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Article

Legislative and Judicial Politics of LGBT Rights in the European Union  

Uladzislau Belavusau

Since the 1980s, the law of the European Union (EU) has become a substantial transnational source of political empowerment for LGBT actors in Europe. The Rome Treaty (1957), which established the European Economic Community, contained a gender equality clause. In the 1990s, this provision was used to protect employment rights of intersex individuals via litigation schemes based on EU law. Yet the subsequent attempts to push forward a similar legal protection for gay and lesbian equality at the Court of Justice of the European Union (CJEU), based on the EU sex-equality clause, failed. Since then, the position of the LGBT community in EU legislative politics has evolved significantly through two dimensions. First, the Amsterdam Treaty (1997) extended the number of grounds protected against discrimination in EU law, adding sexual orientation, among others, to this palette. The Amsterdam Treaty permitted the EU Council to adopt the Framework Equality Directive 2000/78/EC, an instrument of secondary Union law that has safeguarded minimum standards of protection against homophobia in relation to matters of employment in all member states. This framework EU legislation has been used by LGBT litigants in their fight for equal working opportunities and pension rights at the CJEU. Second, the introduction of EU citizenship by virtue of the Maastricht Treaty (1992) and the respective secondary law (the EU Citizenship Directive 2004/38/EC) have paved the way for status recognition of same-sex spouses in the member states that have not previously recognized same-sex partnership or marriage. The future of LGBT legislative politics and the LGBT community in Europe will largely depend on whether EU law is able to extend protection beyond the current confines of the employment area, broaden its scope to cover social dimensions such as health and education, and fully recognize same-sex marriages and partnerships throughout the EU.

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Public Policies Toward LGBT People and Rights in Latin America  

José Fernando Serrano-Amaya, Manuel Alejandro Rodríguez Rondón, and Natalia Daza-Niño

In the last 20 years, several countries in Latin America have sought uneven and disparate legal transformations affecting the lives of lesbian, gay, bisexual, and transgender (LGBT) individuals and collectives. These new legal measures have taken place simultaneously, with deepening structures of social, gender, and sexual injustice challenging their view as indicators of progressive change. In this contradictory context, LGBT social policies have emerged as a specialized field of state action because of two parallel trends: the macro political politics affecting the region, and the accumulated experience of gender and sexual social mobilizations in their interactions with the state. There are many variations of this emerging field of social policies because it is shaped by the meaning provided by local actors such as interest groups, activists, and policy makers, and their translation into policy lobbying, policymaking, and policy negotiation. As result of these innovations, gender identity and sexual orientation have nowadays entered into the language of policymaking and policy implementation. These legal measures have opened spaces for social and political participation that were not there before. Nevertheless, LGBT policies are new regimes of governmentality that control the inclusion of gender and sexual social mobilizations into citizenship and democracy.

Article

LGBT Movements in Taiwan, Hong Kong, and China  

Travis S. K. Kong, Hsiao-wei Kuan, Sky H. L. Lau, and Sara L. Friedman

Although Taiwan, Hong Kong, and China broadly share common social and cultural norms rooted in Confucian values and culturally Chinese family ideals, they have developed distinct political and economic trajectories since 1949 that have created very different possibilities for LGBT movements. Coming from the conservative political, social, and moral milieu of the 1950s through the 1970s, in the 1980s and 1990s, these societies witnessed a blooming of sexually alternative, even queer, cultural productions, commercial venues, and political activism, together with distinctive “gay,” “lesbian,” or tongzhi identities, among other self-identification labels. By the late 20th century, flows of people, ideas, concepts, and relationships had grown increasingly salient for emerging terms of identification and modes of organizing in all three societies. The diverse combinations of democracy, socialism, authoritarianism, and postcolonialism have shaped the content and direction of sexuality-based identities and sexual rights movements in these three societies. How explicitly these communities pursued visibility and claimed sexually specific identities, however, varied significantly both internally and in comparison across the three societies. The shared histories have created significant commonalities across the region; yet the different degrees of physical and societal openness and the extent of access to domestic and foreign interlocutors in these three societies have produced striking differences in LGBT citizens’ ability to claim diverse rights and protections under multifaceted forms of sexual citizenship.

