South America
Chileans overwhelmingly reject new constitution
Document would have enshrined LGBTQ rights in country
Chileans on Sunday overwhelmingly rejected a new constitution that would have enshrined LGBTQ rights in an unprecedented way.
Upwards of 80 percent of Chileans in October 2020 voted in favor of changing the constitution.
More than 60 percent of them rejected the new constitution in Sunday’s referendum. Slightly more than 38 percent of Chileans voted to approve it.
The need to change the current constitution, which is a legacy of Gen. Augusto Pinochet’s dictatorship, arose after social unrest in 2019 that exposed long-standing standing inequalities in the South American country.
The new constitution, which a Constitutional Convention with an equal number of men and women and eight openly LGBTQ members, was drafted in one year. Gaspar Domínguez, a gay doctor, was the Constitutional Convention’s vice president.
There were several points of disagreement.
One of the constitution’s most controversial amendments called for Chile to become a plurinational state that would have recognized the existence of the different indigenous people in the country. The “rejection” groups argued the recognition of indigenous people would have created a privileged group and divided the country.
This discourse permeated the debate over the constitution.
President Gabriel Boric’s government said the referendum went well in terms of participation, public transportation and the functioning of the institutions that helped carry it out. The results were available a few minutes after the polling stations closed.
Boric addressed the country from La Moneda, Chile’s presidential palace, in a nationally broadcast speech after the results were known.
He valued the high participation and celebrated the “triumph of democracy.” At the same time, however, he said the “constituent process has not ended.”
Boric said his government will “agree as soon as possible on the terms of the new constitutional process,” alluding to the fact that the Pinochet-era constitution must be changed. Those who supported the “rejection” option have also committed themselves to find a new way to change the constitution.
Congresswoman Emilia Schneider, a Boric supporter who is the country’s the first openly transgender member of Congress, on Twitter acknowledged the “hard result” of the referendum.
“The constitution of the dictatorship does not unite us and we could not build a majority around the proposal for which we voted,” said Schneider. “The cycle of changes is not over. Citizens demand social rights and more democracy. It is urgent to give answers.”
“The constituent process does not end here. It is time for those on the side of rejection to assert their commitment,” she stressed. “From tomorrow we must work for a new democratic process, with parity, with indigenous peoples and (a) participatory (process.) Chile has spoken and we need a new constitution.”
Most LGBTQ organizations and activists in Chile urged voters to “approve” the new constitution because it would have extended explicit rights to the community for the first time. These would have included the recognition of non-heteronormative families outside of marriage, the right to gender identity and expression, nondiscrimination and reproductive rights.
Alessia Injoque, director of Fundación Iguales, an organization that works with the Human Rights Campaign, told the Washington Blade “the new constitution, if approved, would have represented a very significant advance in the protection of our families, in freedom to live authentic lives and without discrimination.”
“It is regrettable that this advance will not be consolidated, but it is time to recognize the result and work so that these rights are part of the next process,” Injoque lamented.
Injoque in response to a question about the possibility of a new constituent process to draft a new constitution said “in politics the doors are never completely closed.”
“It is difficult to think that we will have such a clear opportunity, with such a strong constitutional proposal on LGBTIQ+ rights, but we will continue working until we achieve full equality and the same freedoms,” said Injoque.
Javiera Zuñiga, the spokesperson for the Movement for Homosexual Integration and Liberation, another LGBTQ rights group in Chile, told the Blade the draft constitution had “unprecedented positive elements” and there was “an excessive confidence that all citizens felt highly represented by the text.”
“Certainly in what follows in the constitutional process, it will be fundamental to achieve greater consensus on the matters that did not convince Chileans on this occasion,” said Zuñiga.
“The matters related to substantive equality that were included in the proposal are not part of the conflictive elements in the proposal, such as nondiscrimination, respect for identity and equality of rights are quite well installed among Chileans as basic principles of the society we wish to build,” added Zuñiga. “I believe that this has been one of the greatest gains of the process.”
Zuñiga said Movilh “will continue to contribute to (the constituent process and) nurture it and achieve for the community nothing less than what this proposal considered.”
