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Peru continues to lag behind other Latin American countries on LGBTQ rights

Attempts to ‘heal homosexuality’ remain legally protected

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The Government House of Peru is located on Lima's Plaza de Armas. (Washington Blade photo by Michael K. Lavers)

Peru is one of the few Latin American countries without pro-LGBTQ laws, and this evident backwardness in comparison to neighboring countries translates into a lower quality of life for those who do not identify as heterosexual.

LGBTQ Peruvians are highly vulnerable because of their sexual orientation and gender identity, and they also lack a regulatory framework that recognizes and protects them. This reality makes it more difficult for them to fight for equal rights in the areas of health, education and work, among others.

So-called conversion therapy is still allowed in Peru, and attempts to “heal homosexuality” remain legally protected.

The Peruvian Ministry of Justice at the end of 2020 requested for the first time a survey that focused on the LGBTQ community. It revealed 71 percent of Peruvians considers LGBTQ people are the most discriminated group in the country.

The Inter-American Court of Human Rights in 2020 held the Peruvian state responsible for the rape and torture of Azul Rojas Marin, a transgender woman, and ordered it to provide medical, psychological and/or psychiatric treatment and to prosecute the officers who tortured her. The ruling also called on Peru to track anti-LGBTQ violence in the country and develop a national strategy to respond to it.

None of this has been complied with so far, demonstrating the state’s indifference to LGBTQ rights. 

“LGBTI people are succinctly recognized in some regional or municipal ordinances at the local level, however, they have no recognition in any national legislation explicitly, which addresses their needs,” George Hale, institutional development director of Promsex, a Peruvian LGBTQ rights group, told the Washington Blade.

Jorge Apolaya, who has been organizing Pride marches in Peru for years, said that “discrimination against LGBTQ+ people in the country is associated with a heterosexist culture that continues to permeate the different spheres of society, not only in public services that should be available to all people regardless of their sexual orientation and/or gender expression or identity, but also in families whose structures continue to violate non-heterosexual people.”

Peruvian lawmakers recently passed a bill that eliminates the possibility of having comprehensive sexual education with a gender focus in schools, handing that power to parents. The country is one of the few in South America that allows it.

Most of the activists in Peru with whom the Blade spoke agree that previous governments have made no progress on LGBTQ rights, and that scenario will not improve because President Pedro Castillo, who took office last year, has publicly stated LGBTQ rights are not a priority for his administration.

Then-Congressman Carlos Bruce in 2014 came out as gay in an interview with a Peruvian newspaper. Alberto de Belaunde in 2016 became the first openly gay man elected to the Peruvian Congress. 

Former Peruvian Congressman Alberto de Belaunde. (Photo courtesy of Alberto de Belaunde)

De Belaunde tried to pass various bills that his colleagues did not support. He did, however, manage to start a public debate about the lives of LGBTQ Peruvians and responded to hate speech.

De Belaunde told the Blade that “Peru is a country with a serious problem of inequality, where not all its citizens have the same rights. The LGBTQ+ community faces a serious problem of exclusion as they do not see basic rights recognized and respected, such as the right to identity or the right to equality, and this impacts their quality of life.”

He also said the COVID-19 pandemic worsened the vulnerability of LGBTQ people, particularly trans people after former President Martín Vizcarra at one point implemented a “pico y género” rule that allowed people to leave their homes based on their gender. This regulation generated a wave of violence — mainly against trans women — in Peru.

De Belaunde did not run for re-election last year, but two LGBTQ politicians entered Congress.

​​Susel Paredes from the center-left Purple Party became the first openly lesbian congressman in Peru. She also received the most votes of any woman who ran for Congress.

Peruvian Congresswoman Susel Paredes. (Photo courtesy of Susel Paredes)

Alejando Cavero of the right-wing Avanza País party became the second openly gay man elected to Congress.

Paredes explained to the Blade from her office in Lima, the Peruvian capital, that she is currently working to pass a marriage equality bill and another that would protect people based on their gender identity. Paredes said civil unions are unacceptable “because we are looking for full equality, not special laws for us.”

Cavero, on the other hand, has announced he will soon introduce a civil unions bill.  

He is also considering the elimination of the word marriage, leaving it exclusively for the religious sphere. Paredes and some Peruvian LGBTQ activists do not support this strategy.

Paredes, however, acknowledged her expectations regarding the approval of equal marriage in this Congress have no possibilities. She therefore said she will support Cavero’s civil unions bill.

“The possibilities that equal marriage will be approved are very limited and scarce due to the composition of the and scarce due to the composition of the Congress,” emphasized Paredes. “It is a Congress that has some left-wing conservatives and some right-wing conservatives. And the Peruvian right wing is absolutely conservative, there is no modern liberal right wing.”

