Access to justice is a basic principle of democratic states, as it guarantees that all people can assert their rights fairly and equitably.

When there are difficulties in accessing justice, people - especially those who are part of historically vulnerable groups - are unable to make their voices heard and exercise their rights fully. They also find it difficult to challenge discrimination and are deprived of mechanisms to hold accountable the States that have the primary obligation to promote, protect, and guarantee their human rights.

This reality particularly affects gay, lesbian, bisexual, transgender, intersex, and gender fluid (LGBTQI+) people, and is a barrier to their development and that of their families, communities, and countries.

Having spaces for participation and dialogue that build bridges among government actors, representatives of LGBTQI+ civil society and international cooperation is a key element for countries to advance in dismantling barriers to effective inclusion.

One such space is the Panama's National Observatory on the Human Rights of LGBTIQ+ people. Representatives of 14 LGBTIQ+ civil society organizations are part of the Observatory. They have a voice and vote in all decisions, occupy the positions of Vocal and Coordination, and make up the respective working tables.

This initiative, born a little over a year ago, is technically and financially supported by the Office of the United Nations Resident Coordinator in Panama, the Office of the United Nations High Commissioner for Human Rights through its regional office for Central America, the Joint United Nations Program on HIV/AIDS (UNAIDS) and the United Nations Development Programme (UNDP). The Panamanian Ombudsman's Office serves as the technical secretariat and facilitator for the participation of other governmental actors.

Historically, civil society has been at the forefront of recording human rights violations against the LGBTIQ+ population. The data collected in different national, regional, and global efforts and platforms have mainly reported on the violence suffered by these groups for reasons of stigma and discrimination based on sexual orientation, gender identity, or bodily variations.

These civil society-led data recording efforts in many countries have helped to take the next qualitative step: the production of official data on the human rights of LGBTIQ+ people in a sustainable manner, as a national effort to inform evidence-based public policy.   

This is the medium-term step that the Panama's National Observatory on the Human Rights of LGBTIQ+ people hopes to take: to assist in the identification and effective registration of cases of human rights violations against LGBTIQ+ persons, and, with the effective registration of cases, to channel complaints to the relevant governmental actors and promote evidence-based decision-making to make the corresponding adjustments and thus improve the enjoyment of all rights and the full exercise of citizenship for this population.

In a recent survey conducted by UNDP in 2023 in five countries in the Central American region about the vulnerabilities and lived experiences of LGBTQ+ people, it was found that of the more than 1,000 LGBTQ+ people surveyed in Panama: 

• 34 reported that they were prevented from continuing their studies, 113 indicated that they were denied or limited the opportunity for work or job advancement, and 106 indicated that they were denied entry or restricted access to restaurants, stores, or shopping centers because of their sexual orientation or gender identity. 
• 19% of respondents indicated knowing a member of the LGBTQ+ community who died a violent death in the previous 12 months because of their sexual orientation or gender identity. 
• Although more than 26% report having been violated or feeling that their rights were violated because of their sexual orientation or gender identity and 6.6% report having been victims of a crime or act of violence in their home, 72% did not file a complaint because they do not believe in the justice system (48%); they believe that no one will believe them (13%), they are afraid of being blamed for the violent act (17%); the aggressor is part of their family (8.5%) and/or the aggressor is part of the justice system (6.9%).

When the Member States of the United Nations approved and adopted the 2030 Agenda, they not only pledged to leave no one behind but also to strive to reach the furthest behind first. While the Observatory is still in its early stages, it is a concrete step towards making that commitment a reality in national public policies that will change lives.

Supporting spaces for participation and dialogue between civil society, government actors and international cooperation agencies to record, systematize, and respond to situations of discrimination and violence against LGBTIQ+ people is to promote the construction of more democratic and inclusive societies. It is to bet on a future in which all people, without discrimination based on sexual orientation, gender identity, or bodily variations, fully exercise all their rights. It is a matter of justice.