Article

Europe’s LGBT Movement  

Douglas Page

Research on LGBT+ politics in Europe grew over the past few decades, paralleling societal changes regarding increased support for LGBT+ people. Competing examples of the two themes that are structured by support of LGBT+ people regarding LGBT+ rights, “progress/advancement” and “backlash/losses,” show the growing substantiation of gay rights and tolerance over the past few decades. Political debates regarding LGBT+ rights also have engendered more organized opposition to LGBT+ rights, often in the form of right-wing movements. Studies often are structured around public opinion, policy/legislation, or social movements. Critical theory regarding LGBT+ politics in Europe unpacks the implications of contemporary identity categories and political activities (that structure political science research), and the resulting exclusions especially with regard to gender identity. The following research objectives can help expand the study of LGBT+ politics in Europe: (1) to build from existing historical research regarding the social and legal construction of gender, sexuality, and the regulation of homosexuality, (2) to situate Europe in a global context which shows that European states increased persecution against homosexuality around the world, (3) to carry out more explicitly intersectional studies that show how groups representing multiple identities and institutional contexts can cooperate when facing intersecting sources of marginalization, and (4) to illuminate how sexual violence can stem from political institutions and recognize sexual violence as a central component of gender and sexuality.

Article

Citizenship of the European Union  

Willem Maas

Citizenship is usually conceptualized as a unitary and exclusive relationship between an individual and a sovereign state; yet the European Union (EU) has developed the most advanced form of contemporary supranational citizenship. Citizenship of the European Union guarantees EU citizens and most members of their families the right to move, live, and work across the territory of the EU. It also guarantees the right to vote in local and European elections in the member state of residence, the right to consular protection outside the EU when the member state of nationality is not represented, the right to access documents or petition Parliament or the Ombudsman in any of the official languages, and the right to be treated free from nationality-based discrimination. Though on the political agenda since the postwar origins of European integration, EU citizenship was not formalized into EU law until the Maastricht Treaty. Since then, the Court of Justice of the European Union (CJEU) has declared that “EU Citizenship is destined to be the fundamental status of nationals of the Member States” and there are ongoing discussions about the relationship between EU and member state citizenship. In terms of identity, increasing numbers of Europeans see themselves as citizens of the EU, and questions of citizenship are at the heart of debates about the nature of European integration.

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Citizenship Law as the Foundation for Political Participation in Africa  

Bronwen Manby

The question of membership and belonging is widely recognized to have been at the root of many political crises in Africa since independence. The legal frameworks for citizenship were largely inherited from the colonial powers and still show strong affinities across colonial legal traditions. However, most African states have enacted significant amendments to citizenship laws since independence, as they have grappled with issues of membership, aiming to include or exclude certain groups. Substantive provisions have diverged significantly in several countries from the original template. African states have shared global trends toward gender equality and acceptance of dual citizenship. In relation to acquisition of citizenship based on birth in the territory (jus soli) or based on descent (jus sanguinis), there has been less convergence. In all countries, naturalization is inaccessible to all but a few. Manipulation of citizenship law for political purposes has been common, as political opponents have at times been accused of being non-citizens as a way of excluding them from office, or groups of people have been denied recognition of citizenship as a means of disenfranchisement. Moreover, even in states where a substantial proportion of residents lack identity documents, it seems that the rules on citizenship established by law have themselves had an impact on political developments. The citizenship status of many thousands of people living in different countries across Africa remains unclear, in a context where many citizens and non-citizens lack any identity documentation that records their citizenship. The content of the law is arguably therefore less influential than in some other regions. A rapid development in identification systems and the increasing requirement to show identity documents to access services, however, is likely to increase the importance of citizenship law. In response to these challenges, the African continental institutions have developed, through standard setting and in decisions on individual cases, a continental normative framework that both borrows from and leads international law in the same field.