“I believe that the civil union bill will be approved. But for that, we have to keep pushing for equal marriage. That way, the civil union bill will be approved faster and at last LGBTQ+ families will be able to have an institutionality,” she stressed.

Paredes is currently seeking legal recognition of her 2016 marriage in the U.S.

She said she will bring her case to the Inter-American Court of Human Rights if Peru’s Constitutional Court rules against her.

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South America

Activists across South America mark Pride Month

Demonstration in Chilean capital drew more than 100,000 people

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More than 100,000 people attended a Pride protest in Santiago, Chile, on June 25, 2022. (Photo courtesy of Gonzalo Velásquez)

Activists in Chile and across Latin America on June 25 took to the streets to celebrate Pride Month.

The Movement for Homosexual Integration and Liberation (Movilh) and Fundación Iguales in Chile organized a demonstration in Santiago, the country’s capital, in which more than 100,000 people participated. March organizers demanded the repeal of Article 365 of the Chilean Penal Code that criminalizes same-sex couples.

Movilh member Felipe Castillo explained “Article 365 of the Penal Code stigmatizes and discriminates against young homosexuals, as it sets 18 years as the age of sexual consent, when for heterosexuals it is 14 years.”

The U.N. Committee on the Rights of the Child has asked Chile to repeal Article 365. The country has committed to eliminate the law in an agreement it signed with Movilh in 2016 before the Inter-American Commission on Human Rights.

Chile’s marriage equality law took effect on March 10, the day before President Gabriel Boric took office. 

New Colombia president a sign of hope for LGBTQ, intersex activists

LGBTQ and intersex activists in Colombia are looking forward to what will be a new political era after former Bogotá Mayor Gustavo Petro won the second round of the country’s presidential elections on June 19. Petro, along with his running mate, Vice President-elect Francia Márquez, who will be the country’s first vice president of African descent, will be the first leftist executives in Colombian history.

A source in Bogotá, the Colombian capital, told the Washington Blade that Petro during the campaign pledged to fight violence and discrimination based on sexual orientation and gender identity and to implement policies “for the reaffirmation of gender identities and sexual orientation without barriers for all non-binary people and transgender people in Colombia.”

Manuel Velandia, a long-time Colombian LGBTQ and intersex activist who organized the country’s first demonstration in support of queer rights 39 years ago, told the Blade that authorities sent a contingent of 100 police officers and “we — 29 gay men, two lesbian women and a transsexual woman — marched.”

“The march could take place because in Colombia it was a crime to be homosexual and we achieved the decriminalization of homosexuality in the Penal Code,” said Velandia.

Thousands of people took to the streets of Bogotá on June 25 to demand a nationwide LGBTQ and intersex strategy “as a measure to guarantee the rights of this population, combat discrimination based on sexual orientation, gender identity and expression, and sexual characteristics (OSIEGCS), and eliminate the barriers that persist for the materialization of the rights acquired by judicial means, according to national and international human rights standards.” 

Velandia explained to the Blade that activists are “writing a document of what we expect from the next government from president’s inauguration and during the first 100 days.”

“We now are focusing on the most priority issues,” said Velandia. “We think that a law that comes out of a ministry is not as important as a national law passed by Congress.”

Additional Pride marches will take place in Bogotá in the coming days.

Peruvian activists hold country’s largest-ever Pride march

The largest Pride march in Peru’s history took place on June 25 in Lima, the country’s capital.

“It has been the largest march in the 20 years of history of this massive activity,” activist Jorge Apolaya told the Blade. “[It was a] joyful rebellion, as we call it.”

Apoyala pointed out activists took to the streets because “it is necessary” for Peru and President Pedro Castillo’s government to act on “the demands of the LGBT population, the gender identity law, the equal marriage law that are pending before respective committees in the Congress of the Republic and generate the necessary discussions so that they can be debated.”

According to the activist, “the country continues to remain at the back door with respect to respect for LGBT human rights in the world, but not even in the world, but at the Latin American level.”

Protests prompt cancellation of many Ecuador Pride events

Protests that have taken place across Ecuador for more than two weeks prompted activists to suspend most activists and demonstrations in favor of LGBTQ and intersex rights that had been scheduled to take place this month.

“There are seven Prides that have already been suspended out of those that were scheduled,” Diane Rodríguez, a prominent Ecuadorian activist, told the Blade.

Rodríguez noted two marches in the cities of Santo Domingo and Loja were able to take place on Saturday.

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South America

Upwards of 4 million people attend São Paulo Pride parade

First round of Brazilian presidential election to take place Oct. 2

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Upwards of 4 million people participated in the São Paulo Pride parade in Brazil on June 19, 2022. (Photo courtesy of Renato Viterbo)

Upwards of four million people attended São Paulo’s annual Pride parade on Sunday.

