region

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4. Political background and human rights of transgender people across the region

To draw a clear picture of the legislative advances made at the national level, the Regional Secretary Office of REDLACTRANS gathered the accounts of NTRO representatives.

This exercise will highlight some key characteristics of the national context to understand the major complications faced by trans people at global level due to the lack of access to human rights, the lack of legal recognition undermining our identities and lack of political will to include us in the design and approval of programs to support vulnerable populations. Below we break down access to human rights by trans people per country.

ARGENTINA

No legal developments took place in 2019. It marked the last year of implementation of neoliberal policies; it was a period signaled by severe setbacks in trans persons’ guarantees and access to human rights. The tight budget and lack of political will mainly affected trans people.

In 2020, despite the change in administration, the lives of transgender people have been doubly affected during the COVID-19 pandemic. After the presidential decree that introduced the mandatory lockdown was issued, trans people lost their jobs and were deprived of access to food or hygiene and cleaning products.

In early September 2020, Alberto Fernández, through Presidential Decree No. 721/2020, established the hiring quota in the public sector for transgender people, ensuring that at least 1% of all positions and employment contracts be earmarked for cross-dressers, transsexual and transgender individuals. Several sectors expanded their headcount hiring trans people but as of the date of issuance of this report, there have been no major changes and the transgender community remains excluded from the formal employment system.

Even though this decree has been a significant step, it is not enough. Hence, Argentina’s NTRO, the ATTTA (Asociación de Travestis, Transexuales y Transgéneros de Argentina) brought forward Comprehensive Trans Bill that proposes a series of measures and programs to provide trans people with access to comprehensive health, education, work, justice, reparations and housing, among others. The bill is being reviewed in Congress and we expect it to be debated so that trans human

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rights are enforced.

Marcela Romero, REDLACTRANS Regional Coordinator and ATTTA President stated: “The state still owes us; human rights violations against the trans community during the dictatorship and democracy have not been repaired yet. We should no longer ask for permission; Comprehensive Trans Law should make no concessions. We can’t settle with a quota; otherwise, trans women over 35 will be left out.” (M. Romero, personal communication, November 2020)

Moreover, the hate crimes and institutional violence suffered by the trans community prevent us from focusing on specific actions related to access to human rights.

As explained by Marcela Romero, “Without budgets, real inclusion and political will, trans people in Argentina remain victims of an oppressive system that pushes us into secrecy and poverty.” (M. Romero, personal communication, November 2020)

BAHAMAS

The situation of the transgender population is unstable and complex. As mentioned by national representative Alexus D'Marco, “we should have the right to live peacefully and be at ease with who we are. We should live in a country with laws in place and political will, and as Bahamian citizens we are entitled to such right; should there be a legal vacuum, we need to claim our rights” (A. D'Marco, personal communication, November 2020). For example, name change is a vested right. However, gender change in personal IDs is not. There is a great lack of government support. Trans people in Bahamas can work and circulate based on their gender expression. Unfortunately, due to stigma and discrimination, there are no job opportunities, which increases poverty and social exclusion for a population that has no support and is left to marginalization and forced migration.

BARBADOS

The situation faced by the transgender population is extremely delicate in Barbados. Laws in force still criminalize transgender or LGBTI+ identities. The 2020 Employment and Nondiscrimination Law was debated. Although there were efforts to protect transgender identities, the trans community was not included in the debate and is still discriminated against and expelled from employment opportunities on the basis of gender identity and expression.

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Same-sex marriage is being debated; should it be approved, it will serve as a strong precedent and will mark great progress for the entire LGBT+ population. As mentioned by Barbados’ national representative Alexa Hoffman: “In my opinion, this is a particularly important issue for trans people as it may affect our ability to share any stock of wealth accumulated during our life with the person with whom we built a home or should anything unexpected happen to us” (A. Hoffman, personal communication, November 2020). Under current regulations, a person is required to be acquainted with the legal terms and evidence good mental health and financial resources to draft their last will and testament where they can appoint their partners as executors and main beneficiaries after the death of a spouse.