Article

Nigeria: Regional Politics and Dynamics  

Oliver Owen

The politics of Nigeria have often been considered a matter of managing social diversity in a political economy whose extremes have been exaggerated by oil money. But this story is incomplete without thinking instead more deeply about inequality, about political party origins and ideologies as well as identities, and about politics beyond parties and elections. Bureaucracy, mass mobilization, and everyday practice are equally important issues in Nigerian politics as the country moves through another economic transformation. Nigeria’s political structures have been built around questions of managing diversity and allocating resources, and the country’s federal system embeds a tension between how much power is managed from the center and how much is devolved to the constituent states and local governments. As well as parties, legislatures, and executives, security institutions have been prominent in the country’s political formation, and public institutions are both formed around, and are vectors of forming, elite social networks. Partly due to long-standing models of social legitimacy and partly as a result of the kind of identity politics Nigeria has chosen to manage diversity, models of citizenship based on localized belonging are pervasive drivers of political patterning. Political factions and parties, often characterized as election-winning aggregations of patron-client networks, also however embed distinct historical ideological traditions, which chart Nigeria’s movements between liberal capitalism and state-directed development and which have driven both domestic debates and a continental and regional leadership role. Tensions around inequalities and the realm of the political more generally cannot be understood as a matter of governmental institutions alone but bring in religion, gender construction, labor movements, the media, civil society, and new social movements, as well as the “ineffable politics” of tactic, techniques, norms, and practices that fix the realm of the political as a key part of everyday social and economic life.

Article

Slum Politics in Africa  

Jacqueline M. Klopp and Jeffrey W. Paller

Africa’s growing slums are complex, diverse neighborhoods with their own histories. Currently, these places, characterized by spatially concentrated poverty and human rights abuses, are where large proportions and, in many cases, the majority of Africa’s growing urban populations live. These slums often have a politics characterized by clientelism and repression, but also cooperation, accountability, and political mobilization. Importantly, they must be understood within a wider political context as products of larger historical processes that generate severe inequalities in standards of living, rights, and service provision. Varied approaches (modernization vs. more critical historical and political economy approaches) attempt to explain the emergence, dynamics, and persistence of slums and the politics that often produces, characterizes, and shapes them in Africa. While raising important questions about the link between urbanization and democracy, modernization theories, which are typically ahistorical, do not fully explain the persistence and actual growth of slums in African cities. More historically grounded political economy approaches better explain the formation and dynamics of slums in African cities, including the complex, uneven, and inadequate service delivery to these areas. Whether the conditions of Africa’s slums and the social injustice that undergirds them will give birth to greater democratization in Africa, which, in turn, will deliver radical improvements to the majority, is a critical unanswered question. Will social movements, populist opposition parties, and stronger citizenship claims for the poor ultimately emerge from slum—and wider city—politics? If so, will they address the political problem of inequality that the slum represents? A focus on cities, slums, and their politics is thus a core part of growing concern for the future of African cities and democratic politics on the continent.

Article

Homosexuality and Political Scandal Until 1919  

Anna Clark

Same-sex scandals often had political implications both on a superficial level of political rivalries and the larger level of political ideas. Scandals gain traction when sexual misbehavior becomes a metaphor for larger political misbehavior, for instance, mixing up one’s personal interests with governmental actions. Pre-20th century scandals were different than later ones because the notion of homosexuality as a fixed identity had not emerged. As historians have long shown, in the past same-sex desire was defined in very different ways, and not as a fixed, exclusive sexual orientation. In ancient Greece and Rome, politicians accused enemies of sexually submitting to other men to undercut their claims to citizenship even though it was acceptable for men to sexually dominate male slaves, foreign men, and non-citizen youths. In the early modern period, enemies could accuse politicians, aristocrats, or monarchs of indulging in sex with both men and women. In doing so they undercut the acceptability of a political structure based on dynasties and personal patronage. In the period up to World War I, radicals used same-sex desire not just to challenge individual politicians, but to challenge the militaristic, aristocratic dominance. Same-sex scandals could also justify imperial interventions, or conversely, undercut white pretensions to superiority. By the late 19th century, same-sex scandals also emerged out of larger controversies over police regulation of prostitution. Only at the very end of this period did the sexological notion of the homosexual as a distinct personality emerge as a (minor) factor in political scandals.

