not the message that benefits boys and girls.6’ The Pastor/Councillor consequently sent a request in writing to the National Television Authority asking for the video not to be broadcast in the country. It did not bear fruit.

3EL ESPECTADOR. 30th October 2013. ‘Motion to ban Halloween in Bogotá for deeming it diabolical.’ Retrieved (in Spanish) from https://www. elespectador.com/noticias/bogota/considerarla-diabolica-piden-abolir-fiesta-de-halloween-articulo-455578 4 SEMANA. 30th October 2013. ‘“Halloween is nothing but devil worship”: Marco Fidel Ramírez.’ Retrieved (in Spanish) from http://www.semana. com/nacion/articulo/el-halloween-no-es-mas-que-un-culto-al-diablo-marco-fidel-ramirez/362977-3 5AMERICA TV. 4th February 2014. ‘Colombian politician asked for Shakira/Rihanna video to be banned. “It’s an apology to lesbianism”.’ Retrieved (in Spanish) from http://www.americatv.com.pe/noticias/espectaculos/politico-colombiano-pidio-prohibir-el-video-de-shakira-y-rihanna-es-una-apologia-al-lesbianismo-n127272 6 EL PAÍS. 3rd February 2014. ‘Christian Councillor wants to veto video by Shakira and Rihanna.’ Retrieved (in Spanish) from http://www.elpais.com. co/entretenimiento/concejal-cristiano-quiere-vetar-video-de-shakira-y-rihanna-en-colombia.html 7EL ESPECTADOR. 21st March 2017. ‘The “Family Councillor” strikes again: now launching against “Beauty and the Beast”.’ Retrieved (in Spanish) from https://www.elespectador.com/noticias/bogota/otra-mas-del-concejal-de-la-familia-ahora-la-emprende-contra-la-bella-y-la-bestia-articulo-685681

Status of Secularism in Colombia

His next target was the 2017 adaptation of ‘Beauty and the Beast,’ which allegedly contained ‘homosexual propaganda directed to minors.7’ This time, however, his complaints were limited to social media and there was no legal action to keep the film from being projected8 .

Concealed Women The exhibit ‘Concealed Women’ by artist María Eugenia Trujillo was meant to premiere on the 28th August 2014, but it was called off after magistrates Nelly Villamizar and Alberto Álvarez issued a provisional order provoked by 75 writs for protection alleging the exhibit breached Article 19 of the Constitution (which guaranteed freedom of religion). The display featured pieces similar to pyxes holding vaginas and other parts of the female anatomy, including eyes according to the artist. A pyx is a container for the host used in the Catholic Eucharist. As Colombia is predominantly Catholic, that choice was deemed inflammatory by large sectors of the population, who deem it sacred for allegedly containing the body of Christ, literally rather than symbolically. The group ‘Voto Ctólico (Catholic Vote)’, which aided the censorship, declared: ‘This exposition is, intentionally, an act of symbolic violence against the Catholic community and an open insult to God. [...] The author acknowledges to be using the pyx, an archetypal Catholic symbol, precisely for its sacred status, in order to profanate it. The pyx or custodia is the object created to ostend the Holy Sacrament to the faithful and their adoration. The consecrated bread placed in a golden or silver crescent is Christ Himself in the flesh. (...) The author of this exhibit isn’t placing ‘a vagina in the pyx location reserved to man,’ but putting a vagina in the place us Catholics have created for God. 9’

Three pieces of the exhibit censored by Catholics. Source: Arkadia

The exhibit was initially suspended but the decision was later refuted by the Ministry of Culture: ‘[The display] recreates different parts of the female body in artistic pieces which resemble pyxes, latticework and mannequins, to portray the historical subjugation and mistreatment women have been subjected to for centuries. It is an invitation to reflect around the meaning of the body, which ought to be respected, protected and safeguarded as sacred.’

8 It did get censored, however, in territories with Islamic majority such as Malaysia and Kuwait. 9 VOTO CATÓLICO (CATHOLIC VOTE). 20th August 2014. ‘Why the “Concealed Women” exposition is a violent aggression against the Catholic faith and an insult to God.’ Retrieved (in Spanish) from http://www.votocatolico.co/2014/08/por-que-la-exposicion-mujeres-ocultas.html 69

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The State Council Second Section denied, in second instance, the writ intending to keep the exhibit from taking place10 and recalled the secular nature of the State11 . Intolerance to Criticism There have been instances of believers refusing to accept criticism to their leaders or churches and claimed to have felt offended, with police officers either allowing or requesting free speech to be restrained: On the 5th of August 2012 members of the Atheist Association led an NVR against a gospel performance which had been financed with public funds. A number of devotees abruptly and crossly ripped the posters supporting the Secular State and the Police, rather than admonishing the aggressors, requested the protesters for their ID and then asked them to leave. It is worth pointing out that manifestations taking place from then on have been uneventful and mayoral service staff have ensured NVR’s to take place without any major difficulties.

Poster torn by Gospel 2012 attendees.

During the 2014 LGBTI pride parade, members of the Atheist Association were supplying the public with flyers which contained criticism to the Church, which prompted a Police officer to approach them and ask them not to hand them anymore. It was explained to him that delivering those leaflets was free speech, to which the officer replied it could make some Catholics feel uneasy. He ultimately greenlit their distribution. There was a silent vigil at Castilla Park in Kennedy (South-West Bogotá) on the 18th October 2015, protesting the inappropriate use given to it by Catholic Priest Jesús Orjuela (the case shall be further developed in Chapter 13: Secularism and Respect from Churches to Environmental, Urbanistic and Public Space Regulations). Some filigrees violently snatched and tore handouts which requested public space not to be misused and noise pollution to be averted. In such occasion Police forces refused to stop any aggression. Quoting an officer, the protesters ‘were picking on something holy: the Church.’

10 EL TIEMPO. 27th November 2014. ‘Catholics lose legal battle to veto “Concealed Women”.’ Retrieved (in Spanish) from http:// www.eltiempo.com/archivo/documento/CMS-14895755 11 Sentence No 25000-23-36-000-2014-01240-01, State Council - Administrative Contentious Plenary Session Lounge - Second Section, 30th October 2014. 70

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Protesters being attacked by Divine Mercy filigrees. 18th October 2015.

The Inter-Religious Council qualified the incident as a violation to the freedom of worship of the believers who were occupying the public space and did not issue any statemetn on the freedom of speech of the protesters. ‘Even though the protesters have prevailing legal support (there is an order by the District Institute of Parks and Recreation expressly banning the Divine Mercy parishioner from using the neighbourhood park for religious acts), the Colombian Inter-Religious Council considers that protesters deliberately provoked the filigrees to react violently by displaying handouts with the slogan “the park is for playing, not for praying” amidst the celebration of worshipping act, thus breaching a right which stems from religious freedom (Law 133 from 1994, Article 6, Paragraph b)12 . It is worth pointing out that the protesters at the aforementioned vigil were located in the back of the crowd, in the public space and had previously informed the Police that they would be carrying out an NVR.

Secular Music Veto during Holy Week in Marinilla13 Mayor of Marinilla, Edgar Augusto Villegas Ramírez, declared he would allow ‘Holy Week to be lived more peacefully’ via a Decree 060 from the 8th of March 2016, which read ‘Music shall be hereby forbidden from commercial establishments open to the public in the municipality of Marinilla, Antioquia, during Holy Week.14’ The decree further imposed sanctions to those failing to uphold the bylaw, including shutting down the business and imposing a number of fines up to five monthly minimum wages 15. Secretary of Government León René Orozco claimed the measure involved the entirety of the town rather than solely businesses which happened to surround the various Catholic temples. He went on to justify it by stating it was meant to ‘guarantee communities other than commercial ones be able to make use of the cultural and religious spaces offered by the town in different conditions to those which are usually generated.’ Councillor Gustavo García and the Antioquia Freethinkers, Atheists and Agnostics Association sued the decree as it opposed the Secular State in August 2016 16. A concession was made to repeal the article, which was then accepted by Court 36 from the Medellín Oral Circuit.

12Report on Religious Freedom Status in Colombia. 2015. p. 35. 13 Located less than 30 miles from Medellín, the municipality of Marinilla was declared a national heritage monument by Decree 264 from 12th February 1963. It is a famous tourist attraction and it holds a number of churches as well as a museum holding over 2,700 crucifixes. 14 EL COLOMBIANO. 16th March 2016. ‘There will not be music during Holy Week celebrations in Marinilla.’ Retrieved (in Spanish) fromhttp://www. elcolombiano.com/antioquia/marinilla-prohibio-la-musica-para-que-feligreses-puedan-rezar-IB3762497 15 Roughly equivalent to £ 870. 16 DE AVANZADA. 2nd August 2016. ‘Marinilla Decree banning music during Holy Week, sued.’ Retrieved (in Spanish) from http://de-avanzada. blogspot.com.co/2016/08/Marinilla.html

Status of Secularism in Colombia

‘Kneelathon’ against Pornography Congress Cartagena Mayor Manuel Vicente Duque banned the Latin America Adult Business Expo (LExpo), which had been scheduled to take place between the 10th and the 12th of July 201717 , claiming it to be the type of event which would mar the reputation of the city. Even though a number of Evangelical leaders had voiced their opposition, and it is possible for some religious arguments to have ultimately been responsible for the cancellation of the event, there was no bylaw revealing religious arguments, though those were stated a few days later during an Evangelical protest. The leader and founder of the Anointment Church, Esteban Acosta, convened its filigrees to an event at the public square and declared Cartagena to be ‘the land of the Holy Spirit and that’s why we’ve departed the (church’s) four walls to ask God to remember Cartagena.18 ’

‘Cartagena belongs to the Holy Spirit’. Prayer event and ‘kneelathon’ to reject pornography entrepreneurships to carry out their event. Photograph: El Comercio (‘Commerce’).