BELIZE

There were no legal advances in Belize benefiting or favoring the full development of trans people. As in many countries, the lack of government response during the COVID-19 pandemic completely halted the initiatives planned. The year 2020 was characterized by a change in government; for example, the bill on equal opportunities was not reviewed and passed to Parliament as it was fiercely resisted by religious sectors. This bill is essential because, in addition to combating discrimination, it advocates the respect of self-perceived gender identity. The government did not consider the obstacles faced by the transgender population to access the benefits other Belizeans are entitled to, such as personal IDs, social security benefits or unfair dismissal rights. No HIV healthcare protocols have been established; should trans people need to access the system, they can only get it through different NGOs. Finally, COVID-19 testing has heightened discrimination against transgender people.

BOLIVIA

In 2019, Bolivia was immersed in a deep political crisis. The government was overthrown and an interim administration supported by the military took office. The Presidency was occupied by a person with controversial opinions on transgender people, sexual orientation, and gender identity and expression. In 2020, during the toughest months of the COVID-19 pandemic, transgender people had no government support whatsoever or social assistance to buy food. In September 2020, the Socialist Movement won presidential elections; as mentioned by Bolivia’s national representative Rayza Torriani “In the campaign for presidential elections, the Socialist Movement was the only party that invited the social and most vulnerable movements, particularly the trans community, to be part of their agendas

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to build an equal citizenship” (R. Torriani, personal communication, November 2020). The transgender population currently expects new and better public policies in their favor.

BRAZIL

Over the past few years, the trans community in Brazil has witnessed a lot of fight and resistance against a conservative government characterized by religion-based hate speech.

In 2020, we registered 184 transgender deaths, up by 50.82% with respect to 2019, in which 122 transgender deaths were registered. In 2019, 97% of those deaths involved transgender women, and 26% were white transgender women. Also, all registered murders involved cross-dressers and transgender women. The suicide rate does not reflect the actual scenario since many suicide cases are not informed and some are not reported to authorities. A total of 17 cases of suicide were registered in 2019. Moreover, it is impossible to identify a specific reason for the dramatic increase in murder cases in 2020. Due to the pandemic, people are supposed to stay home for their own safety. However, most cross-dressers and transgender women needed to work the streets to secure their income, even though they faced the risk of contracting coronavirus.

In addition, the NTRO mentioned the unprecedented achievements made by the trans population through the Judicial branch. The Brazilian Supreme Court upheld that Congress made an unconstitutional omission by failing to enact a law criminalizing homophobic and transphobic acts. Therefore, and after the trial on the Direct Action for the Declaration of Unconstitutionality by Omission No. 26 was held, the Supreme Court voted to include homophobia and transphobia as criminal offenses according to Anti-Racism Law No. 7716/1989 until the Brazilian Congress passes a law in this regard.

Another precedent is that in 2018, the Supreme Court ratified its understanding authorizing trans people to change their names in the Civil Registry without the need for a sex reassignment surgery. Trans persons’ autonomy and decision is sufficient to make the direct change in the Records Office.

CHILE

The social and political situation of trans persons in Chile was seriously worsened by

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the social context lived over the past two years. The last quarter of 2019 shook Sebastián Piñera’s administration. Different social groups raised their voice to demand more equality. They demanded that the Constitution that is a legacy of the Pinochet’s de facto government be amended.

Despite Gender Identity Law (2018), Chilean trans people still face barriers hindering access to human rights. As in other countries across the region, access to justice and the right to self-perceived gender identity are one of the major changes Amanda Jofré has been working on by sensitizing law enforcement forces.

The social and political situation of transgender people in Chile was aggravated by the social upheaval in 2019, mainly for economic reasons, which has grown worse with the COVID-19 pandemic in 2020. According to the national representative from the Amanda Jofré organization, more than 95% of Chilean and immigrant population have been affected by the social upheaval and the absence of government action. In 2020, the COVID-19 situation meant a recoil in the entire transgender agenda with political incidence in the government. However, the Amanda Jofré national organization has grown stronger and gained public attention because it was the transgender organization that provided humanitarian assistance to the transgender population, including elderly and correctional populations. Social demonstrations claimed a new National Constitution and, in October 2020, by means of a plebiscite, more than 70% of the population voted for a change. For the first time, the new Constitution will be drafted by an elected group of people (members of the Constitutional Convention) and Chilean transgender representatives will strive to exert political influence to advance transgender human rights.

