U.S COMMITTEE FOR REFUGEES AND IMMIGRANTS
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When the Law is Not Enough: The Persecution of LGBTQ+ Colombians

June 11, 2025

June is Pride Month in commemoration of the anniversary of the Stonewall riots, an uprising against the state-sponsored persecution of queer-and-trans people. Today, more than fifty years later, queer-and-trans people remain persecuted.

On paper, Colombia has some of the strongest protections in the Americas for lesbian, gay, bisexual, transgender, and queer (LBGTQ+) individuals. But it is one of the most dangerous countries in the region for queer-and-trans people, driving many to need to seek refuge elsewhere.

Over the past decade, countries in South America have made significant advancements in providing legal protections for queer-and-trans individuals. Marriage equality is the law on half of the continent—in six out of twelve countries, same-sex couples have the same rights as anyone else to wed.

Colombia is known for its strong framework of protection for LGBTQ+ people. Trans citizens can vote with their lived name. The country has codified same-sex marriage and allows same-sex couples to adopt children. It is also the site of the world’s first LGBTQ+ inclusive peace accord.

Despite these strong legal protections, Colombia typically ranks as one of the most dangerous countries in the Americas for queer-and-trans people, with violence particularly affecting those living in rural regions. In 2022, there were 164 reported killings of LGBTQ+ people in Colombia. This climate of fear and homophobic violence forcibly displaces many LGBTQ+ people, pushing them to seek safety in neighboring countries.

The mirage of legal protections can challenge LGBTQ+ Colombians’ ability to claim refugee status, because at the core of the refugee experience is the absence of state protection. To understand the gap between law and lived protection, USCRI Policy Analyst Alexia Gardner interviewed Giovanni Molinares, a researcher at Caribe Afirmativo. A leading LGBTQ+ advocacy group in Colombia, Caribe Afirmativo fights for the safety of queer-and-trans people, including Venezuelan refugees.

“On paper, Colombia looks progressive—comparable to Argentina, even better than Brazil in theory—but the reality is not that,” Molinares explained, going on to elaborate that this appearance hurts the asylum claims of LGBTQ+ Colombians seeking safety elsewhere. “When Colombians apply for asylum in the U.S., Canada, or Spain—main destinations—they go through a credibility interview and country-of-origin review.
And what happens is that all these protections make it look like Colombia is safe. But the violence and human rights violations [against LGBTQ+ people in Colombia] are frequent and serious. This [appearance of legal protections] leads to their asylum claims being denied.”

Strong laws might make it look like queer and trans people in Colombia are protected by the state—even if that is not the reality on the ground. It is important to understand that, for LGBTQ+ Colombians, these progressive legal frameworks do not negate their very real experiences of persecution. LGBTQ+ people deserve to be protected, not only in law but in practice.

 

Click here to read the full brief.

 

USCRI, founded in 1911, is a non-governmental, not-for-profit international organization committed to working on behalf of refugees and immigrants and their transition to a dignified life.

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