A Presidential Candidate with a Sordid Past Colombia will have presidential elections in 2018. One of the primary candidates is the aforementioned former Attorney General Alejandro Ordoñez Maldonado. This conservative politician has in the past had a leading role in freedom of speech censorship acts such as burning books and newspapers back in his youth. On 13th May 1978, Ordoñez and his colleague Hugo Mantilla went to public library Gabriel Turbay where they demanded the clerk to hand them over books which allegedly ‘disrupt[ed] juvenile minds.’ Their actions had been prompted by the Society of Saint Pius X calling it an act of faith. Journalist Daniel Coronel said they took books by García Márquez, Rousseau, Víctor Hugo, Descartes, Vargas Vila, Thomas Mann, Marx and even a Bible which they deemed sinful as it was a ‘Protestant edition, rather than a Roman Catholic Apostolic one,’ as well as newspapers which had female partial nudity in their photographs. It all went to a bonfire in a public park. As a primary candidate, Ordoñez told an interviewer that he ‘would burn books again’ considering it a ‘teaching moment.19 ’ 17 RCN Radio. 9th May 2017. ‘Commotion in Cartagena for Pornographic Industry Congress.’ Retrieved (in Spanish) from http://www.rcnradio.com/locales/bolivar/revuelo-cartagena-congreso-la-industria-pornografica/ 18 PULZO. 20th May 2017. ‘Christians demand porn congress to be cancelled via ‘kneelathon’ in Cartagena.’ Retrieved (in Spanish) from http://www.pulzo.com/nacion/arrodillaton-cartagena-contra-congreso-porno/PP272144 19 SEMANA. 18th October 2017. ‘Ordoñez says he would burn books again and regards it a “pedagogical act”.’ Retrieved (in Spanish) from http://www.semana.com/confidenciales-semanacom/articulo/alejandro-ordonez-dice-que-volveria-a-quemar-libros-y-lo-considera-un-acto-pedagogico/544148 72

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Police Force Upset with Giordano Brunoâ&#x20AC;&#x2122;s Death Anniversary On 17th February 2016, the Pereira Atheist Association commemorated the death of Giordano Bruno at the Bolivar Square of that city . For that reason they wore fancy dresses and cosplayed as those who had been involved in his death and handed out flyers depicting his history to passers-by. Police authorities deemed it wrongful - despite the fact Jehovahâ&#x20AC;&#x2122;s Witnesses hand out leaflets at that very location every single day - and approached the Pereira Atheist Association members aggressively, coercing them with intimidation to move out of the premises. A few days later, Councillor Carlos Alfredo Crosthwaite Ferro complained to the Police for that episode.

Assessment Freedom of speech in Colombia is shielded from repeated attempts by Catholic and Evangelical fundamentalists to censor music, photography, visual arts, films, etc. For that reason, this item is regarded as firm

Status of Secularism in Colombia

Chapter 9 Secularism and Political Debates

The ideal operation of a secular state is a political arena free of religious fundamentalism and a legislative branch arguing from the standpoints of evidence and humanism. Conservative sectors have, nevertheless, reacted strongly against minority rights, women’s rights and euthanasia, to the point of using (their interpretation of) the Bible in democratic deliberations and demanding civil law to be adjusted to what they regard as divine guidance. Secularism is not by any means demanding for civil servants to forfeit their religious convictions, but for faith-dictated regulations on sexual morality, dietary specifications, days of rest and lifestyles to be valid only to those citizens who freely adhere to those denominations rather than being forcibly imposed on everybody else. Our society grows more pluralistic with every passing day, therefore no group should be privileged regardless of its demographic majority. This situation is masterfully explained by former French President (1974 - 1985) Valéry Giscard d’Estaing, upon the decriminalisation of abortion: ‘(...) “I’m a Catholic,” I told (Pope John Paul II, during an interview in Vatican City), “but I’m also the president of a Secular State. I cannot impose my personal convictions upon my citizens (...) but make sure law corresponds to the genuine state of the French society, for it to be upheld and applied. I understand, of course, the Catholic Church perspective on the matter and I do share it as a Christian. I deem it legitimate for the Catholic Church to demand those who practise its faith to observe certain prohibitions, but it is not civil law which can be imposed with penal sanctions to all of society. (...) As a Catholic I oppose abortion; as the French president I regard its decriminalisation as necessary.1” ’ Debates on topics deemed controversial by the churches, such as same-sex marriage, adoption by LGBTI individuals and couples, abortion and euthanasia have been diverted in Colombia by religious leaders who use their own alleged condition as majorities as a legitimising factor to impose religious dogmata to the entirety of the population. Two specific instances taking place at the Congress exemplify this situation, the first of which occurred on the 21st November 2012: Conservative Senator Roverto Garlein Echeverría questioned the reasons for not including the Bible in political debates and ended up quoting it:

1Quoted by Luís Muñoz Fernández in ‘Secularism and other demons’. Available at: http://www.heraldo.mx/laicidad-laicismo-y-otros-demonios/ 75

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‘[...] I don’t know why there’s such a row with the Bible here [at the Congress], as if it were like any other book. I remember someone here said we should bring the Constitution rather than the Bible. [...] Ruling out the Bible, rejecting it, cornering it, is not an important cultural expression to me, it can be an expression of anything else, but not culture. [...] Keep in mind that you don’t like the Bible, but I do. I shall now quote Genesis: (...) “And you, be ye fruitful, and multiply; bring forth abundantly in the earth, and multiply therein.” It’s on one of the first pages. (...) And this population of Earth, out of homosexual unions, would have been complicated and tricky. If society were mostly made up of homosexuals, this would be arid, there wouldn’t be crowds, human beings would be remarkably scarce, for the tragedy of homosexual liaisons, homosexual intercourse, is their sterility. They’re sterile, like the fig tree on the Bible, to quote from it again.2 ’ A second incident took place on the 10th of May 2017, on the third debate over a referendum, backed by Evangelicals, which sought to constitutionally ban adoption by same-sex couples and by individuals who happened to be single or widowed. On this occasion, Representative Silvio Carrasquilla turned his intervention into what was virtually a sermon: ‘‘Today has not been, spiritually, an easy day for me. (...) And today I want to tell my family and everybody who’s watching that I don’t care about the best scientist, [the best] senator, the greatest thinker or the world’s best idealist. What I care about is what God considers, what God established as law, as behaviour, as point of view, in the life of people in Colombia and the World. And I’ve meant, not to seek the Constitution, or laws, or regulations, but to turn to the Bible to search for answers there, to learn what God can point out to me, on what to do and how to vote and which decision to make. Exodus 20 reads, “Honour thy father and thy mother,” a point later reinforced in Ephesians 6:1: “Honour thy father and thy mother, which is the first commandment with a promise, that it may go well with you and that you may be long-lived on the earth.” Deuteronomy 5:16: “Honour thy father and thy mother, as the Lord thy God hath commanded thee (...)” Seeing what God has for us and what God wants to tell us on what us congressmen ought to do, Proverbs 8:1 features God telling us what may well be most important, and the reason for this debate, which is the right Colombian children have of having male and female role models. Proverbs 8:1 [sic] reads “Hear, my son, your father’s instructions and do not abandon your mother’s teachings.3 ” Instructions from your father, not your dad and dad, nor mum and mum, but instructions from your father and teachings from your mother.4 ’ These declarations provoked a wave of social media comments on the use of Biblical arguments in political debates.

Assessment At the moment, secularism in the Colombian public debate is fair, but the rising political activism by clergymen and their supporters foretells similar difficulties to be brought about in the near future, which is why constant vigilance and denouncement by NGO’s and citizens alike is urgently required. 2Full speech available (in Spanish) at https://youtu.be/GS1be1rJ-wA 3Proverbs 8:1 does not actually say any of that. There is a reference to one’s father’s instructions on Proverbs 4:1 (‘Hear ye, children, the instruction of a father’) and one to both father and mother on Proverbs 10:1 (‘A wise son maketh a glad father: but a foolish son is the heaviness of his mother’). Perhaps the Spanish translation he used was different, or perhaps the self-appointed Bible expert could have read his holy book properly to know which verse to quote. 4 Watch speech (in Spanish) at https://youtu.be/Trmw-BYgKBs 76

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Chapter 10 Secularism and Reproductive Rights

In a secular state, debates related to SRHR ought not to be based on religious dogmata or have any influence from them whatsoever, but instead should centre on the human being in order to safeguard health and dignity as well as equal rights and opportunities. Colombia and the rest of the world, however, still host clergymen who have turned these topics into their warhorses for the ‘sin-virtue’ duality to transcend to ‘illegal-legal,’ respectively. Sexual and Reproductive Health Rights were defined at the Population and Development Conference (Cairo, 1994) and the Fourth Conference on Women (Beijing, 1995) as: ‘Rights of men and women to have control on their sexuality, to freely and responsibly choose without being subjected to coercion, discrimination or violence; the right of all couples and individuals to freely and responsibly decide on the amount and spacing of their offspring and to have access to information, education and the means to that end, and to reach the highest level of sexual and reproductive health.’ SRHR in Colombia, despite a strong clerical and conservative opposition, has still progressed mostly due to judicial rulings rather than legislative instructions, as the latter branch has shied away from actively protecting those rights.

Voluntary Termination of Pregnancy

‘Take your rosaries out of our ovaries,’ a frequent secular complaint on the SRHR debate. Bogotá, May 2009.

Status of Secularism in Colombia

Table 5 Constitutional Court Rulings on Voluntary Termination of Pregnancy

Civil Servants Prioritising Religious Beliefs Alejandro OrdoĂąez taking over as Attorney General in 2009 marked the beginning of a marked opposition to Sentence C-355 from 2006, which had decriminalised abortion in three exceptional circumstances.

Status of Secularism in Colombia

Ordoñez is not just a conservative politician but also closely linked to the Catholic Church, being a member of the Society of Saint Pius X and the Catholic Lawyer Association. His opposition to voluntary termination of pregnancies turned his public endeavour into a debauchery, boldly prioritising catechism to Constitutional Court rulings by, for instance, ordering for a list of women who had had abortions to be compiled in order to denounce them and thus discourage voluntary termination of pregnancy from taking place in the future. He also engaged in political persecution against the Mayor of Medellín because of the Women’s Clinic that operated there and labelled SRHR campaigns as ‘massive advertising for abortion.’ Openly and shamelessly, Ordoñez ignored Court rulings and labelled them as having acted on ‘whims’. He even went to great lengths to inaccurately describe the morning-after pill as abortive in 2009, and a year later his right-hand aid, Barrister Ilva Myriam Hoyos (also a devout clericalist), demanded the Superintendency of Health to modify the orders given to health centres to perform abortions in the three aforementioned decriminalised cases. Two memos were issued - 029 from 2010 and 021 from 2011 - to obstruct Sentence C-355 from 2006 by arguing conscientious objection could be collective thus allowing hospitals and clinics to refuse performing the procedures if they felt so inclined. Womens Link and 1,280 other women1 filed a writ for protection against Ordoñez, and the Court ruled in their favour, ordering the Attorney General to rectify, which he reluctantly ended up doing after having unsuccessfully appealed for nullity. His actions were so persistent that a number of NGO’s requested an audience in the Inter-American Human Rights Commission, where a number of signatories from the Bogotá Atheist and Agnostic Association and the Cali Atheist Association were also present. It took place on the 14th March 2013 and Mrs Hoyos went in behalf of the Attorney General Office, labelling secularism as ‘dangerous’ and dismissing the accusations claiming her supervisor was being persecuted, reducing the matter to the question of whether abortion should or should not be considered a right.