The Chilean NTRO is still working on enforcing the human rights of trans people, as well as on approving a Comprehensive Trans Law ensuring access to all rights.

COLOMBIA

The Colombian transgender community claims concrete action. In 2020, 32 transgender people were victims of hate crimes and inexistent government action. Most of these people are under 30. All crimes remain unpunished and subject to no investigation or criminal proceedings. Once again, a situation characterized by total absence of concrete government action as there is no political or institutional will. The Colombian representative of REDLACTRANS and Red Comunitaria Trans (Trans Community Network) states that the organization has raised public awareness of these cases and highlights the role played by some media as allies in this effort.

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However, there is no answer from the government to date. As stated by the NTRO, “they are exterminating us because we are building ourselves as free women.” Also, 50% of the 388 registered cases of violence and discrimination involve different sorts of violence against transgender people.

There is total government absence as it fails to investigate deaths, it cremates bodies and closes cases in which perpetrators go unpunished. As in many countries within the region, there are no official data analyzing whether the human rights of trans people are enforced in Colombia.

As published by the NTROs in their social networks, according to data published by the Human Rights Direction of the Secretary of State, 8% of cases of police violence in Bogotá are related to trans people. This figure is alarming if we consider that we ignore the total number of trans people living in the capital of Colombia where the cases of violence and human rights violations are reported and trans people continue to be the target of intimidation and threats upon filing the report.

COSTA RICA

There have been no political changes or legislative developments to favor the transgender population.

In 2017, Costa Rica set a major precedent for trans people across the region. The Inter-American Court of Human Rights, through Advisory Opinion OC-24/17, highlighted that States are obliged to refrain from carrying out actions that might in any way be aimed to create, whether directly or indirectly, situations of discrimination de jure or de facto, considering that the notion of equality is inseparable from a person’s key dignity. In other words, States should adopt all legislative, administrative and other measures to ensure equal access to human rights and nondiscrimination on the basis of sexual orientation or gender identity.

Although it is true that Advisory Opinion OC24/17 has been approved, there are still significant human rights violations since the transgender population still has to bear with birth certificates indicating names they do not identify with. The same happens with personal IDs, which fail to recognize the gender with which the transgender population identifies. This leaves a great room for discrimination. During the COVID19 pandemic, the violation of transgender human rights worsened. We were greatly affected by the restrictions and decrease in the number of clients, limiting our income; many trans women were unable to pay rent and were evicted from hotels or

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rooming houses. There is also a sharp increase in street violence against the transgender population. In December, a fellow transgender woman was murdered for engaging in sex work. Moreover, newspapers maliciously ignored her gender identity and expression. Xenophobia towards the migrant transgender population has also increased and the government has provided no support. The transgender population has not been covered by any assistance plan during and after lockdown.

ECUADOR

There have been no political or human rights changes to benefit or favor the transgender population. On the contrary, the recognition of transgender children through the Amanda Case is still under discussion in court, even after filing an amicus curiae brief. Also, the government has ceased all communication and cooperation with the transgender and LGBTI movement, and the response to transgender femicides are more and more deficient.

EL SALVADOR

During 2019 and after the change in administration, the public agenda on human rights has seen no progress. Thus, the initiatives for the transgender population carried out in coordination with different government agencies have ceased. The new administration closed the Department of Social Inclusion, so the Direction of Sexual Diversity, which was the liaison between the civil society and the government, ceased to exist. The monitoring made to ensure public fulfillment of Executive Decree No. 56 on nondiscrimination on the basis of sexual orientation, gender identity and expression also ceased to exist. This lack of political will dramatically affects trans people requesting access to health, employment or education.