Article

Autochthony, Belonging, and Xenophobia in Africa  

Peter Geschiere

The renewed relevance of “autochthony” and similar notions of belonging in many parts of Africa is symptomatic of the confusing changes on the continent since the “post-Cold War moment.” Africa is certainly not exceptional in this respect. The “new world order,” so triumphantly announced by President George H. W. Bush in 1990 after the collapse of the Soviet Union, and the apparent victory of capitalism turned out to be marked by intensifying global flows, as expected, but also by an increasing obsession with belonging all over the globe, which was less expected. Yet, it may be important to emphasize as well that this upsurge of struggles over local belonging took on special aspects in Africa. The notion of autochthony has its own history on the continent, going back to the impact of colonialism, but building on older distinctions. However, it always sat uneasily with what many historians and anthropologists see as characteristic for African social formations: a heavy emphasis on mobility and inclusion of people: wealth in people. Since the last decades of the 20th century, there seems to be an increasing closure of local communities in many parts of the continent: a growing emphasis on exclusion rather than inclusion of newcomers, immigrants, or “strangers.” After a brief sketch of the history of autochthony on the continent, also in relation to parallel notions like ethnicity and indigeneity, the focus is placed on the factors behind such a tendency toward closure: increasing land scarcity, and especially the changing global context since 1990. In many parts of the continent, the neo-liberal twin of democratization and decentralization had the effect that the feeling of belonging to the village became of crucial importance again, as well for people who had already lived for generations in the cities. The implications of such a growing preoccupation with autochthony and local belonging for national citizenship and notions on civil society are highly variable and depend on historical context. However, one recurrent trait is the paradox between a promise of basic security (how can one belong more than if one is rooted in the soil?) and a practice of deep uncertainty. The receding quality of these claims to belong—autochthony as a basic denial of history, which always implies movement—allows that they always can be contested: One’s autochthony can always be unmasked as “fake,” with someone else belonging more. Autochthony can be institutionalized in various forms and to various degrees, but its basic uncertainty gives it a violent potential.

Article

Women, Equality, and Citizenship in Contemporary Africa  

Robtel Neajai Pailey

Though deeply contested, citizenship has come to be defined in gender-inclusive terms both as a status anchored in law, with attendant rights and resources, and as agency manifested in active political participation and representation. Scholars have argued that gender often determines how citizenship rights are distributed at household, community, national, and institutional levels, thereby leaving women with many responsibilities but few resources and little representation. Citizenship laws in different parts of Africa explicitly discriminate based on ethnicity, race, gender and religion, with women bearing the brunt of these inequities. In particular, African women have faced structural, institutional, and cultural barriers to ensuring full citizenship in policy and praxis, with contestations in the post-independence era centering around the fulfillment of citizenship rights embedded in law, practice, and lived experience. While African women’s concerns about their subjective roles as equal citizens were often sidelined during nationalist liberation movements, the post-independence era has presented more meaningful opportunities for women in the continent to demand equality of access to citizenship rights, resources, and representation. In contemporary times, a number of local, national, continental, and transnational developments have shaped the contours of the battle for women’s citizenship equality, including the prominence of domestic women’s movements; national constitutional reviews and revisions processes; electoral quotas; female labor force participation; and feminism as a unifying principle of gender justice. African women have had to overcome constraints imposed on them not only by patriarchy, but also by histories of slavery, colonialism, structural adjustment, land dispossession, militarism, and neoliberalism. They have often been subordinated in the domestic or private sphere, with gendered values and norms then undermining their agency in the public sphere. Although African women have managed to secure some political, socio-economic, and cultural rights, resources, and representation, this has certainly not been the panacea for achieving full equality of citizenship or gender justice.

Article

Regulation of Sexuality in the Global South  

Michelle L. Dion

Government regulation of sexuality includes prohibitions on same-sex intimacy, formation of families, and related rights of LGBT+ people due to their sexual orientation or gender identities. Countries in the Global South tend to lag behind those in the Global North in the recognition of LGBT+ rights, which overall tend to expand incrementally over time in response to LGBT+ activism, diffusion of international norms, and national economic, political and social context. Basic civil rights, including legalization of same-sex intimacy and marriage, are often a necessary precondition for LGBT+ access to the political right to organize and mobilize as an interest group as well as other social rights, such as health care and parental rights. In the developing world, Argentina and South Africa have been regional leaders in LGBT+ rights, and Latin America countries have tended to broaden protections earlier than countries at similar levels of development in Sub-Saharan Africa or Asia. Overall, in the early 21st century, the landscape of LGBT+ civil rights changed rapidly, while some political and social rights still lag behind.