Dr Ilva Myriam Hoyos at the 2013 Inter-American Human Rights Commision. Photograph: Inter-American Human Rights Commision.

A new Attorney General - Solicitor Fernando Carrillo - was appointed in 2017, clericalist efforts have fortunately ceased since.

1EL TIEMPO. 16th September 2012. ‘The women behind the scolding to the Attorney General.’ Retrieved (in Spanish) from http:// www.eltiempo.com/archivo/documento/CMS-12225722 80

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Further obstacles to voluntary termination of pregnancy have taken place in other political branches, including the judicial one in 2009: an expecting woman found out her foetus had serious bone malformations and requested a medical abortion upon a Medical Board recommendation, but the attending physician ordered a judge ruling to be attached as well. The judge in question ignored state secularism by claiming: ‘[...] out of my Christian upbringing, under no circumstances shall I rule in favour of a pregnancy termination - which, on my personal view, based in Biblical principles breaches the Divine Law and the commandment not to kill, hindering myself from solving this writ for protection as it is against my conscience.2 ’ The revision of the aforementioned writ resulted in Sentence T-388 from 2009, which is listed above in Table 5. Members from the National Police Force3 took part of a religious manifestation on the 8th of October 2015 against voluntary termination of pregnancy, not only escorting the protesters but the religious symbols as well and participating in prayer. Policemen illegally kept women from entering a clinic.

National Police officers on duty joining the vigil and siege outside Profamilia4 . Bogotá, 8th October 2015. Photos: Urban Cartel (left) and ‘De Avanzada’ Blog (right).

Civil servants who happened to be Christians have also made an effort to reverse the partial decriminalisation of abortion. Pastor and Councillor Marco Fidel Ramírez has repeatedly attacked voluntary termination of pregnancy sued the District Secretary of Health in May 2015 and declared in August 2017 that it was ‘unconceivable’ for Bogotá to have remained ‘the national abortion capital’ and to allegedly discriminate believers who promoted ‘the defence of life, principles and values of millions of Christian, Catholic and Evangelical families.5’

2Quoted in Sentence T-388/09. http://www.corteconstitucional.gov.co/relatoria/2009/t-388-09.htm 3URBAN CARTEL. 18th February 2016. ‘Preachers against abortion in Colombia.’ Retrieved from http://cartelurbano.com/historias/los-predicadores-contra-el-aborto-en-colombia 4 Profamilia is a non-profit organisation based in Bogotá offering healthcare, education and products specialised in sexual and reproductive health. Besides legal medical abortions, they offer consultancies on contraception, STD’s and fertility problems. 5ALTERNATIVE SUBA. 15th August 2017. ‘Councillor Ramírez openly opposes Peñalosa’s Mayoral administration. Retrieved (in Spanish) from http://subaalternativa.com/concejal-ramirez-se-declara-oposicion-la-alcaldia-penalosa/ 81

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Pastor/Councillor Marco Fidel Ramírez at the Council exhibiting a banner against voluntary termination of pregnancy.

Catholic Opposition The Catholic hierarchy has intervened via a number of motions against contraceptives and voluntary termination of pregnancy. Bishops often seem to overlook or ignore the secular character of the State, and spokespersons in general tend to speak in behalf of all citizens as if they had any sort of public representation power. Bishops issued a joint statement telling off Catholic authorities who had supported partial decriminalisation of abortion under extenuating circumstances: ‘We indict legislators, governors and judges who have taken part of this decision, for their serious responsibility before history, society and God Himself. Many of them may have acted in good faith, but with no coherence with their condition as human beings and as Catholics. Of that there shall be a sad memory for future generations6. ’ In October 2012, Archbishop of Bogotá Rubén Salazar Gómez declared that: No circumstance, serious as it may appear to be, can justify or make it legal or morally acceptable to intentionally cause the death of an innocent human being. Abortion is not a right, let alone a fundamental one.’ The church has also asked its filigrees to penalise abortion-accepting politicians by withdrawing their vote. Bishop Froilán Casas Ortiz declared on 7th May 2016 (during a manifestation in Neiva7 ) that: ‘Voters, please be mindful of whom you’re supporting since you cannot back up those defending direct abortion which threatens life. Authorities must respect the cultural identity of the Colombian populace.8 ’

6SEMANA. 20th August 2006. ‘Bishops joint statement on partial decriminalisation of abortion.’ Retrieved (in Spanish) from: http://www.semana.com/nacion/articulo/declaracion-obispos-colombia-sobre-despenalizacion-parcial-del-aborto/46984-3 7 Located less than 200 miles from Bogotá, the city of Neiva is an important focus in the Southern part of the country as a distribution centre and housing several universities. Its population is akin to that of Coventry or Reading, and it has a long-standing Catholic tradition including a large cathedral and the Church of St George, a popular tourist attraction. 8 Retrieved (in Spanish) from http://caracol.com.co/emisora/2016/05/07/ibague/1462650047_771867.html 82

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Manifestation against voluntary termination of pregnancy, contraceptives and euthanasia in Neiva. Photo: Caracol Radio

Catholic and Evangelical groups have converged in organisations - such as ‘United for Life’ - aiming at recriminalising abortion, which they tried to do by collecting signatures - after a proposed Bill had been thwarted in October 2011 - for a referendum to ban it regardless of the circumstances, but the National Electoral Council ruled against the motion in 2014 for not having reached the mandatory threshold9 .

Contraceptive Dispensers A debate took place in Bogotá in 2014 over the motion of installing condom dispensers at bus stops, college campuses, restaurants and other public places. Pastor Councillor Marco Fidel Ramírez opposed the idea arguing that Proposed Bill 277 from 2014 could encourage indiscriminate sexual encounters and heighten the rates of STD infections and unplanned pregnancies rather than preventing them. In his intervention, the self-appointed ‘Family Councillor’ said that ‘Colombia needs more values and less condoms.10’ The bill was archived, allegedly out of increased costs it would theoretically generate. What is utterly reproachable in this case is that the religious motivation - deeming premarital sex a sin - influenced the councillor’s efforts.

Assessment In general terms it can be said that Colombia is ‘fair’ regarding this item, given that despite the clear ruling by the Constitutional Court there are still major obstructions - on religious grounds - to SRHR from even being explained and taught to the public. There is also the pending matter for a debate on decriminalising the voluntary termination of early pregnancy regardless of the circumstances.

9 Anti-Abortion Referendum Falls. Retrieved (in Spanish) from http://www.despenalizaciondelaborto.org.co/2016/10/05/cae-referendo-en-contra-del-aborto/ 10‘Bogotá is not prepared for condom distributions’: Marco Fidel Ramírez. Retrieved from https://www.elespectador.com/noticias/bogota/bogota-no-esta-preparada-distribucion-de-condones-marco-articulo-530081 83

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Chapter 11 Secularism and LGBTI Rights

In a Secular State, religious arguments ought not to predicate obstacles for LGBTI citizens to have the same rights as the rest of the populace. The largest obstacle for said rights to be recognised and socially accepted, however, has religious roots. In Colombia, the acknowledgment of LGBTI rights has alarmed right-winged Christian sectors - both Catholic and Evangelical - to deny state secularism, attempt to take their rights away and make it difficult for the Colombian society to accept them starting from the State organisms.

Initial Definitions Terms related to sexual minorities shall be used in this chapter, which is why it is important to clear them up beforehand.

Table 6 Basic Definitions 1 2

1 Sigcha, B. (4th June, 2011). Human Sexuality. Retrieved (in Spanish) from: http://es.slideshare.net/JulioSigchaBaez/sexualidad-humana-presentacion 2 Secretary of the Government. â&#x20AC;&#x2DC;What Is Gender Identity?â&#x20AC;&#x2122; Retrieved (in Spanish) from: https://www.gob.mx/segob/articulos/que-es-la-identidad-de-genero 3 Italics added. 85

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Rights Upgrade In Colombia, the Constitutional Court has led the recognition of rights, as Congress debates on the matter did not take place for decades. LGBTI rights have been acknowledged through a gradual process: Colombian citizens cannot be discriminated against at their places of study for their sexual orientation or condition (Sentences T-097/94, T-569/94, T-101/98, T-435/02 and T-565/13). Homosexuality stopped being regarded misconduct for educators (C-481 from 1998). Transexual individuals can legally change their name for one reflecting their new identity (T-594/93) and can also legally change their sex (T-876/12 and T-918/12). Social security came first via pension substitution to same-sex couples (T-349/06), followed by heritage rights (C-075 from 2007), possibility of signing the spouse to health insurance (T-856/07), financial support amongst permanent partners (C-798/08) and survivorsâ&#x20AC;&#x2122; pension (T-1241 from 2008). 86

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The road to civil marriage for same-sex couples began with Sentence C-577/11, which for the first time recognised them as family. The Court did not make a decision on marriage and delegated that task to the Congress, with a two-year deadline, which they failed to meet, prompting some couples to go to notaries in order to legalise their union, generating a series of requests to notary officers and judges, sometimes with positive response, sometimes not - the latter resulting in writs for protection eventually inducing the Court for a final decision, and Sentence SU-214 from 2016 finally approved same-sex marriage in Colombia. Adoption began with Sentence T-276/12, elicited by the Colombian Institute for Family Welfare (ICBF for its Spanish initials) having obstructed an American citizen trying to adopt two children for being a homosexual man. C-071/15 later made it legal for a homosexual person to adopt the biological offspring of their spouse, provided the three of them had been cohabitating for at least two years. Finally, Sentence, C-683/15 gave same-sex couples the opportunity to apply for adoption. That means for a few months (between late 2015 and early 2016) they were legally allowed to adopt but not to marry. Regarding intersexual individuals, Sentence T-450A/13 protected their right to health and made it compulsory to register minors who were intersexual or presented genital ambiguity.

Religious Stance Homosexuality - especially in males - is condemned by most Abrahamic faith confessions (Judaism, Christianity and Islam). According to Christianity, predominating religion in Colombia, sexuality is seen as an element essentially designed for procreation, allowed only for that end and only within a heterosexual marriage. Most religious anti-secular and homophobic groups base their rejection to LGBTI rights (particularly homosexuality and transexuality) on Biblical texts from Leviticus, Deuteronomy and Romans among others. Evangelicals, Adventists and Mormons also turn to stories such as Adam and Eve and Sodom and Gomorrah to back their claim that only heterosexual couples ought to have legal protection and social acceptance.

‘“Since the beginning, God made them man and woman” - Matthew 19’ Social acceptance of LGBTI rights is obstructed by religion. Bogotá, 10th August 2016.

