Gay, lesbian, bisexual and transgender (glbt) activists from Buenos Aires are deeply concerned about the distressing pattern of human rights violations recently reported by CampaÜa Nacional Contra la Discriminaci„n a las Lesbianas, Gays, Bisexuales, Travestis y Transexuales in Buenos Aires, a group formed by activists concerned about the potential for abuse against the glbt community in Mendoza.

Buenos Aires activists have brought to our attention that transgender women in Mendoza are being arrested and assaulted by police solely because of their gender identity. These arrests are made under the guise of violations of Articles 54 and 81 of the Mendozan Constitution which penalize prostitution and scandalous behavior consecutively.

While in custody transgender women have been placed in basement cells with severely inadequate ventilation, sexually assaulted and denied access to medical treatment. These conditions contravene Article 25 of the American Declaration of the Rights and Duties of Man which states that everyone has the right to humane treatment during the time he/she is in custody.

It is further reported that young gay men who have a "feminine" appearance are being arrested under Article 78 (offenses against public modesty) and have been held in police stations for up to twelve hours at a time, and subjected to police brutality. We are deeply concerned by further reports of compulsory HIV testing of incarcerated young gay men under the order of local judges.

Transgender women who are sex workers are also submitted to compulsory HIV testing despite the fact that they carry with them Health Cards, signed by public hospital doctors, in which their negative HIV status is specified. These cards are periodically renewed and mandatory for all sex workers.

Compulsory HIV testing is prohibited by the National AIDS Law (23.754) and by several international treaties to which Argentina is a signatory. These include the Universal Declaration of Human Rights (Article 5) which provides that " no one shall be subjected to torture or to cruel inhuman or degrading treatment" and the American Convention on Human Rights (Chapter 11) which defines the right to privacy, both of which have constitutional status in Argentina.

These grave human rights violations in Mendoza are clear evidence of the urgent need for anti-discriminatory laws at a national level that supersede unconstitutional provincial statutes and codes. GLBT organizations in Argentina are requesting that the Argentinean Penal Code be modified in order to include specific penalties for discriminatory acts based on sexual orientation or identity.

Strongly worded letters should demand:

• Modification of the Argentinean Penal Code to penalize discriminatory acts based on sexual orientation or gender identity.
• Repeal of Articles 54, 81 and 78 of the Mendoza Constitution because they can be arbitrarily applied and do not penalize crimes but rather ways of being, dressing and acting that only concern the individual's freedom of expression. In the case of Article 54 (prostitution), Mendoza should follow the national Penal Code and that of other provinces which do not penalize sex workers.
• Establishment of an independent commission to investigate the incidents in Mendoza and to seek testimony from transgender sex workers, young people and others affected by police harassment. The commission should include national representatives of human rights organizations and journalists. A report on the situation would be released by the commission following the conclusion of its investigation and should include recommendations to be implemented by the local government.
• Immediate cessation of compulsory HIV testing on transgender people and sex workers. Health Cards issued by public hospitals should be accepted as valid.

Letters should be sent to:

Mr. Carlos Corach
Internal Affairs Ministry
& Ms. Alicia Pierini
Human Rights Under-Secretary

25 de Mayo 101
Buenos Aires
Argentina
Fax: (54 1) 343 23 26
Email: vigeni@sdh1.wamani.apc.org

Mendoza Governor
Mr. Arturo Lafalla

Palacio de Gobierno - 4to. Piso
(5500) Mendoza
Argentina
Fax: (54 61) 49 21 42
Not accessible through email

Please send copies to:

Campaña Nacional Contra la Discriminación a las
Lesbianas, Gays, Bisexuales, Travestis y Transexuales
Coordinación de Acciones Internacionales
(National Campaign To End Discrimination Against
Lesbians, Gays, Bisexuals, Transvestites and Transsexuals.
International Actions Coordination)

c/o Escrita en el Cuerpo
Peru 1330, 4to. Piso
Buenos Aires
Argentina
Email: ales@wamani.apc.org