In 2019, advocacy efforts were made to advance passing of Gender Identity Law. The draft bill is still under “review” by the Committee on Women and Gender Equality of the Legislative Assembly. More specific actions are planned for 2020, such as the claim of unconstitutionality with the Supreme Court of El Salvador given the lawmakers’ negligence and lack of interest in debating the bill drafted and backed by the organizations.

As described by El Salvador’s national representative, transgender people were left totally exposed during the COVID-19 pandemic, which evidences the violation of their human rights. No decent health services can be accessed and the self-

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perceived identity of trans people is violated daily as there are no protocols or public policies in place, increasing the cases of discrimination and stigma. Moreover, Salvadorans were confined due to the militarization during the state of emergency recording thousands of cases of institutional violence.

The national report issued by the NTRO of El Salvador states that during the mandatory lockdown, 86.3% of trans women suffered rights violations.

Although article 3 of El Salvador’s Constitution establishes the principle of equality and nondiscrimination, trans women are not entitled to the same rights as the rest of the population, such as the guarantee to freely exercise the power of selfdetermination of the right to personal and sexual identity, an inherent expression of human dignity, key to comprehensive development. When the state fails to ensure the freedom of being who we are, it affects the enjoyment of all human rights and access to a minimum quality of life.

THE UNITED STATES

The report included below arises from a series of interviews conducted by the Regional Secretary Office of REDLACTRANS to Washington representative from May through July 2020:

• TORTURES AND VIOLATIONS OF HUMAN RIGTHS AGAINST THE TRANS COMMUNITY IN THE UNITED STATES How can they identify us if we are not even identified with our own gender when locked up? This was a question made by REDLACTRANS US representative with IACHR commissioners in 2019.

The situation faced by migrant trans people is complex and, even worse, when combined with marginalizing and discriminatory immigration policies as is the case in the United States.

The situation lived by African American trans women is also very complex; in addition to being victims of hate crimes and discrimination on the basis of gender, they are victims of the racism that mistreats and kills trans people in the United States.

Ruby Corado, founder of Casa Ruby, asserted: “We became aware of cases of trans people who are victims of state and social genocide accounting for the total lack of

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public policies and political will to solve this problem.” (R. Colorado, personal communication, July 2020)

On the one hand, we see a broken immigration system riddled with prejudice against trans people, subjecting them to high rates of employment insecurity, poverty, health risks and inequality. Being both trans and immigrant means suffering from double discrimination as a minority, encountering barriers that hinder access to essential human rights and exposing them to higher violent risks. These areas of conflict and discrimination are an obstacle to the full participation of transgender immigrants in society and poses more obstacles to reach legal status.

These situations worsen during a global crisis, such as that caused by the COVID-19 pandemic. They deepen and there are no tools to reduce damages.

Today, the transgender community has raised more public awareness than ever in the United States and the whole world. Unfortunately, they are subject to a proportional amount of violence.

This is evidenced by the violence and threats against Casa Ruby’s Director and transgender activist for the efforts made by the LGBTIQ Community Center to raise public awareness. Unfortunately, this is not an isolated case.

• FORCED MIGRATION AND INSTITUTIONAL VIOLENCE As we have already reported in 2019, the situation faced by trans people migrating to the United States in hope of better conditions is alarming.

In principle, there are cases of abuse and disappearance of trans people who leave their hometown and try to get to the United States. There is no country collaboration to obtain data and real information on these people so the number of trans deaths related to the “migrant caravan” is unknown. Once in US soil, there is a revictimization of trans people by the different consulates. This is a violation of the protectionist laws of the countries of origin by failing to provide documentation or access channels to justice for trans people. With no documentation, the possibilities of achieving the legal recognition of gender identity are nil.

• TRANS PEOPLE IN PRISON Trans people that arrive at the borders informally are detained and undergo a traumatic situation that violates their human rights.

- As part of the policies implemented by US law enforcement forces, the people

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who suffer trauma or symptoms affecting their mental health do not go to jail. However, in the case of trans people, this does not happen; they are directly locked up in cells.