Status of Secularism in Colombia

Clerical Opposition at City Councils Pastor and Councillor of Bogotá Marco Fidel Ramírez and Pastor and former Councillor of Bogotá Clara Lucía Sandoval have been at the forefront of opposing LGBTI rights: in September 2011, Ramírez (who was a candidate back then, not a councillor yet) requested the Attorney General to monitor the Mayoral Office of Bogotá for having published a calendar promoting tolerance towards LGBTI individuals. Said calendar included messages such as ‘in Bogotá it is possible to be gay/lesbian/transgender’ and the pastor used that to argue it was explicitly promoting and extolling homosexuality amongst youngsters4 . Among with other Evangelical politicians, Ramírez depicts any LGBTI right as an imposition and has claimed Colombia to be ‘led towards a dictatorship of sexual diversity.5 ’ Sandoval, on her part, denounced in 2012 a project which had been implemented back in 2008 in 24 public schools to teach respect towards LGBTI individuals, arguing it could not be set up without consent from the parents6 . When the Ministry of Education cleared up there would not be any so-called ‘LGBTI module,’ Pastor Sandoval falsely claimed it had been because of her intervention that the project had been put off7.

‘Pastor Marco Fidel Ramírez, do not impose your religion upon us!’ Bogotá, July 2013

4 DOS MANZANAS. 29th September 2011. ‘Evangelical pastor, candidate to the Council of Bogotá, outraged by district calendar promoting respect to the LGBT community.’ Retrieved (in Spanish) from: http://www.dosmanzanas.com/2011/09/pastor-evangelico-candidato-a-concejal-de-bogota-escandalizado-por-calendario-distrital-que-promueve-respeto-a-la-comunidad-lgtb.html 5 KIENYKE. 2nd August 2016. ‘Colombia approaches a dangerous homosexual dictatorship.’ Retrieved (in Spanish) from: https://www.kienyke.com/politica/marco-fidel-ramires-dictadura-homosexual 6 DE-AVANZADA. 29th January 2012. ‘Clara Sandoval is indeed a homophobe’. Retrieved (in Spanish) from: http://de-avanzada.blogspot.com.co/2012/01/clara-sandoval-si-es-homofoba.html 7 DE-AVANZADA. 4th February de 2012. ‘Clara Lucía Sandoval’s non-victory.’ Retrieved (in Spanish) from: http://de-avanzada.blogspot.com.co/2012/02/la-no-victoria-de-clara-sandoval.html 88

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Pastor Ramírez requested in October 2012 for a local television network to provide a list of homosexual members of staff and their CV’s8 . His inconformity stemmed from the inclusion of an LGBTI-friendly programme called ‘El Sofá’ (The Sofa). When CEO Hollman Morris refused to submit that information, Councillor Ramírez said he should be heading a brothel instead of a network9. Religious-led homophobia also made its way to the Council of Barranquilla: when some conferences to prevent discrimination against LGBTI citizens was suggested in 2012, Councillor Máximo Acuña retorted: ‘The Bible says that the second coming of Lord Jesus Christ will be like Sodom and Gomorrah, a settlement stigmatised by lesbianism and homosexuality. As a believer in an Almighty God I refuse to vote to promote or invest public funds on something that is corruption, deviation, and that only brings damnation to the city.10 ’ Máximo Acuña then pled the outdated and no longer in force 1886 Constitution to claim God was ‘the supreme source of all authority’ and that his religious convictions prompted him not to allow Barranquilla to become another Sodom.

Hindrances by Alejandro Ordóñez and Allies. During Alejandro Ordóñez’ term as Attorney General there were all sorts of legal deterrents for LGBTI rights to prosper, stemming from his homophobic views: every time the Constitutional Court requested him to advise on same-sex marriage, adoption by same-sex couples or non-discrimination to LGBTI in schools, he issued negative recommendations, and once rulings took place he would try to nullify them. He also tried to backpedal the Anti-Discrimination Law.

Protests at Ordóñez’ Attorney General Office. 28th August 2012.

8 KIENYKE. 30th October 2012. ‘How many homosexuals are at Canal Capital?’ Retrieved (in Spanish) from:

https://www.kienyke.com/historias/cuantos-homosexuales-hay-en-canal-capital 9 SEMANA. 8th November 2012. ‘Debate over Canal Capital: “Morris should rule a whorehouse”.’ Retrieved (in Spanish) from: http://www.semana.com/nacion/articulo/debate-canal-capital-morris-deberia-dirigir-prostibulo/267588-3 10 W. 30th May 2012. ‘Councillors Esther Molinares and Máximo Acuña discuss the suit imposed because of homosexuality in the development plan.’ Retrieved (in Spanish) from: http://www.wradio.com.co/escucha/archivo_de_audio/los-concejales-esther-molinares-y-maximo-acuna-hablan-de-la-denuncia-que-interpondra-la-fca-por-el-tema-de-homosexualidad-en-el-plan-de-desarrollo-wilson-castaneda-de-la-fundacion/20120530/ oir/1697040.aspx 89

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When, because of Congress inaction, it was made possible for same-sex couples to legalise their union before judges and notary officers, Ordóñez delegated a solicitor to seek same-sex couples wanting to become civil partners in order to forestall them. He allied with an NGO called ‘Man and Wife Foundation’, led by single man and former seminarian Javier Suárez Pascagaza.

Catholic Pressure The Catholic Church has repeatedly objected LGBTI rights and pressured the State against them: in 2011, Monsignor Juan Vicente Córdoba demanded the Constitutional Court to prioritise majorities over minorities: ‘Right now I speak in behalf of all Evangelical Christians, all Catholics, Jews and Muslims, that means we’re talking here about 99% of the Colombian population. I would ask the Court to consider not trampling on the culture, principles and religion of a nation.11 ’ Cardinal Rubén Salazar, highest-ranked Catholic leader in Colombia, urged congressmen not to endorse same-sex marriage (then still under debate):

‘It would be unfair to grant them the “privilege” of being recognised and of legal protection which may liken them to marriage or family.12 ’ When the Court determined same-sex couples did indeed constitute a family, Monsignor Juan Vicente Córdoba from the Episcopalian Conference deemed those decisions as ‘repulsive.13 ’ Later on, when Minister of Domestic Affairs Juan Fernando Cristo claimed the government would honour its promise for equality to reach the country - referring to same-sex marriage -, the Catholic Church was swift to rebuke: ‘I respect the Minister but it seems to me that he wants to do politics with the LGBT topic. That would be a mistake. It is a delicate matter, ought to be approached tactfully, prudently, seeking advice rather than impositions. The church does not intend for homosexual individuals to be treated as second-class citizens, but we have the firm conviction that family and marriage deserve respect. For that reason, Catholics and Christians cannot support, among others, politicians who are favourable to same-sex marriage or adoption by same-sex couples. Pope Francis has clearly said so.14’ When the Court opened up the possibility for adoption by same-sex couples (via Sentence C-683/15), Monsignor Juan Vicente Córdoba rejected the ruling and demanded the citizenry to reverse it via referendum: ‘Let the cobbler stick to his last. People from the Court, do what you ought to do; people from the Congress, do what you ought to do .15’

11 https://youtu.be/2p4j81rkAqQ 12 EL ESPECTADOR. 16th April 2013. ‘Church forms a lobby asking to tip over same-sex marriage.’ Retrieved (in Spanish) from: https:// www.elespectador.com/noticias/politica/articulo-416428-iglesia-hace-lobby-pidiendo-hundir-matrimonio-igualitario 13 EL ESPECTADOR. 20th April 2012. ‘“Court is taking steps towards adoption by same-sex couples”: Church.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/politica/articulo-340086-corte-esta-dando-pasos-adopcion-parejas-gay-iglesia 14 EL TIEMPO. 3rd July 2015. ‘Church rejects Ministry of Domestic Affairs claims on same-sex marriage.’ Retrieved (in Spanish) from: http://www.eltiempo.com/archivo/documento/CMS-16039042 15 El TIEMPO. 5th November 2015. ‘Church asks for adoption by same-sex couples to be solved via referendum.’ Retrieved (in Spanish) from: http://www.eltiempo.com/archivo/documento/CMS-16421790 90

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He also claimed children ‘[could] not be forced to have two men or two women as parents. 16’ Once civil marriage was acknowledged, the Church meddled yet again, this time represented by Monsignor José Daniel Falla: ‘Marriage is not merely a governmental construction; it is a natural association which affects all of us. The fact we, through our faith, call it a sacrament, is different. But marriage is between a man and a woman, it is codified from the preservation of the species and to provide a society with consistency.17’

Sergio Urrego

Sergio David Urrego Reyes (1997- 2014)

Sergio David Urrego Reyes was a secondary school senior at a private school of Catholic adherence near Bogotá. In May 2014, teacher Mauricio Ospina seized a mobile phone in which there was a photo of Urrego kissing his boyfriend, Danilo. Both teenagers were referred to School Counsellor Ibonne Andrea Cheque Acosta, who told them it was a serious offence according to the rules and regulations of the institution, as it forbade ‘obscene, grotesque or vulgar PDA on and off school property’ and claiming all relationships had to be endorsed by their parents. On 12th June a parent-teacher-conference was called upon and the students were instructed to reveal their relationship to their parents for a follow-up meeting on the 20th of June. By then, Danilo had been withdrawn from the school by his outraged parents, while Sergio had been consoled and supported by his. His mother went to the scheduled meeting but Headmistress Amanda Azucena Castillo refused to see her because the father was not present. After half-term, the student was banned from going back to school and when asked if they were denying him his right to education, the headmistress defyingly replied they were. On a posterior meeting, the school spokesperson denied there had been any discrimination against his homosexuality, but they warned his parents that he would only be accepted back if he certified he was going to therapy every month until graduation. Said certificate was issued and given to the school by the father on the 14th of July, but a day later the counsellor claimed it did not fulfil all the required criteria. The external psychologist had determined there was nothing wrong with Sergio or his condition.

16 El ESPECTADOR. 4th November 2015. ‘“A child cannot be forced to have two men or two women as parents”: Church.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/nacional/no-se-puede-obligar-un-nino-tener-papa-o-mama-dos-hombr-articulo-597200 17 EL TIEMPO. 7th April 2016. ‘“Marriage is between a man and a woman”: Church.’ Retrieved (in Spanish) from: http://www.eltiempo.com/archivo/documento/CMS-16557608 91

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The Country Castle School in Tenjo (18 miles from Bogotá) was the venue of the decade’s most infamous case of homophobic discrimination. 12th September 2014.

