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48 Tulsa L. Rev. 1 (2012-2013)

handle is hein.journals/tlj48 and id is 1 raw text is: GIVING SHELTER FROM THE STORM: COLOMBIANS FLEEING PERSECUTION BASED ON SEXUAL ORIENTATION Luz E. Nagle* 1. INTRODUCTION ...............................................................2 11. PROVING ONE'S GAYNESS IN UNITED STATES ASYLUM PROCEEDINGS ......................3 Ill. CONDITIONS IN COLOMBIA AND CONSTITUTIONAL RIGHTS........... .............7 A. The Penal Code and the Fear of Homosexuality ............ .........7 B. Decriminalization of Homosexual Acts .................. .........9 IV. RECENT CONSTITUTIONAL COURT DECISIONS AND FAILURE OF THE GOVERNMENT TO ACT....................................................13 V. REAL DANGERS PERSIST FOR COLOMBIA'S LGBT POPULATION ...................17 VI. WELL-FOUNDED FEAR OF PERSECUTION .............................. .......22 VII. CONCLUSION ............................................................25 * Professor of Law, Stetson University College of Law. LL.D., Universidad Pontificia Bolivariana; J.D., College of William & Mary; LL.M., UCLA Law School, M.A., University of California at Los Angeles. The opinions expressed in this article belong solely to the author. The author wishes to acknowledge the valua- ble input and suggestions made by Professor Jason Palmer during the formation of this article, and the editing assistance provided by my Research Assistant Jon DeSantis. Having grown up in Colombia during a time of great social and political turmoil, having been trained in Co- lombian law and having served as a judge in the court of first instance in the 1980s before fleeing to the United States for my own personal safety following several assassination attempts by drug lords, I can empathize with the anxious, traumatized, and fearful individuals who seek safe haven under U.S. asylum laws. Having dedicat- ed my academic career and scholarship to understanding the many facets of law and society, human rights, in- ternational criminality, internal armed conflict and overwhelming corruption pervasive in Colombia and throughout Latin America, my perspective as an expert witness on behalf of more than seventy people fleeing for their lives to the United States for safety is credible and informed. It is my hope that this article will prove helpful to the judges who hear Colombian asylum cases. This article is dedicated to Colombia's LGBT community in the hope that they will one day know a society that tolerates and respects the constitutional and human rights of all who call themselves Colombian. 1

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