- Trans people are transferred to state jails in which there is no sensitivity training to ensure the decent treatment of the LGBT+ population. In this context, trans people are crowded together in men blocks where they are sexually abused.

- Even though there is a manual on how to deal with LGBT+ people, it is not used. Trans people do not undergo medical checks, which is the first and main state violation.

- In this context, a trans immigrant person may be locked up from 3 to 5 years with no contact with the outside world.

This broken system damages 99% of trans people suffering from this situation and once they regain freedom, they are prone to having suicidal tendencies, developing substance abuse and engaging in sex work for survival.

The cycle repeats itself. Sex work is penalized and, as a consequence, trans people are taken back to jail.

• PERSECUTION, RACISM AND HATE CRIMES It is estimated that 40% of the transgender population are African American or Afrodescendants, and 10% are Latin American. In the land of “dreams and freedom”, sexism and patriarchy also kill.

Hate and gender crimes are also based on racism and xenophobia. Black trans people are killed for breaking the cultural stereotypes that suggest that “all men are strong” and that their role in society is related to a hypermasculinization of their identities. Latino and Latina transgender are hypersexualized, persecuted and killed.

• COVID-19 AND TRANS RESISTANCE In April 2020, the trans community in the region was shocked by the news of the death of trans activist Lorena Borjas due to COVID-19. Her case appeared in the media as she advocated for the human rights of migrants in the Unites States after being arrested for false accusations of sex work and human trafficking.

It is estimated that, between March and April, approximately 20 transgender people died of COVID-19, but, unfortunately, there is no record or information in this regard.

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Trans people received no recommendations or government assistance to respond to this global crisis and emergency. They are also unable to build assistance and support networks because communications may be interpreted as support to informal immigration and brought to trial and punished for human trafficking. This is the ordeal of being both migrant and trans.

GUATEMALA

The cases of human rights violations are no exception in Guatemala. Elections were held in 2019 and they were characterized by an unfavorable political context for transgender people because the main candidates were aligned with conservative and religious right-wingers that promoted a hatred-based ideology.

As from 2020, trans people are ruled by a conservative administration which main leader is explicitly against women’s rights and sexual diversity. Trans people and the LGBT+ community are not recognized as citizens with guarantees and access to human rights.

OTRANS published the results of the survey “Violencia simbólica a mujeres Trans en tiempos de COVID-19 en Guatemala 2020” (symbolic violence against trans women in times of COVID-19 in Guatemala in 2020) and concluded as follows:

- 57.4% of trans women surveyed are aged 18 to 30 and 33% are aged from 31 to 40. - 85.8% of women surveyed self-identify as mestizo.

From this group of trans women surveyed: - 31.25% currently engage in sex work; 18.75% in informal trade, and 16.47% are unemployed. - A total of 7 out of 10 did not receive public health services including comprehensive care during the COVID-19 pandemic. - 8 out of 10 do not turn to turn to health services for fear of stigma and discrimination. - 9 out of 10 trans women were affected by curfew and received no program aids or family subsidies. - 7 out of 10 turn to OTRANS to report cases of symbolic violence or discrimination during the COVID-19 pandemic.

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HAITI

The situation of transgender people in Haiti is highly damaged by fundamentalist religious sectors. Although there were not many advances or changes in legislation, the NTRO of Haiti mentioned that after the dissolution of Congress, the President announced two Presidential Decrees, one of which seems to favor trans identities. This order is expected to allow the transgender population to change their names, but it is highly ambiguous in this sense. The June 2020 decree was highly rejected by religious groups that launched a demonizing campaign heightening violence and discrimination against trans people.

In Haiti, gender identity is still confused with sexual orientation, and transgender Haitians face discrimination and ostracism from cisgender people, both heterosexual and homosexual. On the one hand, transgender people are discriminated against by the cisgender heterosexual community because they are associated with homosexual men and women; on the other, they are rejected by the LGB cisgender community because it is believed that they bring shame to them due to their “eccentric gender breach.” Haiti’s NTRO, ACIFVH (Community Action for the Integration of Vulnerable People in Haiti) created the first shelter for transgender people, KayTrans Ayiti, in 2019. This institution provides food, shelter, psychological assessment and support, legal advice, and HIV testing and treatment for 10 transgender persons without government support to finance their activities and provide support to more transgender people.