Urged by the school directives, Danilo’s parents sued Sergio for sexual harassment, despite the relationship having been consensual. When he found out about it, Sergio started posting suicidal thoughts on social media, but the signs were overlooked at the time. On the 4th of August, his mother returned from a short trip and found three written notes, the second of which was a goodbye to her and to his grandmother, and the third of which explained that he had never beleaguered Danilo: ‘In my mobile phone’s memory card and in the PC desktop there are two screenshots from our WhatsApp conversations which prove he wasn’t at any point harassed, as he replied with spontaneity18. ’ By then, Sergio Urrego had already committed suicide by jumping off a shopping centre balcony. When they found out at the school, the counsellor asked for discretion, and the headmistress allegedly referred to him as an ‘anarchist’, atheist and homosexual. The media only made it public a month later, causing severe outrage and putting into question the social homophobia and the role of religion in it. Conservative sectors tried to put the blame on the mother and/or defend the school board at all costs. For instance, the group Voto Católico (Catholic Vote) published a note titled ‘Was Sergio Urrego’s suicide a political act?’ which read: ‘The authorities, rather than trying to indict the school headmistress and use the case as an excuse to annihilate Religious Freedom, should be alarmed by the popularity that suicidal ideologies are gaining amongst Colombian teenagers.19 ’ Then Attorney General Alejandro Ordóñez, who should have defended the rights of the minor, refused to order any investigation on the Catholic school and declared suicides in general, without mentioning this specific case, resulted from family disintegration20 .

18 EL ESPECTADOR. 7th September 2014. ‘Sergio’s proofs.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/bogota/pruebas-de-sergio-articulo-515085 19 VOTO CATÓLICO. 27th September 2014. ‘Was Sergio Urrego’s suicide a political act?’ Retrieved (in Spanish) from: http://www.votocatolico.co/2014/09/fue-el-suicidio-de-sergio-urrego-un.html 20 DOS MANZANAS. 29th September 2014. ‘Colombian justice on the suicide of gay teenager Sergio Urrego.’ Retrieved (in Spanish) from: http://www.dosmanzanas.com/2014/09/el-suicidio-del-adolescente-gay-sergio-urrego-discriminado-por-la-direccion-de-su-colegio-ante-la-justicia-colombiana.html 92

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Manifestation denouncing the Country Castle School discrimination against Sergio Urrego. Tenjo, 12th September 2014

After a series of legal actions resulting in the imprisonment of headmistress Castillo, a writ for protection was filed by Sergio’s mother asking for a symbolic reparation by the school. Whilst the Court evaluated the writ, Attorney General Ordóñez sent an unfavourable assessment claiming Sergio Urrego had taken his own life out of aspects inherent to his character and that he had wished to turn suicide into a cause21 . His concept was overruled by the Court, which ordered a posthumous homage to the student but also issued the following instruction: ‘(...) The Ministry of National Education has a period of one (1) year starting from the present sentence to implement actions tending to the definitive creation of a National System of School Cohabitation according to Law 1620 from 2013 and Decree 1965 from 2015. It is particularly ordered to adopt the following measures in that period: i) an extensive and integral update of all School Guidebooks in the country to determine that they respect sexual orientation and gender identity of the students and incorporating new and alternative ways to encourage and strengthen school cohabitation and the observance of human rights and sexual and reproductive rights of the students, allowing them to learn from mistakes, respect diversity and pacifically settle conflicts, as well as contributing with possible solutions to internal situations and behaviours which threaten the exercise of their rights; and ii) ordering and verifying that all nursery school, primary school and secondary school establishments to have constituted cohabitation committees.22 ’ (Emphasis added). As expected, Attorney General Alejandro Ordóñez tried to nullify it and told the press: They are imposing gender ideology as State Politics to indoctrinate our children.23 ’

School Guidebooks Sentence T-478/15 resulted in the Ministry of Education working out a strategy to update the school guidebooks. Deputy Legislator and Quadrangular Church Filigree Ángela Hernández called for a debate to oppose said revision, claiming the Sentence to be an imposition: ‘They want to colonise the academic institutions implementing LGBTI regulations over the rights of the boys and girls.’ 21 CARACOL RADIO. 21st August 2015. ‘There was no discrimination in the case of Sergio Urrego: Attorney General.’ Retrieved (in Spanish) from: http://caracol.com.co/radio/2015/08/21/judicial/1440178864_427245.html 22 Sentence T-478/15. Residing Judge: Gloria Stella Ortiz Delgado. 23 RCN. 14th September 2015. ‘Attorney General asks for sentence to be nullified in the case of young Sergio Urrego.’ Retrieved (in Spanish) from: http://www.noticiasrcn.com/nacional-justicia/procurador-pide-nulidad-sentencia-caso-del-joven-sergio-urrego 93

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She then declared she disagreed with children from ‘families with morals’ interacting with those with alleged homosexual tendencies, going as far as to suggest the creation of restrooms for ‘the third gender’ as well as LGBTI schools24 . Despite the clear signs of bigotry and the complaints from LGBTI activists, Legislator Hernández invoked a protest in different cities across the country on 10th August 2016. Parents, teachers and directives who never even read the Sentence began panicking and joined the manifestations thinking the government was trying to forcibly homosexualise children and teenagers.

Table 7 School guidebooks updating and their twisting by religious sectors

The Colombian Episcopal Conference jumped on that bandwagon: ‘We regret that the Court and now the Ministry of Education are abusing their right to promote gender ideology in the most varied contexts of our society in order to impose a model which was not foreseen in our superior ordering.26 ’

24 EL COLOMBIANO. 26th July 2016. ‘Santander deputy legislator proposed creating schools for LGBTI children.’ Retrieved (in Spanish) from: http://www.elcolombiano.com/colombia/educacion/diputada-angela-hernandez-reclamo-que-se-impongan-normas-lgtbi-en-colegios-de-santander-FE4633520 25 Homoerotic pictures of male couples in bed were distributed via social media, falsely claiming they were part of the contents of the updated guidebooks 94

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‘God created man and woman. Anything else is crazy. Ask me why.’ ‘No to gender ideology’. Religious messages dominated the 10th August 2016 manifestation. Photograph: Cartagena Herald.

Gender Ideology as a Warhorse Starting from the 10th August 2016 manifestations there was a rise in using concept of ‘gender ideology’, which is a false presentation of concepts such as sexual identity, sexual orientation, gender and sexuality. Religious only see the genital sex and only heterosexuality as acceptable possibilities, ignoring that gender refers to social roles which have been culturally assigned to men and women. Most fundamentalists see respect to sexual diversity as synonymous of talking people into getting sexual reassignments or becoming gay or lesbian.

Pastor Oswaldo Ortiz. Homophobic arguments are immunised by claiming they stem from faith and should not be questioned. Photograph: Miguel Cruz

26 EL HERALDO. 9th August 2016. ‘Catholic bishops advise of gender ideology imposition in school guidebooks.’ Retrieved (in Spanish) from: https://www.elheraldo.co/nacional/obispos-catolicos-advierten-imposicion-de-ideologia-de-genero-en-manuales-escolares-277241 95

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Using the ‘gender ideology’ label, these sectors safeguard their traditional homophobia and transphobia, only switching the discourse slightly: rather than openly rejecting homosexuality by deeming it foul or abominable, they claim it is the outcome of a sectarian ideology, failing to realise their own gross oversimplification is precisely a direct result of what they are vehemently condemning: behaving as a sect or cult. Another important aspect is that equality is being assaulted under the guise of religious freedom and any dissenting view is immediately accused of being a direct attack against their faith. It was so effective that right-winged sectors arguing against the peace process by claiming the agreements included said ‘gender ideology.’ It worked: the vote against won.

A Referendum Against Equality Reacting against the progress made by LGBTI rights in the Constitutional Court, religious fundamentalists swiftly took action to reverse those decisions27 . Senator Viviane Morales, filigree of House on the Rock Church, proposed a referendum for Colombians to vote on whether orphaned children could or could not be adopted by people other than heterosexual couples (such a measure would also inhibit single and widowed parents from being eligible). Supporters included the Senator’s husband - Evangelical Pastor Carlos Lucio - and Representative Silvio Carrasquilla (see chapter 9). Morales herself declared the separation of church and state was ‘secular fundamentalism.’ Over two million signatures were collected 28, mostly at Christian and Catholic temples. Once endorsed, the initiative passed the first debate in the Senate on 14th September 2016, but it was scrapped on the second one, which took place eight months later29 .

The Pressing Need to Understand the Secular State

‘We are a Secular State. We abide by the Constitution, Not the Church.’ Vigil, 16th August 2016. Photograph: Juan Torres.

27 EL ESPECTADOR. ‘Christian churches join Viviane Morales’ Referendum.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/politica/iglesias-cristianas-se-suman-referendo-de-viviane-moral-articulo-597213 28 EL ESPECTADOR, 28th March 2016. ‘Signatures ready for Viviane Morales’ referendum against egalitarian adoption.’ Retrieved (in Spanish) from: https://www.elespectador.com/noticias/politica/listas-firmas-del-referendo-de-viviane-morales-contra-a-articulo-624145 29 EL TIEMPO. 11th May 2017. ‘The intense debate which sank the anti-gay-adoption referendum.’ Retrieved (in Spanish) from: http://www.eltiempo.com/politica/congreso/se-hunde-proyecto-para-convocar-referendo-que-impedia-adopcion-gay-86736 96

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Stemming from the evident effects pastors and other religious leaders have in mobilising citizens against equality, which they are evidently attempting to hold back, some LGBTI sectors have started to comprehend the necessity of a Secular State, after several years of being reticent towards it lest they bothered LGBTI individuals who happened to be believers. After groups such as Bogotá Atea (Atheist Bogotá) approached other citizens, it was decided for the 21st Bogotá LGBTI Pride Parade to have the motto ‘free and secular.’

At the LGBTI pride parade from 2nd July 2017, the subject of State Secularism was regarded as instrumental for all citizens to coexist without discrimination.

Because social homophobia is still going strong, because of the growth of Evangelical churches and because it has been politically profitable to use LGBTI sectors as worthy of a moralistic anti-secular crusade, it is previsible for religious candidates to hold public service positions in the upcoming 2018 legislative and presidential elections.

Assessment

A State without church/state separation is the worst possible scenario for LGBTI citizens. ‘Politics + Religion = Discrimination.’