AIDS Healthcare Foundation Brazil, Aliança Nacional LGBTI (National LGBTI Alliance) and Associaçao Nacional de Travestis e Transexuais (National Association of Travestis and Transsexuals) are among the myriad groups that participated.

Openly gay Brazilian Sen. Fabiano Contarato is among the elected officials who marched.

The theme of this year’s parade was “Vote with Pride.” 

The first round of Brazil’s presidential election will take place on Oct. 2.

Polls indicate President Jair Bolsonaro is trailing former President Luiz Inácio Lula da Silva. Bolsonaro has already sought to discredit the country’s electoral system, even though a group of more than 20 would-be hackers who gathered in the Brazilian capital of Brasília last month failed to infiltrate it.

Associaçao Nacional de Travestis e Transexuais President Keila Simpson and other activists with whom the Washington Blade spoke while in Brazil in March sharply criticized Bolsonaro over his rhetoric against LGBTQ and intersex Brazilians. 

A São Paulo HIV/AIDS service provider said Bolsonaro feels “AIDS is connected to faggots.” Other sources noted Bolsonaro has also suggested the COVID-19 vaccine causes AIDS.

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South America

Former Bogotá mayor elected Colombia’s first leftist president

LGBTQ and intersex activists welcomed Gustavo Petro’s election

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Former Bogotá Mayor Gustavo Petro votes in the second round of Colombia’s presidential election on June 19, 2022. (Screenshot courtesy of YouTube/AFP)

Former Bogotá Mayor Gustavo Petro on Sunday won the second round of Colombia’s presidential election.

Petro — a member of the Colombian Senate who was once a member of the M-19 guerrilla movement that disbanded in the 1990s — defeated former Bucaramanga Mayor Rodolfo Hernández by a 50.5-47.3 percent margin.

The former Bogotá mayor will be Colombia’s first leftist president when he takes office in August. Petro’s running mate, Francia Márquez, will be Colombia’s first female vice president of African descent.

“This is for our grandmothers and grandfathers, women, young people, LGTBIQ+ people, indigenous people, peasants, workers, victims, my Black community, those who resisted and those who are no longer with us … for all of Colombia,” tweeted Márquez after she and Petro won. “Today we are beginning to write a new history!”

Petro and Hernández faced off after they didn’t win at least 50 percent of the vote in the first round of the Colombian presidential election that took place on May 29.

Petro faced criticism ahead of the election because of his previous M-19 membership and fears his government will seek closer ties to Venezuelan President Nicolás Maduro’s government, among other things. 

One source in Bogotá on Sunday noted to the Washington Blade that Petro during the campaign pledged to fight violence and discrimination based on sexual orientation and gender identity and to implement policies “for the reaffirmation of gender and sexual orientation identities without barriers for all non-binary and transgender people in Colombia.” Tatiana Piñeros, a transgender woman who ran Bogotá’s social welfare and tourism office during Petro’s mayoralty that ended in 2015, welcomed the election results.

“I am very excited,” Piñeros told the Blade.

Wilson Castañeda is the director of Caribe Afirmativo, an LGBTQ and intersex rights group in northern Colombia.

Castañeda on Sunday said Petro and Márquez showed the “greatest commitment to the agenda of LGBT rights” out of the six campaigns in the election. Castañeda noted the campaign held “various meetings” with LGBTQ and intersex rights groups and pointed to the policies he implemented when he was Bogotá’s mayor.

“For the LGBT movement in Colombia, the triumph of the ‘Pacto Histórico’ campaign led by Gustavo Petro and Francia Márquez is very significant,” said Castañeda.

Angélica Lozano, a bisexual woman who became the first openly LGBTQ person elected to the Colombian Senate in 2018, and Mauricio Toro, the first out gay man elected to the country’s Congress, both praised Petro and Márquez.

“We will begin to write with all illusion a new page in the history of Colombia,” said Bogotá Mayor Claudia López, who is married to Lozano, in a tweet.

Chilean President Gabriel Boric, Cuban President Miguel Díaz-Canel, Honduran President Xiomara Castro and U.S. Secretary of State Antony Blinken are among the world leaders who also congratulated Petro and Márquez.

“On behalf of the United States, I congratulate the people of Colombia for making their voices heard in a free and fair presidential election,” said Blinken in a statement. “We commend the many officials, public servants, and volunteers whose dedication made these elections possible.

“The United States and Colombia enjoy deep bonds between our peoples, shared values and shared interests in democracy, security, inclusive economic prosperity and human rights,” added Blinken. “Cooperation between the United States and Colombia has improved public health, livelihoods, rule of law and environmental protections in both our countries and throughout the region. We look forward to working with President-elect Petro to further strengthen the U.S.-Colombia relationship and move our nations toward a better future.”

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