HONDURAS

The trans community of Honduras has no legal protection. A gender identity bill was introduced but it is subject to constant amendments that hinder its debate and passing.

In 2020, this bill is still pending debate due to the COVID-19 pandemic, the devastation caused by climate conditions and the lack of political will.

In 2019, section 321 of the Criminal Procedure Code of Honduras was reformed and the penalty and fine for discrimination was reduced. This reform mainly benefits public and private officers who continue trampling on trans people. The national representative for Honduras, Gabriela Redondo, stated that the structural problem affects the entire LGBT+ population, but mainly affects trans lives.

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During 2019-2020, hate crimes rose; the political system uses trans identities during election campaigns and then discards them; the health system is decadent. The representative herself was a victim of this situation as she was discriminated against by police officers during the pandemic while looking for food to support her family.

MEXICO

Several bills to grant legal recognition to transgender identities have been introduced. In 2019, bills were introduced in the States of Coahuilia, Colima, Hidalgo, Oaxaca, San Luis Potosí and Tlaxcala. In 2020, the advocacy action focused on: Jalisco, Sonora and Quintana Roo. Political and government changes affected trans people. In 2019, amendments and cuts were introduced to the National Budget, which caused many of the programs that were coordinated with NGOs, including the CENSIDA (National Center to Fight AIDS), to be put on hold.

Political and government changes have also affected transgender people. In 2019, there were federal budget amendments and cuts, and several programs with civil associations lost momentum. In 2020, this situation kept affecting transgender access and human rights since the continuous budget cuts devastated the health sector and, consequently, there was no medication for people living with HIV.

NICARAGUA

The lives of trans people in Nicaragua are marked by profound invisibility. The Nicaraguan NTRO referred to the lack of public programs and policies providing answers to the problems affecting the transgender population. As mentioned by the national representative Yadira Gómez, “trans people tried to raise their voices to underscore the needs affecting all sexually diverse people” (Y. Gómez, personal communication, November 2020).

There is a single resolution in place that attempts to fight discrimination. The national representative detailed that government programs are aimed at solving cisgender heterosexual problems. Besides, the current administration has shown no interest in generating social changes to shatter taboos about the LGBTI+ population given the decriminalization of homosexuality in 2008. There is no access in Nicaragua to comprehensive transgender healthcare and the only efforts made attempt to respond to HIV.

Stigma and discrimination also affect trans female sex workers. Gender violence is an issue that has not been open to debate. There is a total lack of awareness by

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decision makers on the lack of access to economic, political, social, cultural and environmental rights by the trans population.

PANAMA

The situation of transgender people has worsened due to the COVID-19 pandemic and the placement of restrictions. The institutional violence lived by trans people who had to leave their houses to look for food or hygiene items during the first months of the pandemic shows the importance and pressing need of enacting a Gender Identity Law. Presidential Decree No. 507 established specific days and times for people to leave their homes based on the gender indicated in their personal identification documents; therefore, transgender people whose self-perceived identities are not legally recognized suffered police abuse when demanded to exhibit their personal IDs.

Through the account made by national representative Venus Tejada we found out that 50 women and men changed their names in Panama’s Election Court. Advocacy actions to implement Same-Sex Marriage Law are also in place; should such law be enacted, it is expected to benefit trans people by recognizing their human right to start a family and profit from marriage benefits.

PARAGUAY

In spite of living in a deeply conservative and sexist society, organized transgender people have played a part in a series of advances and debates aimed at improving their quality of life in terms of access to human rights for all transgender people.