It is worth pointing out that there are currently no laws generating discrimination against LGBTI sectors, but there is still a serious threat stemming from civil servants who prioritise their religious beliefs over the Constitution and have ignored rulings either seeking their annulment or directly disobeying them and encouraging actions - such as referendums - to backpedal LGBTI rights. Evangelical politicians and their conservative allies have used this topic, and will likely continue to do so, as electoral bait, which may potentially jeopardise both their rights and the Secular State itself, as it is instrumental for religious leaders to tear down the separation of church and state. For all those reasons this item is still ‘fair’. 97

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Chapter 12 Secularism and Euthanasia

In Colombia, health has not been unaffected by how religious tenets interfere on free will and autonomy of citizens on their bodies, not to mention sexual and reproductive rights, as it has been previously analysed on chapters 10 and 11. The right to a dignified life is connected to health and human rights, and it was considered thus by the Constitutional Court via Sentence T-416/01: ‘The right to life considered in itself is not a restrictive concept solely limited to the reduced idea of life-threatening danger, but a concept extending to the concrete possibility of recovery and improving of health conditions, as much as it is possible, when said conditions have been weakened or injured and affect quality of life or the necessary conditions to guarantee anybody a dignified existence1 .’

Background Religious and clerical political individuals have opposed the right to a dignified life and death, thus outlawing euthanasia, typifying it as ‘mercy killing’ in the Penal Code up until the analysis performed by the Constitutional Court in 1997, with sentences ranging from six months to three years for anybody involved in its facilitation, deeming it a crime with a number of mitigating circumstances. It is still a crime according to the Penal Code, but euthanasia now has legal status. In 1997 the Constitutional Court exhorted the Congress into regulating euthanasia after making a verdict against an unconstitutionality suit demanding this type of crime to be levelled up with murder. Via Sentence C-239/97 then Residing Judge Carlos Gaviria Díaz concluded the State was legally compelled to protect life so long as it was compatible with respecting human dignity and free personal development. Euthanasia still spent quite a few years without having been properly regulated as the judge’s initiatives were thwarted. The five projects presented since 2007 by Senator Armando Benedetti faced expiration of terms, change of legislation or were simply withdrawn by the author2 .

1 Sentence T-416/01. Residing Judge: Marco Gerardo Monroy Cabra. 2 VISIBLE CONGRESS. Retrieved on the 30th November 2017 (in Spanish) at http://www.congresovisible.org/busqueda/?q=Eutanasia 99

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The anti-secularist pressure exercised by the Catholic Church was at its height in late 2012 when President of the Senate Dr Roy Barreras Montealegre MD relinquished to the request made by the President of the Bishopric Conference, Cardenal Rubén Salazar to postponing the debate3 , and for that reason the proposed bill was ultimately archived as its deadline had been met. Because of this new unregulated outlook a legal void emerged, leaving euthanasia unprotected against potential lawsuits against physicians agreeing to performing the procedure after the fulfillment of the requirements. In Sentence T-970/14 the Ministry of Health and Social Protection was finally requested to issue the necessary regulations when Minister Alejandro Gaviria allocated a Protocol for euthanasia application in Colombia in 20154 . That same year the first case of (regulated) legal euthanasia took place when Mr Ovidio González, father of renowned cartoonist Matador, officially requested this method to be applied to him because of the excruciating pain produced by a terminal cancer he had been undergoing for five years. The request was initially denied, after having been subpoenaed for going through the procedure, according to information provided by the Ministry of Health, because of a disagreement between the attending physician and a member of the board who indicated Mr Ovidio did not meet the criteria. It ended up being approved by that very same board the next day, as widespread by the media after a writ for protection5 was filed by the patient6 . It is worth clearing up that euthanasia had already been legally performed in Colombia since 1997 by individuals such as Dr Gustavo Quintana MD, with over a hundred procedures in his CV7 . In his case, Dr Quintana provided care for patients - many of which received house calls - who sought him via the Right to Dying with Dignity Foundation.

The crusade against euthanasia The Catholic Church and other Christian denominations have opposed euthanasia arguing for the right to life. Many non-religious citizens and Catholics who do not necessarily abide by all of the Church’s doctrines regard ending a life as an act of kindness to be ethically possible in situations of major suffering. The religious perspective was defended and kept by Attorney General Alejandro Ordóñez, who declared that ‘euthanasia [could] not be regarded a right’ as it allegedly opposed the right to life. He subsequently requested the Ministry of Health not to issue a resolution regarding euthanasia. Upon facing strong opposition and after the request had been issued, he placed demands on the Council of State aided by renowned allies including Javier Suárez, CEO of the Man and Wife Foundation.

3 EL ESPECTADOR. 4th November 2014. ‘Per the [Catholic] Church’s request, the Congress calls off the proposed euthanasia bill.’ Retrieved in Spanish from https://www.elespectador.com/noticias/politica/reviven-proyecto-reglamentar-eutanasia-colombia-articulo-525818 4 Retrieved in Spanish from: https://www.minsalud.gov.co/sites/rid/Lists/BibliotecaDigital/RIDE/DE/CA/Protocolo-aplicacion-procedimiento-eutanasia-colombia.pdf 5 Colombian legislation has, since the 1991 Constitution, incorporated a special resource called ‘tutela’ which consists of an action demanding legal rights protection by the government. 6 SEMANA, 7th March 2015. ‘Euthanasia to “Matador”’s father took place on Friday.’ Retrieved in Spanish from http://www.semana. com/nacion/articulo/eutanasia-al-padre-de-matador-se-realizo-este-viernes/433453-3 7 KIENYKE. 9th October 2012. ‘The physician who has practised euthanasia.’ Retrieved in Spanish from: https://www.kienyke.com/ historias/un-medico-experto-en-apagar-vidas 100

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Finally, when euthanasia was first applied following regulations and procedures (in the aforementioned case of Mr Ovidio), Ordóñez’ office pressured the Medical Board and the judge who ruled the writ for protection in favour of the patient. Ordóñez appointed his former advisor - Jesús Guillermo Bohórquez Plazas, a fervent admirer of Opus Dei founder Josemaría Escrivá’s diary8 - to scrutinise the patient’s medical records. Then General District Attorney Eduardo Montealegre put it this way: ‘This position, which is supported by eminently religious elements (...) is absolutely unsustainable and unviable in a democratic social rule of law. This position by the General Attorney before the regulation of euthanasia is intolerable.9 ’

Vigil in favour of individual liberties. Bolivar Square, 21st June 2015. Signs roughly translate as ‘I decide on my life. Individual liberties ought to be respected. Same Sex Marriage (“We chose to be together”, said by two women), Euthanasia (“I chose to put an end to my suffering”), Abortion (“I chose not to have children”).’

The Catholic Church in Colombia, via the Bishopric Conference, went even further by threatening to shut down their healthcare centres and tacitly violating separation between church and state by citing their own Catechism10 where it ‘ethically and morally condemns direct euthanasia’ and which claims: ‘Whichever the motivations and utilised means may be, direct euthanasia, which consists of ending the life of handicapped, ill or terminal individuals, is morally unacceptable. 11’ The main Colombian atheist NGO’s replied with a joint statement12 and stated that ‘Colombia is a Secular State and for this reason it is not admissible that the Catholic Church means to forcibly impose its moral vision upon the entirety of the Colombian society.’ They also rejected the ‘(...) blackmailing of society and the government by the Catholic Church by threatening to shut down its healthcare centres. Precisely voluntary is a matter of humanity, as is medical attention.’

8 SEMANA. Daniel Coronell. 25th July 2015. ‘The right to sin.’ Retrieved in Spanish from: http://www.semana.com/opinion/articulo/ daniel-coronell-el-derecho-al-pecado/436104-3 9 CARACOL TV NEWS. 24th April 2015. ‘Regarding euthanasia religion ought to be separated from moral rights: deputy district attorney.’ Retrieved in Spanish from: https://noticias.caracoltv.com/colombia/frente-la-eutanasia-hay-que-separar-la-religion-del-derecho-moral-vicefiscal 10 Retrieved in Spanish from http://www.eltiempo.com/contenido/estilo-de-vida/salud/ARCHIVO/ARCHIVO-15599961-0.pdf 11 Cf, Catholic Church Catechism, No 2277. 12 ATHEIST BOGOTÁ. April 2017. ‘Euthanasia in Colombia.’ Retrieved in Spanish from http://bogota.ateos.co/2015/04/eutanasia-en-colombia/ 101

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It is currently known that the Constitutional Court, via Sentence T-544/17, ordered the Ministry of Health that in four months the Health Promoter Entities (EPS for their Spanish initialism13 ) have an interdisciplinary committee guaranteeing this fundamental right to minors and that in less than a year a bill is presented to regulate it both for minors and adults. Upon Mr Ovidioâ&#x20AC;&#x2122;s writ of protection having been ruled in his favour, the Court pointed that there currently is a legal void related to it, which ought to be urgently filled in order to safeguard minors from receiving cruel and unusual handling by healthcare institutions denying them their rights to a dignified death14 .

Assessment Regarding the item of Secularism and Euthanasia its status is â&#x20AC;&#x2DC;firm.â&#x20AC;&#x2122; The Ministry of Health under Minister Alejandro Gaviria safeguarded and guaranteed legal security to the euthanasia procedure in adults, overlooking the meddling desires of the Church. There are currently no obstacles for euthanasia being practised at healthcare centres across the nation.

13 Created in 1991, EPS institutions are roughly analogue - rather than equivalent - to the NHS in Britain and NIS in America. 14 Sentence T-544/17, Residing Judge Gloria Stella Ortiz Delgado 102

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Chapter 13 Secularism and Respect from Churches to Environmental, Urbanistic and Public Space Regulations.

Within a Secular State the celebration of different religions is allowed. Said practices, however, ought to abide by rules and regulations keeping them from conflicting with the rights of other citizens - rights which relate to mobility, public space enjoyment and environmental health. In no case whatsoever the request to uphold environmental or urbanistic bylaws can be deemed â&#x20AC;&#x2DC;religious persecutionâ&#x20AC;&#x2122;, not can it be alleged that a church is above any private entity in terms of compliance with the law. In Colombia, some churches generate noise well over the allowed levels, affecting their neighbours, or misappropriate public space, or build gigantic temples in areas where mobility turns out to be disrupted. In most of these situations, authorities are rather slow to react, and religious leaders of said congregations have pleaded religious persecution as soon as they have found themselves in conflict with people in their vicinity. In some cases, offending clergymen have considered their priesthood to exonerate them from obeying the legislation, or some Police authorities have been permissive with Catholic Church infractions as they have stemmed from a religious institution which they regard as sacred.

Noise Pollution There is a determined proliferation of Evangelical, Pentecostal and Charismatic churches in Colombia, many of which feature drums, keyboards and electric guitars in their ceremonies. When places of worship operate in residential areas, the noise ends up intruding with the area. These churches are remarkably common in Colombia: the Religious Matters Department at the Ministry of Domestic Affairs records circa one new church per day, adding up to 5,374, most of which happen to be Pentecostal or Charismatic who tend to play loud music, as of late 20151 .

