CIVICUS speaks with Iván Chanis Barahona, president of Fundación Iguales, about the situation of LGBTQI+ people and the struggle for equal marriage rights in Panama.
Fundación Iguales is a Panamanian civil society organisation (CSO) aimed at ending discrimination based on sexual diversity through diagnosis, awareness-raising and human rights advocacy. Taking an intersectional approach, it also promotes the rights of women, Afro-descendant people, older people and other excluded groups.
What progress has the struggle for LGBTQI+ rights in Panama made since homosexuality was decriminalised in 2008?
Public opinion has steadily evolved towards an attitude of respect towards LGBTQI+ people. Although there is still a long way to go, especially due to the absence of public policies recognising the rights of the sexually diverse population, the strengthening of a civil society that promotes human rights is a tangible step forward.
It is important to emphasise that, although homosexuality was decriminalised in 2008, institutional discrimination has persisted, not only in attitudes but also in numerous rules and regulations. For instance, the police's disciplinary regulations include as a very serious offence ‘the practice of homosexuality and lesbianism’. This is as serious a misdemeanour as ‘firing unnecessary shots in a way that harms others’ or ‘physically attacking a colleague or subordinate’. The general regulations for firefighters also codify ‘publicly practising homosexuality (or lesbianism)’ as a very serious offence.
Likewise, homosexuals are still not allowed to donate blood and there is no law recognising gender identity or banning discrimination based on sexual orientation, gender identity or gender expression. Panama is also one of the few countries in the region without a law for the protection of human rights defenders.
What was the significance of the Inter-American Commission on Human Rights’ (IACHR) call for the approval of equal marriage in Panama?
The IACHR’s call came in 2020 in the context of a thematic hearing requested by Fundación Iguales in response to the long delay by Panama’s Supreme Court of Justice in processing the various claims of unconstitutionality of the ban on civil marriage between same-sex couples. The hearing generated many expectations, particularly among same-sex couples who, after years of waiting, had been denied their right to access to justice, and therefore their dignity.
Fundación Iguales and other LGBTQI+ human rights organisations were able to draw attention to our demands, and the IACHR was categorical in its recommendation that Panama should comply with its Inter-American commitments. But the expectations generated were clearly dashed because the government did not comply with the agreements resulting from the hearing, which included the establishment of a working group between the IACHR and the state to follow up on the demands we expressed at the hearing, and which the IACHR confirmed should be fulfilled within a short period of time.
How have Panamanian LGBTQI+ organisations, and Fundación Iguales in particular, worked to achieve legal change and overcome cultural resistance?
In recent years, LGBTQI+ organisations in Panama have grown and increased our advocacy work on various issues and in a variety of spaces, with good results. Collaboration among organisations has been key in addressing cultural resistance to our work.
At Fundación Iguales we have focused on social work and on supporting litigation around equal marriage claims before the Supreme Court. We make intensive use of the Inter-American human rights system, mainly through thematic hearings at the IACHR and by participating in the General Assembly of the Organization of American States. We also work within the framework of the global human rights system, leading national processes and sending input to bodies such as the United Nations (UN) Human Rights Committee and Committee on Economic, Social and Cultural Rights.
At the same time, Fundación Iguales has led a national campaign for same-sex civil marriage, Yes I Do, which has been joined by other CSOs such as Convive, Diversa, Hombres Trans and Pride Connection. Companies such as BBDO, Diageo and LLYC, and institutions including the Canadian and UK embassies and the Regional Office for Central America of the Office of the UN High Commissioner for Human Rights, among others, have joined in.
We have been supporting trans people in the long process to get their names changed for many years, together with the Panamanian Association of Trans People and Trans Men Panama. We have participated and collaborated in the organisation of Pride marches, with a focus on academic and cultural offerings, along with the lesbian feminist organisation the International Coalition of Women and Families.
Who supports and who opposes LGBTQI+ rights in Panama?
Those of us in favour are a diverse group that complement each other, strongly supported by our families and by young people overall. There are numerous companies, embassies, international institutions, media outlets, journalists and academic institutions that speak out strongly for Panama to be an inclusive country where LGBTQI+ people are respected and valued. Connections with other minority groups of Panama, such as Afro descendants, consolidate our intersectional message.
The group opposing our rights is an extreme faction of conservative and religious groups. However, it is important to clarify that many conservative and religious people in Panama are in favour of respect for and non-violence against LGBTQI+ people.
Unfortunately, many institutions that are supposed to protect us, such as the police and the Supreme Court, have strongly opposed sexual diversity rights. Their arguments are deeply flawed and tend to focus on a very schematic view of the ‘natural’ versus the ‘unnatural’. The Supreme Court shamefully expressed itself along these lines by stating that the primary function of marriage is procreation for the continuation of the species. The conclusions drawn from these arguments are extremely violent and unacceptable in any modern society.
Why is progress made in the field of public opinion still not reflected in the legal framework?
There has been very clear progress in the realm of public opinion. For instance, according to polls, the Yes I Do campaign has had a huge impact on Panamanian society: in just three years it shifted the opinions of more than 300,000 people, a huge number for a country of just 4.2 million. That so many non-LGBTQI+ people support our aspiration for a discrimination-free society is a clear sign of change.
But these positive changes are not reflected in the legal framework due to a lack of political will. Our country has an outdated, populist, ineffective and unethical political leadership. Our leaders haven’t understood that they are dissociated from the changes of our time in terms of the evolution of human rights, international law and the principles of liberal democracy. But change is unstoppable: new generations are clearly adopting pro-rights, pro-diversity and pro-inclusion positions, and it is only a matter of time before they reach key decision-making positions.
How is the struggle continuing given that the Supreme Court has upheld the constitutionality of the ban on same-sex marriage?
The struggle will consolidate, reinvent itself and go on. By giving the government the green light to discriminate, in this case against same-sex couples and their right to form a family that is recognised and protected by the state, the Court has made clear its animus towards LGBTQI+ people. No longer can anyone say that discrimination is subtle or imaginary: it has become obvious and obscene to all people, not just to LGBTQI+ people who suffer it directly. The situation has become clearer than ever, which has led to more people engaging in the struggle for LGBTQI+ rights.
In sum, the Court’s deplorable decision has broadened the reach of the LGBTQI+ cause, and in that sense constitutes a key moment in the move towards shaping the country we want, with a focus on protecting human rights and the environment, combating social and economic inequalities and promoting transparency and the fight against corruption.
Civic space in Panama is rated as ‘narrowed’ by the CIVICUS Monitor.
Get in touch with Fundación Iguales through its website or Facebook page, and follow @figualespanama on Twitter.