In 2020, a year characterized by the COVID-19 crisis, it became evident that trans people are ignored in state strategies and contingency plans to support vulnerable populations. As mentioned by national representative Viki Acosta, trans people are “orphans” of an absent state. Even so, in 2019, the NTRO participated in the Multisectoral Committee aimed at fostering dialog between government and civil society institutions. Among other topics, this committee fosters debate and exerts influence to pave the way to investigations that evidence the barriers to transgender people’s access to education, employment, health care and social protection.

Some achievements made by the NTRO are the approval of Ministry of Public Defense Resolution addressing respect for gender identity in the access to justice by

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LGBTI+ persons, and the conclusion of an agreement with the Ministry of Justice to work jointly with incarcerated trans population.

PERU

The political and human rights situation in Peru is the main barrier hindering the access to human rights. The only bill in favor of the transgender population is the Gender Identity Bill introduced in 2016, which has not yet left the Women and Constitution Committee, where it is pending consideration and voting.

This is due to the delicate political context Peru is immersed in. Besides, the parties that opposed the bill argue that trans people’s IDs contain information that is not related to their true identity. The ID includes the name assigned at birth and the biological sex with which people are born and registered in civil registries. This information is related to the objective element of the right to identity, which does not remain static but is dynamic. Both lawmakers and public officers consider that the sex registered in the ID is the biological sex.

Therefore, when trans people grow up and feel that the information recorded in their documents does not match their identity there are problems in amending such information, mainly because even today the methods for carrying out these changes are not clear and may even depend on the wishes of a third party in tiresome court proceedings.

At present, due to the political crisis, the work performed by the civil association gained no momentum at all. This is a major setback, especially in gender identity recognition matters due to the constant efforts invested by anti-rights groups who reject any gender-related initiative.

As mentioned by national representative Miluska Luzquiños, “we should consider that there are almost no frameworks to protect the human rights of trans women” (M. Luzquiños, personal communication, July 2020).

The only resource that we have is Decree No. 1323 against hate crimes and femicides. This decree consolidates the fight against femicides, family violence and gender violence. This decree, that sets forth that “committing a crime for motives of intolerance or discrimination, such as origin, race, religion, sex, sexual orientation, gender identity, genetic factors, affiliation, age, disability, language, ethnics and cultural identity, clothes, opinion, economic status or other” is an aggravating factor, tried to be abrogated by Fujimori followers in an effort to remove gender violence, sexual orientation and gender identity from protective provisions. The abrogation

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was partially approved and Congress was subsequently dissolved. National representative Miluska Luzquiños stated: “This situation is important. It may serve as a precedent for the cases proposed” (M. Luzquiños, personal communication, July 2020). She refers to an alliance with the Ministry of Justice and Women that acknowledges that trans women are women and that their vulnerability exposes them to hate crimes on the basis of gender identity.

DOMINICAN REPUBLIC

Transgender people are subject to alarmingly high level of gender-based violence. Moreover, they are victims of the most atrocious hate crimes. In 2019, the NTRO of this country issued the “Human Rights National Plan”, which demanded Congress pass the Equality and Non-Discrimination Law. This bill establishes the inclusion of transgender people in the GLBTIQ community of the Dominican Republic, where it is transgender women who make contributions to advance access to human rights for the whole population. In 2020, the bill was introduced in Congress with the support of representative Juan Dionisio. This initiative does not only benefit the GLBTIQ community, it focuses on the protection of different vulnerable groups.

There are no parliament protocols or programs favoring trans people; the NTRO is conducting several actions to promote public policies from different Ministries of Government Services concerning education, health and employment to include transgender people.

There was a change in administration in the last period, which resulted in a paradigm shift after 16 years of the same political ideology. Trans people in the Dominican Republic were never considered in national plans, let alone the government’s or social services’ agenda. The NTRO highlights that they mainly receive support from international agencies to assist the community or strengthen political actions advocating for human rights.

TRINIDAD AND TOBAGO

For transgender people living in Trinidad and Tobago, there are no parliamentary initiatives aimed at improving the quality of life or access to transgender human rights.

Hate crimes and violence on the basis of gender mainly affect trans people and those who receive no answers from the state or security personnel.