Religious Entity Characterisation variables analysis report. Ministry of Domestic Affairs. 22nd December 2015. Retrieved (in Spanish from) http://www.mininterior.gov.co/sites/default/files/informe_de_variables_de_caracterizacion.pdf 104

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Worshipping rituals at Evangelical temples spawn conflicts with neighbours when trespassing the allowed decibel levels. Photo: http://noticias.anotao.com

While practising a religion is a fundamental right, so is the right to personal intimacy. In several occasions the Constitutional Court, and once the State Council, have analysed noise pollution by churches after having received complaints by citizens. The former determined in 2009 that: ‘The periodicity of noise emissions related to the expression of religious rites, the time in which take place, the means employed in the celebration, the place and the sound intensity constitute a set of relevant elements to establish whether freedom of worship may be disproportionate and implies wrongful interference in the rights of other people; on, on the contrary, it turns out to be an exercise whose expression duly concurs with the simultaneous exercise of other people’s fundamental rights2. ’ The State Council has also referred to this: ‘As the noise produced with the personal or collective manifestation of a creed may disturb others and be a factor interfering with equanimity, intimacy or even, in the long run, health and life of people who are constantly exposed to an imbalance of the surrounding environment or to sleep and rest deprivation, the Constitutional Court has recognised that carrying out activities of worship expression - singing, clapping, preaching, backed by musical instruments and loudspeakers - may affect the quiet times of citizens and have an impact on their intimacy. For that reason, the use of public address systems, microphones or other sound amplification devices, as means to spread religious messages, may result in acts of invasion of other people’s intimacy, if the circumstances of time, manner and place in which the message is transmitted forces individuals to be unwilling recipients of it.3 ’

2 Sentence T-166/09. Residing Judge: Mauricio González Cuervo. 3 State Council Ruling. 6th November 2013. Reporting Advisor: María Claudia Rojas Lasso. 105

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Decibel limits were fixed by Ministry of Health Resolution 8821 from 1983 establishing a series of parametres (Table 3) guiding legal authorities to prevent noise pollution.

Table . Allowed Noise Levels in dB (A).

Most churches exceeding those levels are in residential areas. Just in Bogotá, 166 complaints were filed before the Secretary of Environment due to disproportionate volume both in Catholic and Evangelical churches4 . Even religious leaders in the city admitted that, during 2015, 27.1% of religious communities they represented had at least one altercation with neighbours because of the noise5 . 147 churches were visited in 2011, 88% of which were in residential areas, and over 70% of them exceeded the allowed maximum of 65 dB. The scope of action by authorities is limited: according to data delivered by the Secretary of Environment of Bogotá, out of the 79 complaints received in 2012, only 7 trials were undertaken to sanction churches for violating noise regulations6 . In the case of the International Christian Confederation, one of those complaints were made about, it was revealed that the pastor told upset neighbours to ‘pray for us to find a place and leave.’

4 EL TIEMPO. 27th April 2011. ‘Over 100 churches in Bogotá have been denounced as noisy.’ Retrieved (in Spanish) from http://www. eltiempo.com/archivo/documento/CMS-9227081 5 Quantitative indicators: cases of intolerance, discrimination and religious persecution, and social projects by religious communities in the Capital District. Inter-Administrative Agreement No 1346 from 2015 - District Secretary of Government and National University of Colombia. William Mauricio Beltrán Mardory Llanos, Miguel Ángel Suárez. 6 EL TIEMPO, 21st December 2012. ‘Discomfort by neighbours of a church in Bogotá.’ Retrieved (in Spanish) from http://www.eltiempo.com/archivo/documento/CMS-12469916 106

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A curious common denominator of the cases above described is that writs of protection were initially ruled against the plaintiffs. High courts eventually switched to favour the suing parties. There was also an instance taking place in August 2012, upon Evangelical Church ‘Jesus Christ is the Bridge’ having been ordered to control their noise levels in the municipality of Corozal, Sucre: Pastor Isidro Acosta Peralta was in contempt of the ruling, prompting the judge to order a five-day detainment7 . In April 2013, Mrs Regina Castañeda filed a writ for protection against Christian Church ‘Castle of Prayer and Miracles’ for excessive noise generated by this congregation next door to her dwelling. The judge ruled in her favour8.

Public Space Misappropriation Even though it is quite easy in Colombia for any creed or faith community to sign up to the Ministry of Domestic Affairs and establish a place of worship, there have been instances of occasional or permanent public space occupation, generating conflicts with neighbours, affecting mobility, causing noise pollution and making it difficult to use the public space.

7 EL ESPECTADOR. 15th August 2012. ‘Evangelical Pastor ordered to be arrested for exceeding noise levels.’ Retrieved (in Spanish) from https://www.elespectador.com/noticias/judicial/ordenan-arresto-de-pastor-evangelico-exceder-niveles-de-articulo-367804 8 EL UNIVERSAL. 9th April 2013. ‘Writ against Christian Church exceeding noise levels.’ Retrieved (in Spanish) from http://www. eluniversal.com.co/cartagena/local/fallan-tutela-contra-iglesia-cristiana-que-excedia-niveles-de-ruido-115305

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The city of Bogotá has a ‘Worship Management Master Plan,’ recorded on Decree 311 from 2006. Its 19th Article forbids worship to take place in: 1. The components of the main ecological structure (i.e. System of Protected Areas, urban parks, ecological corridors and the Special Management Area of the Bogotá River). 2. Inside the rural area of the Industrial Mining Mochuelo (Little Owl) Park and in the areas reserved for managing and disposing of solid residues. 3. Unappeasable risk areas. 4. Public space system.

Public spaces should not be destined to religious worship. Castilla Park, Bogotá, 27th October 2013.

For other cities, where no similar bylaws exist, the occupation of public space may not be regulated, or permits may even have been granted, as was the case of ‘Quadrangular Christian Church’ which was allowed to take up the Park ‘Los Libertadores’ in the municipality of Villa del Rosario, Norte de Santander (near the Venezuelan border) in order to perform a conversion campaign with loudspeakers titled ‘Casting the Net’ in April 2017, and then by the Catholic Church to make use of that same venue to announce the alleged resurrection of Christ at the end of Easter holidays. The case was reported by citizen Edward Villamizar.

‘Casting the Net’ conversion campaign at public park Los Libertadores. Villa del Rosario, April 2017.

The existence of clear regulations designed to prevent conflicts between the right to worship and the enjoyment of public spaces does not guarantee, however, that difficulties or breaches do not take place. The most protruding case in recent takes took place in Kennedy, South-West Bogotá, between 2013 and 2015, before the Catholic temple Divine Mercy Sanctuary, whose parish priest is Jesús Hernán Orjuela. 108

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Orjuela, a high-profile local celebrity known as ‘Padre Chucho9 ’, is widely recognised because of his television appearances as one of the foremost charismatic Catholic leaders in the country. The difficulties with the polemic clergyman10 began when he started using the park adjacent to the temple for massive religious events which included setting up a stage, professional sound reinforcement, ribbing the area and placing chairs on the green zone. This situation took place every Sunday and on the fourteenth day of each month. During Easter and Christmas celebrations, the noise carried on well into the night, together with fireworks. Masses attracted large crowds and there was a point where a thousand pesos (25 pence) were charged per person for the right to occupy a seat.

Invasion of the public space due to massive masses in Kennedy, South-West Bogotá. August 2015.

Even though the priest had not been granted any of the necessary permits, the Kennedy Town Hall and the Police did not take any action regarding this matter for nearly three years. In 2013, the television programme Noticias Uno (One News, thus named after the network where it was broadcast) reported on it11 . The priest summoned a reporter on stage, who asked him: ‘When are you going to get the permits that you legally require to perform this activity?’ To which Orjuela replied: ‘(...) I don’t ask for permission, nor shall I ever do, I only ask God for permission, to deliver glory and blessings.’ Filigrees then proceeded to jeer the reporter.

9 ‘Chucho’ is a common shortened form of ‘Jesús’ in Latin American territories, where ‘Jesús’ as a given name is quite common. 10 According to journalist Olga Lucía Martínez (El Tiempo), Priest Orjuela had already disobeyed public laws: on early hours of the 23rd July 2006, a traffic police officer tried to perform a routine random check and to measure the alcohol blood level, but the priest demanded to be allowed to carry on, to no effect. The officer was soon relocated as requested by the clergyman, who allegedly used his popularity to immunise himself against upholding the regulation. El Tiempo, 27th July 2006, ‘“Don’t you know who I am?”’ Retrieved (in Spanish) from http://www.eltiempo.com/archivo/documento/MAM-2116385 11 UNO. 22nd December 2013. ‘Padre Chucho, without law.’ Retrieved (in Spanish) from https://canal1.com.co/noticias/que-tal-esto/padre-chucho-sin-ley/ 109

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Despite the case having been exposed on television, the priest carried on breaking the law. In 2015, the Bogotá Atheist Association and Bogotá Atea (Atheist Bogotá) resorted to a right of petition to request information on the permits the clergyman had been granted for his massive events. These NGO’s found that there were none and, besides, Secretary of Environment workers were actively rejected by churchgoers whenever they approached the area to perform the lawful decibel measurements. In October 2015 members of both organisations arranged a protest at the park, which resulted in filigrees becoming violent towards them, encouraged by the priest. This incident was collected by the media, prompting the Mayoral Office to take the case and analyse it. After a number of meetings between members of the parish and the NGO, it was finally proved that the clergyman never had the legal permits, which could not be granted to periodical or massive events anyway.

‘No church above the law’. Manifestation against the misattribution of Castilla Park by Father ‘Chucho’. 18th October 2015.

In May 2016, a judge ruled a writ for protection ordering the priest not to hold events at the park, as it ought to be reserved for the use and enjoyment of children, and the noise generated by said events disturbed the community12 . During the initial stages of right to petition requests, the Fontibón Archdiocese (to which Divine Mercy Sanctuary belongs) refused to reply. It finally did so when the judge ordered it to, and pleaded ‘religious persecution.’