Colombia
Colombia avanza hacia la igualdad para personas trans
Fue aprobado en Comisión Primera de la Cámara la Ley Integral Trans
En un hecho histórico para los derechos humanos en Colombia, la Comisión Primera de la Cámara de Representantes aprobó en primer debate el Proyecto de Ley 122 de 2024, conocido como la Ley Integral Trans, que busca garantizar la igualdad efectiva de las personas con identidades de género diversas en el país. Esta iniciativa, impulsada por más de cien organizaciones sociales defensoras de los derechos LGBTQ, congresistas de la comisión por la Diversidad y personas trans, representa un paso decisivo hacia el reconocimiento pleno de derechos para esta población históricamente marginada.
La Ley Integral Trans propone un marco normativo robusto para enfrentar la discriminación y promover la inclusión. Entre sus principales ejes se destacan el acceso a servicios de salud con enfoque diferencial, el reconocimiento de la identidad de género en todos los ámbitos de la vida, la creación de programas de empleo y educación para personas trans, así como medidas para garantizar el acceso a la justicia y la protección frente a violencias basadas en prejuicios.
Detractores hablan de ‘imposición ideológica
Sin embargo, el avance del proyecto no ha estado exento de polémicas. Algunos sectores conservadores han señalado que la iniciativa representa una “imposición ideológica”. La senadora y precandidata presidencial María Fernanda Cabal anunció públicamente que se opondrá al proyecto de Ley Integral Trans cuando llegue al Senado, argumentando que “todas las personas deben ser tratadas por igual” y que esta propuesta vulneraría un principio constitucional. Estas declaraciones anticipan un debate intenso en las próximas etapas legislativas.
El proyecto también establecelineamientos claros para que las instituciones públicas respeten el nombre y el género con los que las personas trans se identifican, en concordancia con su identidad de género, y contempla procesos de formación y sensibilización en entidades estatales. Además, impulsa políticas públicas en contextos clave como el trabajo, la educación, la cultura y el deporte, promoviendo una vida libre de discriminación y con garantías plenas de participación.
¿Qué sigue para que sea ley?
La Ley aún debe superar varios debates legislativos, incluyendo la plenaria en la Cámara y luego el paso al Senado; pero la sola aprobación en Comisión Primera ya constituye un hito en la lucha por la igualdad y la dignidad de las personas trans en Colombia. En un país donde esta población enfrenta altos niveles de exclusión, violencia y barreras estructurales, este avance legislativo renueva la esperanza de una transformación real.
Desde www.orgullolgbt.co, celebramos este logro, invitamos a unirnos en esta causa impulsándola en los círculos a los que tengamos acceso y reiteramos nuestro compromiso con la visibilidad, los derechos y la vida digna de las personas trans. La #LeyIntegralTrans bautizada “Ley Sara Millerey” en honor de la mujer trans recientemente asesinada en Bello, Antioquia (ver más aquí); no es solo una propuesta normativa: es un acto de justicia que busca asegurar condiciones reales para que todas las personas puedan vivir con libertad, seguridad y respeto por su identidad.
Colombia
Claudia López running for president of Colombia
Former Bogotá mayor married to Sen. Angélica Lozano
Former Bogotá Mayor Claudia López has announced she is running for president of Colombia.
“We begin today and we will win in a year,” she said in a social media post on June 3.
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López, 55, was a student protest movement leader, journalist, and political scientist before she entered politics. López returned to Colombia in 2013 after she earned her PhD in political science at Columbia University.
López in a speech she gave last December after the LGBTQ+ Victory Institute honored her at its annual International LGBTQ Leaders Conference in D.C. noted Juan Francisco “Kiko” Gomez, a former governor of La Guajíra, a department in northern Colombia, threatened to assassinate her because she wrote about his ties to criminal gangs.
A Bogotá judge in 2017 convicted Gómez of ordering members of a paramilitary group to kill former Barrancas Mayor Yandra Brito, her husband, and bodyguard and sentenced him to 55 years in prison.
López in 2014 returned to Colombia, and ran for the country’s Senate as a member of the center-left Green Alliance party after she recovered from breast cancer. López won after a 10-week campaign that cost $80,000.