Article

Russian and Eastern European LGBT Movements and Interest Groups  

Conor O'Dwyer

The development of LGBT movements and interest groups in Eastern Europe and the former Soviet Union reflects the region’s unique political development with respect to the experience of communism, the transition to democracy in the 1990s, the expanding influence of international institutions like the European Union (EU), and, most recently, trends of democratic backsliding and even reversion to outright authoritarian rule in some countries. Each of these aspects of the region’s political development has engendered debate among scholars and activists. There is consensus that the experience of communism strongly circumscribed not only the possibilities for activism but also, in some instances, even the possibilities for articulating LGBT identities. Nevertheless, a survey of the scholarship on postcommunist LGBT politics indicates divergent trajectories between countries of the former Soviet Union, where LGBT identities are less established and activism is less organized, and the former satellite states of Eastern Europe, whose experience under communism was shorter and, arguably, less intense. Without ignoring the evident deficits of Eastern Europe’s LGBT activism in the 1990s, its LGBT people benefited relative to counterparts in the former Soviet Union from a generally more successful transition to democracy and a greater degree of exposure to West European institutions, in particular the EU. The process of applying for EU membership, many scholars argue, advantaged these countries’ LGBT movements vis-à-vis their counterparts in the former Soviet Union by pressuring national governments to be more accommodating and by socializing elites and publics to Western Europe’s comparatively tolerant values and LGBT rights norms. Adjusting to these norms was sometimes contentious, but several scholars argue that, where conservative backlash against LGBT rights occurred during the EU’s first round of expansion in 2004 to 2007, it generally helped domestic activism by increasing its visibility and level of organization. Not all are so optimistic about the EU’s impact on LGBT activism, however, particularly those studying Yugoslavia’s successor states, for whom the EU accession process occurred later or is still ongoing. These scholars emphasize the difficulties of squaring EU norms about LGBT rights with national identity, particularly given the EU’s sometimes colonial-like relations with postcommunist societies. Others note that transnational rights advocacy supported by the EU has been matched by the rise of transnational antigay activism, and that the clash of transnational activism stalemates domestic progress on LGBT-friendly policies. Such critiques appear increasingly relevant as trends of democratic backsliding have emerged since the 2010 world financial crisis in former “success cases” of postcommunist transition and EU integration, notably Hungary and Poland. The latter’s democratic backsliding occurs within the larger context of Russia’s reversion to authoritarianism after the brief political opening of the 1990s. Across these three countries, governing elites have shown a readiness to make use of LGBT issues to define their illiberal ideologies and to mobilize voters. Whether these developments portend a narrowing of differences among LGBT movements in the former Soviet Union and Eastern Europe is a key question for future scholars.

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The Intersection of LGBT Rights and Religious Beliefs in the United States  

Emily R. Gill

Tension has long existed in the United State between the equality claims of LGBT individuals, on the one hand, and free exercise claims by those who hold that compelling equal treatment violates their convictions, on the other. This tension increased, however, after the United States Supreme Court extended marriage equality to same-sex couples nationwide. Equality advocates hold that antidiscrimination laws simply allow LGBT individuals to enjoy the same rights as others. Many religious advocates, however, believe that they are being prohibited from living out the implications of their conscientious beliefs. Neutrality between these conflicting claims cannot be achieved, as policies that appear neutral to one group appear non-neutral to the other. Private voluntary organizations are one site of conflict. Although private organizations should not typically be forced to reflect the values of the larger society, not all organizations are similarly situated within it. Groups such as the Boy Scouts should be able to exclude at will. Public authority does not itself always support the values of free and equal citizenship, and organizations may evolve over time as the Scouts itself has done. Organizations that exist within larger entities, however, fall into a different category. The Supreme Court was correct to uphold Hastings Law School in forcing the Christian Legal Society as a registered student organization to admit all comers. These groups also represent the values of a public entity and can continue to operate as independent entities if they so choose. The provision of services in connection with same-sex weddings and commitment ceremonies has been another site of conflict. In Craig v. Masterpiece Cakeshop (2015), the Supreme Court found narrowly that bakery owner Phillips could refuse to create cakes for same-sex wedding celebrations, as the state of Colorado had displayed animus toward Phillips’s religious beliefs. Commercial establishments, however, are public accommodations and generally should not be allowed to discriminate against customers on the basis of their identities. Discrimination against the activity or conduct of formal commitment is also discrimination against the identity or status of a same-sex couple. These kinds of cases do not admit of neutral solutions. Some suggest that those with religious reservations could advertise that they do not serve same-sex couples, but this is reminiscent of Jim Crow in the post–Civil War South. Jurisdictional pluralists suggest that the government designate a sphere of noninterference as a jurisdictional boundary that it will not cross. Thus individuals and associations with religious commitments would be free to pursue these interests with minimal interference. However, a prior authoritative structure must exist to define the nature and scope of this jurisdiction, just as the Constitution defines the relationships between the national government and the states. Applications for religious exemptions should not be treated more generously when they conflict with LGBT equality concerns than with equality claims based on race or gender. Although religious individuals and groups should be able to exercise their religious convictions within their areas of competence, in a liberal society and state they cannot define the limits of these areas.