12 EL ESPECTADOR. 19th May 2016. ‘Judge rules: Father ‘Chucho’ will not be able to perform masses at Castilla Park.’ Retrieved

(in Spanish) from https://www.elespectador.com/noticias/bogota/orden-judicial-padre-chucho-no-podra-oficiar-mas-misas-articulo-633136 110

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Building Licences The location of places of worship is regulated by the ‘Worship Equipment Master Plan’ of each city. The one in Bogotá can be found on Decree 311 from 2006; problems arise, however, when it comes to enforcing the law. The most common difficulties observed by the aforementioned NGO’s include: * Building temples without a licence. * Building temples without leaving space for parking, affecting mobility. * Deputy Mayors13 have no power to prevent unlicensed constructions to take place or pretend not to be aware of those cases. * Between different urban organisations (curatorial offices and the Mayor’s office, for instance) they tend to absolve responsibilities, while buildings go on in forbidden sites. The most common cases are mega-churches in residential areas. A remarkable event was that of mega-church ‘The Place of His Presence’, a temple with the capacity to hold thousands of people in a residential area in Barrios Unidos14 . The large influx of vehicles in the area has resulted in frequent complications in an area where the law only authorises temples for up to a hundred attendees. In Medellín, there was also the case of an unlicensed temple being constructed and a front lawn being turned into an impromptu motorcycle parking space by the Catholic Biblical School ‘Yeshua’ in 201315 . After three years of efforts by neighbours and members of the Antioquia Freethinker, Atheist and Agnostic Association, the licence (which had been irregularly obtained) was repealed and the religious leader was fined COP 193,305,000 (ca. £ 50,000, US $ 60,000 or € 55,000).

Front lawn and pavement turned into a motorcycle parking space for Catholic Biblical School ‘Yeshua’ in a residential area. Medellín, October 2015.

13 Bogotá has a Mayor for the city but is also divided in twenty ‘towns’ or ‘localities’, each with a Deputy Mayor. 14 Barrios Unidos (United Neighbourhoods) is a town or locality located in North-East Bogotá. It is almost completely urban and holds a number of industries, entertainment centres and other commercial areas. 15 BLOG SIN DIOSES (No Gods Blog). 28th December 2015. ‘Paisa (from the Coffee Axis Region) Atheists Halt Unlicensed Church’. Retrieved (in Spanish) from http://blog-sin-dioses.blogspot.com.co/2015/12/ateos-paisas-logran-poner-freno-iglesia.html 111

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Public Estate Relinquished to the Catholic Church It is known that, in Bogotá, an important percentage of Catholic parishes were built on estate belonging to the city, many of them destined as green areas. It is estimated that circa 400 pieces of land have been grabbed by the Catholic Church without ever paying for them.

‘Mother of the Redeemer’ parish in Suba, North-West Bogotá.

This situation constitutes a clear example of a religious denomination being favoured. So far no district administration has sorted it out with the Catholic Church, the latter refusing to reimburse for the commercial value said terrains would have. There is another legal possibility, however: for the Catholic Church to reinstate the occupied area elsewhere for them to be used as public space. There seems to be no political will for this situation, though, partly in order not to disturb the privileged position of the Catholic Church.

Assessment Fair in general terms. While there are regulations on noise pollution, it is often necessary to resort to legal action to ensure their compliance. Authorities are generally unwilling or frightened to do their job of ordering religious communities to uphold the law. Religion in Colombia still gets unwarranted privileges and special treatment.

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Chapter 14 Conclusions and Recommendations Conclusions Colombia has a solid legal frame for secularism, largely strengthened by the Constitutional Court; nevertheless, the Secular State is still in process of consolidation. In practice, the State has not been able to completely separate itself from religion - particularly the Catholic Church - either due to institutional weakness, regional idiosyncrasies or collective imaginaries from a number of communities. Colombia is therefore yet to traverse a long path towards effectively materialising a genuine church/state separation. Two centuries of Catholic sovereignty are still exerting influence on public officers, who hitherto have not quite guaranteed religious neutrality. In the Secularism Scale suggested by this report, which goes from 0 to 50 points, Colombia obtained a score of 18 in 2010, increasing 10 points for 2017. Despite the admittedly remarkable progress, the Colombian State is yet to guarantee the secularism principle. Pressure from religious groups, chiefly Evangelical, has been on the rise throughout the last decade. The aforementioned groups have been recurringly putting forward a rejection of the Secular State in Colombia and advocating for clerical public entities. This pressure seriously threatens the rights of religious minorities, sexual minorities, women and non-religious individuals. Social sectors tending to uphold the Secular State manifest their preoccupation over the misuse departmental and district polling stations regarding theological liberties, as they can be directed at promoting specific creeds in public spaces and/or with public resources, rather than merely safeguarding freedom of religion. The period between 2010 and 2017 was marred by a strong ecclesiastical influence against state secularism. Alejandro Ordóñez’ term as Attorney General and the alliance of certain Christian sectors with Uribism resulted in secularism in Colombia facing a halt and even backpedalling. Colombia has not escaped the recent empowerment of right-wing conservative Evangelicals. Born in the USA, this political tendency directs a clerical crusade against LGBTI rights, euthanasia and abortion, aiming at sin/virtue categories from religion transcend to legal/illegal labels in Law. The political and social discourse which has been concocted by this religious and political movement is characterised by misinformation, which generates widespread confusion, as well as by vilifying (demonising) specific persons and ideas to foster fright. They therefore claim secularism equals atheism, and refer to respecting women and LGBTI rights as ‘gender ideology’, withdrawing legal authority from the gender focus methodology which has been deliberately distorted. Some denominations mistake religious freedom with the imposition of their dogmas in politics, thus having direct participation within state institutions in order to ensure public funds and generate further proselytism, as exemplified by gospel festivals by Pentecostal and Charismatic groups. Stemming from the strong influence exerted by right-wing Evangelicals, there has been a steady increase of articles, columns and news addressing concepts such as secularism and secular state since 2016. 114

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Public schools and Armed Forces and the Police bear most disrespect to state secularism than any other governmental settings. People in charge of said institutions are often largely influenced by a religious denomination and propagate related imagery, organise rites (frequently with compulsory attendance) and generate spaces and activities favourable for religious indoctrination, especially towards Catholicism.

Secularism in Colombia on a scale from 0 to 50.

Table. Compendiary of secularism in Colombia.

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Recommendations Based in the situations which have been observed throughout the 2010-2017 period, Atheist Bogotรก and the Bogotรก Atheist Association:

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Recognise and value the Constitutional Court verdicts which have safeguarded secularism in Colombia, and suggest it take into consideration the pedagogical process public entities ought to implement for said verdicts to be widespread.

Recommend all local or municipal authorities to be consistent with the separation of church and state and its upholding in every related space and activity they may be in charge of.

Recommend the Executive Branch at national, departmental and municipal levels to respect the state secularism, going forward in eliminating religious symbols linking institutions to a particular denomination, ceasing the destination of public funds for religious proselytism events, and promoting informative internal campaigns for their officers to be aware of the implications of a secular state. It also urges public religious freedom policies not to be manipulated to create spaces for religious propaganda, as determined by Sentence C-766 from 2010.

Recommend the Ministry of Education to be mindful of the serious indoctrination seen in many public schools across the national territory, and to issue notices entitling the Secretaries of Education and Directors of Studies to endorse the secular state. The Ministry is also asked to review the methods for imparting religious education to keep it from being proselytising, making it unbiased instead.

Status of Secularism in Colombia

Demand the Ministry of National Defence to stop discriminating members who do not adhere to Catholic Rites, and to put an end to identifying the Armed Forces and the Police with the Catholic Church.

Demand the National Police to obey Sentence T-152 from 2017, ordering the ceasing of religious acts linking the institution, which belongs to all Colombians, to the Roman Catholic Church.

Recommend the Attorney General Office to use its precaution, monitoring and sanctioning mechanisms on public officers violating state secularism principles in their actions, especially when public funds are at stake.

Invite human rights NGO’s as well as those focused on women’s rights and LGBTI rights, and especially Colombian civilians to acknowledge and recognise the secular state thus guarding state neutrality in religious matters.

Request religious organisations such as Confelirec (Colombian Confederation for Freedom of Religion, Conscience and Cult), the Inter-religious Council, Cedecol (Colombian Evangelical Council) and the Colombian Episcopal Conference to acknowledge and uphold the Constitutional Court verdicts ratifying the secularism of the Colombian state. It does not follow that the Secular State coaxes any violation whatsoever to religious freedom and, in fact, allows the endurance of religious minorities and is the best public model which fosters coexistence in a plural society.

10. Requests international humanist organisations to escort and team up with Atheist Bogotá and the

Bogotá Atheist Association, as well as other organisations defending secularism in Colombia, in order to counteract the rise of clerical dominance in Colombia and Latin America in general.

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Bibliography1 1886 Constitution of Colombia. http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=7153 1991 Constitution of Colombia. http://www.alcaldiabogota.gov.co/sisjur/normas/Norma1.jsp?i=4125 Beltrán W. (2017). The Evangelical vote, the new electoral plunder. https://www.razonpublica.com/index.php/politica-y-gobierno-temas-27/10496-el-voto-evangélico,-el-nuevo-botín-electoral.html Colombian Episcopal Conference (2012). Standards for religious education. Bogotá. Dennett D. (2007). Breaking the Spell: Religion as a Natural Phenomenon. Penguin Books. Reprint Edition. Fernández M. (2012). Basic Secularism Glossary. https://laicismo.org/2012/glosario-basico-de-laicismo/22679 García J. (2013). Secularism and Constitutional Justice. Mexico City. National Autonomous University of Mexico. Geertz C. (1988). Interpretation of Cultures. Barcelona. Gedisa. Guerrero J. (2014). The political process of the far right in Colombia and the collective imagery on international wars 1930 - 1945. Tunja. UPTC. Lensky G (1961). The religious factor. Barcelona, Labor. Nogueira H. (2006). Freedom of conscience, manifestation of beliefs and freedom of religion in the Chilean legal system. Lus et Praxis, 12 (2): 13 – 41. Stein G. (2005). What is an atheist? http://www.sindioses.org/simpleateismo/queesunateo.html

! All references were either originally published in Spanish or looked up from a Spanish translation unless otherwise indicated. 118

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Recommended Books Barranco B. (2014). Battles for the Secular State and the Reform to Religious Freedom. Debate. Bayona B. (2009). The Origins of the Secular State since the Middle Ages. Tecnos. Delgado F. (2006). Towards the Secular School. Laberinto. Llina M. (2010). The Unborn God: Religion, Politics and the Modern West. Debate. MonsivĂĄis C. (2010). Secular State and its Depreciators. Autonomous University of Mexico. Tejedor C. & PeĂąa-Ruiz H. (2009). Secular Anthology: 66 Discussed Texts to Understand Secularism. University of Salamanca. Tejedor C. et al. (2013). Notes on Secularism: Training Notebook 1. https://laicismo.org/2013/apuntes-sobre-laicismo/42476 Tejedor C. et al. (2013). Notes on Secularism: Training Notebook 2. https://laicismo.org/2015/apuntes-sobre-laicismo-ii-cuaderno-de-formacion/129644 Other Materials from Secular Europe: https://laicismo.org/categoria/raiz/europa_laica/formacion-el/materiales

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