Mexico: Local Official Calls For Barring LGBT People From Public Facilities
09/13/2000
SUMMARY
In the Mexican municipality of Aguascalientes, Mr. Jorge Alvarez Medina, Director of Regulations, has recently and publicly voiced his opposition to gays, lesbians, bisexuals, and transgender people. He has asserted that while he holds authority he will not allow "this type of people" access to any public facility (including schools and health institutions) or allow them to work in the public sector. These statements have generated a very strong reaction from both LGBT and human rights organizations, at local and national levels. Following intense demonstrations in Aguascalientes, activists from the Mexican Lesbian, Gay, Bisexual and Transgender Pride Committees met with local authorities and submitted a proposal for transforming Aguascalientes--now widely called the "Intolerance State"-- into a place where all citizens can feel safe and valued. IGLHRC supports the endeavors of the Committees and calls for letters to local authorities, condemning all forms of discrimination and encouraging them to take all necessary measures to educate their officers in more democratic ways of dealing with diversity.
Please write to:
- Lic. Manuel Cortina Reynoso
Sindico Procurador - Aguascalaientes
Phone/Fax: (52 49) 10-1057
manuelcortina@usa.net
And send a copy to:
- Lesbianas en Colectiva
- lesbianasencolectiva@correoweb.com
tel-fax: (52 5) 19-2005
Av. Xola 181. 1er. Piso
Col. Alamos, CP: 03400
SAMPLE LETTER
Dear Mr. Cortina Reynoso:
We are writing to you to express our concern over reports from Mexican activists of discriminatory statements and practices against lesbian, gay, bisexual, and transgender (LGBT) citizens on the part of Mr. Jorge Alvarez Medina, Director of Regulations in Aguascalientes.
Discriminatory statements cause stigma. They wound the essential humanity of those against whom they are directed, and validate if not incite violence. When spoken by public officials, however-by whose task is to serve the community, to enforce its laws, and to embody its values--such statements have a still more sinister force. They do not merely countenance hatred and the attendant threat of violence; they give them the stamp of legitimacy, the endorsement of authority. Public spaces and public services are a vital part of an open society. Some of them are literally necessary to physical or civic life, such as health care facilities and schools; some of them, such as parks and communal areas, symbolically affirm the potential solidarity of the community. They are not owned by any public officer. They belong to the community as a whole, and no citizen can be excluded from them by the adventitious exactions of prejudice.
We also acknowledge and applaud your efforts to reach a friendly solution and your openness to proposals from the communities affected, as well as the strong stance adopted by your administration against discrimination based on sexual orientation in access to employment, education, health care and public facilities in general. Together with local activists-including the Fundacion Aguascalientes de Lucha Contra el Sida (FALCONS)-we urge you to make these commitments tangible, by:
- the creation of a development and training center for LGBT communities, to be funded by the municipality;
- instituting anti-homophobia training for local officers;
- the creation of an AIDS/STDs prevention and control center, also funded by the municipality;
- the elimination of references to "morals and good habits" in the municipal code, provisions which are used by local police and other public officials to justify the abuse of LGBT people;
- permitting the selling of condoms in bars and discos.
All international human rights conventions ratified by Mexico uphold non-discrimination as a guiding principle in the enjoyment of fundamental rights and freedoms: the Universal Declaration of Human Rights (Article 1), the International Covenant on Economic, Social and Cultural Rights (Article 2), the International Covenant on Civil and Political Rights (Article 2) and the American Convention on Human Rights (Article 1). Moreover, the UDHR guarantees, in considering state employment, that "Everyone has the right to equal access to public service in his country" (Article 21), language that is echoed by the ICCPR (Article 25) and the ACHR (Article 23). The ACHR specifically observes that states may "regulate the exercise of [those] rights and opportunities . . . only on the basis of age, nationality, residence, language, education, civil and mental capacity, or sentencing by a competent court in criminal proceedings." Such aspects may conceivably be relevant to a person's capacity to fulfil duties in public service; sexual orientation is not. The Municipal President of Aguascalientes, Mr. Luis Reynoso Femat was thinking along similar lines when - according to activists' reports- he declared to national media that "personal life is not under discussion ... staff are evaluated only in terms of their integrity and efficiency."
We encourage you to take all necessary steps so that this regrettable episode becomes an opportunity for fruitful dialogue with your gay, lesbian, bisexual and transgender citizens and a learning experience for all public officials in Aguascalientes.
Sincerely,
BACKGROUND INFORMATION
On August 17, 2000, interviewed by the national TV network Televisa, the Director of Regulations of the Mexican municipality of Aguascalientes, Jorge Alvarez Medina, confirmed that the city council had authorized the Ojo Caliente Water Park to prohibit access "to dogs and homosexuals." In addition, a sign was posted at the entrance of the park clearly stating the exclusionary policy.
When asked about his thoughts on the gay community, Mr. Medina said that he was against "this type of people" and asserted that while he remains in charge of the municipal regulations he "will not allow access to homosexuals" in any public facility (including schools and health institutions) or allow them to work in the public sector. Both statements by Mr. Medina were printed in the national newspaper La Jornada on August 25, 2000.
The statements generated strong reactions from LGBT and human rights organizations, at local and national levels. Luis Armando Reynosa, Municipal President (the highest authority) in Aguascalientes, declared to journalist Flor Berenguer that it had been "just Mr. Medina's personal opinion" and that there was no municipal policy aimed at "firing anyone for having homosexual behavior."
Members of the Mexican Lesbian, Gay, Bisexual and Transgender Pride Committees traveled to Aguascalientes and organized a day-long demonstration before the Regulations Office on August 26, in support of local activists. The demonstration attracted wide media coverage; local citizens spontaneously brought food to the demonstrators, who demanded the firing of Mr. Medina and a meeting with the Governor or the Municipal President. They also declared Aguascalientes "the Intolerance State" and conducted a survey to assess the general public's feelings on the issue. Of the first 1,874 responses, 97% favored equality and fair treatment for lesbians and gays. Activists explain that popular consultation is an important political tool in Mexico, as the Constitution mandates the Government to "obeys the voice of the people."
Finally, the Committees met with the "Sindico Procurador"-second to the Municipal President in authority. The Sindico refused to ask for Mr. Medina's resignation but was open to other initiatives brought for by the Committees: these included distributing a booklet on Human Rights and Sexual Orientation (already successfully attempted in other Mexican states) and organizing a Human Rights Forum in Aguascalientes.
Local groups, including the Fundacion Aguascalientes de Lucha Contra el Sida (FALCONS), together with supporters from the capital and other parts of the country, have now submitted proposals for reform to municipal authorities. Activists are also planning a formal consultation with the citizens of Aguascalientes about their views on equality for gays and lesbians.
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