López in 2018 was her party’s candidate to succeed then-President Juan Manuel Santos when he left office. López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city.
López took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano. (López was not out when she was elected to the Senate.) López’s mayorship ended on Dec. 31, 2023. She was a 2024 Harvard University Advance Leadership Initiative fellow.
The first-round of Colombia’s presidential election will take place on May 31, 2026.
The country’s 1991 constitution prevents current President Gustavo Petro from seeking re-election.
López declared her candidacy four days before a gunman shot Sen. Miguel Uribe, a member of the opposition Democratic Center party who is seen as a probable presidential candidate, in the head during a rally in Bogotá’s Fontibón neighborhood.
She quickly condemned the shooting. López during an interview with the Washington Blade after the Victory Institute honored her called for an end to polarization in Colombia.
“We need to listen to each other again, we need to have a coffee with each other again, we need to touch each other’s skin,” she said.
López would be Colombia’s first female president if she wins. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.
Chile
Gay pharmacist’s murder sparks outrage in Chile
Francisco Albornoz’s body found in remote ravine on June 4
The latest revelations about the tragic death of Francisco Albornoz, a 21-year-old gay pharmacist whose body was found on June 4 in a remote ravine in the O’Higgins region 12 days after he disappeared, has left Chile’s LGBTQ community shocked.
The crime, which was initially surrounded by uncertainty and contradictory theories, has taken a darker and more shocking turn after prosecutors charged Christian González, an Ecuadorian doctor, and José Miguel Baeza, a Chilean chef, in connection with Albornoz’s murder. González and Baeza are in custody while authorities continue to investigate the case.
The Chilean Public Prosecutor’s Office has pointed to a premeditated “criminal plan” to murder Albornoz.
Rossana Folli, the prosecutor who is in charge of the case, says Albornoz died as a a result of traumatic encephalopathy after receiving multiple blows to the head inside an apartment in Ñuñoa, which is just outside of Santiago, the Chilean capital, early on May 24. The Prosecutor’s Office has categorically ruled out that Albornoz died of a drug overdose, as initial reports suggested.
“The fact that motivates and leads to the unfortunate death of Francisco is part of a criminal plan of the two defendants, aimed at ensuring his death and guaranteeing total impunity,” Folli told the court. “The seriousness of the facts led the judge to decree preventive detention for both defendants on the grounds that their freedom represents a danger to public safety.”
Prosecutors during a June 7 hearing that lasted almost eight hours presented conservations from the suspects’ cell phones that they say showed they planned the murder in advance.
“Here we already have one (for Albornoz.) If you bring chloroform, drugs, marijuana, etc.,” read one of the messages.
Security cameras captured the three men entering the apartment where the murder took place together.
Hours later, one of the suspects left with a suitcase and a shopping cart to transport Albornoz’s body, which had been wrapped in a sleeping bag. The route they followed to dispose of the body included a stop to buy drinks, potato chips, gloves, and a rope with which they finally descended a ravine to hide it.
Advocacy groups demand authorities investigate murder as hate crime
Although the Public Prosecutor’s Office has not yet officially classified the murder as a hate crime, LGBTQ organizations are already demanding authorities investigate this angle. Human rights groups have raised concerns over patterns of violence that affect queer people in Chile.
The Zamudio Law and other anti-discrimination laws exist. Activists, however, maintain crimes motivated by a person’s sexual orientation or gender identity are not properly prosecuted.
“This is not just a homicide, it is the cruelest expression of a society that still allows the dehumanization of LGBTQ+ people,” said a statement from Fundación Iguales, one of Chile’s main LGBTQ organizations. “We demand truth, justice, and guarantees of non-repetition.”
The Movement for Homosexual Integration and Liberation (Movilh), meanwhile, indicated that “since the first day the family contacted us, we have been in conversations with the Prosecutor’s Office so that this fatal outcome is thoroughly investigated, including the possible existence of homophobic motivations or components.”
The investigation into Albornoz’s murder continues, and the court has imposed a 90-day deadline for authorities to complete it.
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