Article

U.S. Military Service and LGBT Policy  

Marissa Reilly, Elizabeth L. Hillman, and Elliot Koltnow

Examining the evolution of U.S military policy reveals how debates about the rights and opportunities of lesbian, gay, bisexual, and transgender (LGBT) people have been shaped by military personnel policies, federal laws, and cultural practices within military units. LGBT individuals have experienced U.S. military service through regulatory regimes that have often defined them as burdensome deviants and denied them civil rights enjoyed by other service members. LGBT people have served as volunteers and conscripts, openly and in the closet. Key periods of U.S. military history for LGBT service include World War II, the Cold War, as well as the Vietnam War era, the “Don’t Ask, Don’t Tell” (DADT) regime (1994–2010), and the post-DADT period (2011 and beyond). During these periods of time, the armed forces and the United States reassessed the regulation of the service of LGBT service members and implemented changes that affected the rights, opportunities, and safety of LGBT military personnel and potential recruits. Those changes traced a path from outright exclusion of open service by LGBT persons to exemption, under which LGBT persons may serve under certain conditions, which often included the threat of expulsion, punishment, and extra-legal violence. In the post-DADT period, inclusion, or open service by some, but not all, LGBT groups, was made legal and safer through changes in law and military regulations and training that protected against some types of gender-identity and sexual orientation discrimination. Because serving openly in the military is a sign of full citizenship in the United States as well as a means of achieving economic security, eliminating limits on LGBT military service has long been a focus of advocates for civil rights. Military service has been perceived as proving a citizen’s loyalty and patriotism as well as offering material and social advancement. With many LGBT people at greater risk of unemployment, homelessness, and premature death as a result of violence and social ostracism, military service has been an especially critical opportunity for political and economic advancement. Honoring this history and identifying existing trends can help the United States, other nations, and international organizations to adapt their policies in recognition of gender and sexual diversity. Even when excluded by formal policy, people have found ways to serve, sometimes at great personal risk. Although their labor is officially lauded as an asset, their contributions and needs have not been fully recognized or appreciated by the state they pledged to serve. As the nation’s largest employer and provider of structural resources, the U.S. military’s support of LGBT military personnel and veterans matters greatly to social equity for a still-vulnerable LGBT population.

Article

The Path to Black Citizenship in Peru: Ethno-Racial Legislation and the Political Recognition of Afro-Descendants in the Country  

Mariela I. Noles Cotito

The formulation of legislation aimed at promoting and protecting the rights of racial and ethnic minorities in Latin America is a phenomenon that only became prevalent in the late 20th century. In fact, it was not until the end of the 1980s that a number of countries in the region began the process of constructing Black citizenship and providing Black people citizenship rights. During this period, deemed “multicultural constitutionalism,” some Latin American countries began to identify as multicultural states and/or included Black and Afro-descendant populations in their constitutional texts. The second stage of this process continued between 1990 and 2000, wherein some countries adopted a number of policies to address and eradicate racial inequality. Through these political choices, the adopting countries moved away from a structure of color-blind legalism and toward the official recognition of Indigenous and Black peoples’ collective rights. In Peru, although the political constitution was not amended, a robust body of ethno-racial legislation was introduced after the year 2000, demarking a structural shift in the country’s racial politics. This normative integration included the development of a number of national institutions and the promulgation of political measures promoting the advancement of Afro-descendants and other ethnic minorities. This integration process also led to the revision of existing legislation on racism and racial discrimination. By enacting this process, Peru committed to developing a process that would recognize Black citizenship in the country—one that began with the recognition of the political subjectivity of Black Peruvians and the creation of institutions for their social and political advancement.