II Report on attacks and hate crimes against sexual and gender diversity in Vitoria-Gasteiz.Es the second consecutive year presented by Lumagorri HAT.

The 78-page report is a follow-up to the previous year, which lists the cases collected in the period May-2019 April 2018. One of the main headlines is that this second report contains a total of thirteen cases, while last year fifteen met. However, the members of Lumagorri are clear about this: During 2018, it has not been possible to verify and, therefore, it has not been possible to count the attacks that occurred in the same places and conditions in the previous year.

Most attacks have occurred against acts of direct discrimination against homosexuals and transsexuals in the Basque Country. On the other hand, unlike the 2017 report, the aggressions contained in this report have been more dispersed: they have occurred in very different places (Avenida de Gasteiz, Ensanche or Casco Viejo).

In addition, the report also includes painted anti-homosexuals, homophobic songs, anophoric skins and passivophobia appearing in public space or in a magazine. He also referred to the Catholic Church, while denouncing the statements of its representatives on therapies to cure homosexuality.

As for violence between people of the same gender, as in the 2017 report, there are also two cases this year. “This new reality makes an in-depth debate and legal organization of the issue essential to eradicate this type of discrimination that is not currently enshrined in legislation.”

As to the cases, they have strongly condemned the rape of a transsexual woman: “This is machist violence […]: misogynistic machismo and transphobia”.

Scarce resources

Lumagorri considers that when detecting attacks there is a glass ceiling, due to the scarcity of resources of the association: voluntary work and logistics limitada.Es mean, they are aware that there are more aggressions than those that have appeared in the report, and highlight one fact: 90% of cases are not reported and there are limits to detect all cases.

Sources from the Local Police of Vitoria-Gasteiz, on the contrary, have stated that no complaint has been filed for sexual orientation or identity. The Ertzaintza, for its part, received a complaint. These data, according to Lumagorri, show that there is a great difference between the social and the judicial reality.

Many of the cases collected by Lumagorri are not defined as hate crimes in the Penal Code and therefore discrimination as a whole is not covered by the law. Secondly, many victims do not report.

Observatory, necessary

With regard to visibility and hate speech, they have drawn a clear conclusion in the report: as visibility increases in the public sphere, there will be more aggression. “As more spaces for freedom are conquered, the risk of suffering from social LGBTBIphobia increases, as has been seen in Madrid and Barcelona.”

In this regard, the report concludes with a number of recommendations on the table to end LGBTBIphobia. The Centre for Hate Crimes against Sexual and Gender Diversity in Vitoria-Gasteiz needs to be set up and given the necessary resources. “Creating this resource is a new friendly creation, taking into account Lumagorri’s experience in this field.”