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Peru officially apologizes to transgender woman for police abuse

Officers raped and beat Azul Rojas Marín in 2008

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Azul Rojas Marín speaks at a Nov. 3, 2022, ceremony where the government of Peru officially apologized to her for the rape and beating she suffered from a group of police officers in 2008. (Screen capture via the Peruvian Ministry of Justice and Human Rights' Twitter page)

Peru on Nov. 3 issued an official apology to Azul Rojas Marín, a transgender woman who was raped and beaten by a group of police officers in 2008. 

After an Inter-American Court on Human Rights’ ruling in 2020, Peru was compelled to formally recognize its culpability in Rojas’ abuse. Despite this historic event, Peru is still far from fulfilling all of its obligations under the decision.

More than 14 years have passed between the incident and the apology ceremony that took place at Peru’s Ministry of Justice and Human Rights. Illustrating this long journey towards retribution, Rojas lit a candle in front of a photo of her mother, who passed away before she was able to witness her daughter achieve justice. 

On Feb. 25, 2008, when she was 26, Rojas was walking home alone. She alleges it was then that a group of police officers searched her, beat her and shouted obscenities. After bringing her to the police station in Casa Grande, she was then stripped and sodomized. 

Rojas initially tried to utilize Peru’s legal system to report her crime, but prosecutors dropped the case shortly after they began to investigate it. And even though she appealed the prosecutor’s decision, a Peruvian court dismissed her appeal in January 2009. So Rojas, supported by Promsex, an LGBTQ and intersex human rights organization based in Lima, took her case to the Inter-American Commission on Human Rights. 

Four years ago, in 2018, the commission agreed to hear the case, and two years after that, the court released a ruling. On March 12, 2020, the Peruvian state was found guilty of having violated Rojas’ rights. This verdict mandated the Peruvian state to satisfy a list of reparations that included a public apology ceremony for Rojas.

According to political scientist José Alejandro Godoy, last week’s ceremony is unprecedented and is the first time the Peruvian state has apologized for a homophobic or transphobic act. 

Godoy told the Washington Blade the ceremony is “a very positive sign [of progress in Peru,] even though it would have been preferable for this to have taken place spontaneously and not by virtue of a court ordering.”

Elida Guerra, a consultant and researcher of international human rights law, works for Promsex’s litigation team. She is more balanced in her response as to whether this ceremony is a harbinger Guerra recognizes the apology ceremony as important in that it acknowledges the violations committed against Rojas. However, she tells the Blade that Peru is far from affording equal rights to its LGBTQ and intersex citizens.

“It must be noted that in Peru there is no regulatory framework for the protection of LGBTI people,” said Guerra. “If we want a significant change with respect to human rights, we need to start making visible actions which protect and guarantee their rights. In this sense, the Peruvian state still has a long way to go.”

Indeed, Peru is one of the few countries in South America which does not provide any legal recognition to same-sex couples. And according to the Williams Institute, “public policies protecting the rights of transgender people are almost non-existent.” 

Although trans Peruvians can go to the judiciary to change their name and gender, the process is cumbersome and expensive. With a conservative mayor in Lima set to take office in January, and an embattled, unsympathetic president, the hope for progress coming from Peruvian institutions is bleak. 

Many LGBTQ and intersex activists in Peru are therefore finding hope in international courts like the Inter-American Court of Human Rights  as institutions capable of safeguarding their rights. Godoy even believes entities like the court could end up forcing Peru to “expressly recognize same-sex marriage.”

Guerra also believes the court can help achieve human rights victories but posits that this mechanism is not a panacea for achieving rights.

“We still have challenges such as the procedural delay, the delay in their response, and the effective implementation of the reparations of the sentences,” said Guerra.

In Rojas’ case, these delays are apparent. 

Last week’s ceremony had an original deadline which passed months ago. Further, the Inter-American Court of Human Rights’ 2020 ruling includes many other reparation measures which the Peruvian state has yet to carry out. 

The court ordered Peru to “provide medical, psychological and/or psychiatric treatment” to Rojas and to prosecute the officers who tortured her. Neither has happened. The ruling also directs Peru to track anti-LGBTQ violence in the country and develop a national strategy to respond to it.

Despite the slow pace of implementation, Peru’s Ministry of Justice and Human Rights does appear to be working on carrying out at least some of these reparations. 

“I met with my team to redouble all efforts, so that, from [the Ministry of] Justice and Human Rights, we can promote, manage and coordinate the corresponding reparations,” said Justice and Human Rights Minister Félix Chero Medina at last week’s ceremony.

At the apology ceremony, his ministry announced the formation of “a technical team to … investigate and administer justice during criminal proceedings for cases of LGTBI+ people.” 

Chero’s new team is perhaps a welcome development to LGBTQ and intersex Peruvians who are still waiting for their time in court. 

Guerra tells the Blade of many cases of queer and trans Peruvians who are victims of multiple human rights violations but who have not been able to obtain justice domestically.

Enrique Vega-Dávila, a queer pastor and academic, echoes Guerra’s claim of many LGBTQ and intersex Peruvians in search of justice.

“There are lesbians who have suffered corrective rape,” Vega-Dávila said. “Also the bullying of LGBTQ children and adolescents has never received any [official] sanction. The state’s many offenses cause the systematic denial of our identities.”

Many problems remain for Peru’s LGBTQ and intersex community. But on the day she awaited for far too long, Rojas was optimistic.

“Today is an historic day,” she said. “This is the new image, the new face of human rights … the beginning of what is yet to come.”

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South America

Argentina’s former special envoy for LGBTQ rights criticizes new government

Alba Rueda resigned before President Javier Milei took office

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Alba Rueda (Photo courtesy of Alba Rueda)

Argentina’s former Special Representative on Sexual Orientation and Gender Identity during an exclusive interview with the Washington Blade discussed recent setbacks in LGBTQ rights in the country. 

Alba Rueda, a transgender woman who held the position in former President Alberto Fernández’s administration, revealed the challenges and risks faced by the queer community in the South American country in which 57.4 percent of the population lives in poverty, which is the highest rate in 20 years. The Catholic University of Argentina’s Observatory of Social Debt also notes Argentina began 2024 with a 20.6 percent inflation rate; this figure is 254.2 percent from year-to-year.

President Javier Milei took office in December.

“We received a request from our president at the time, Alberto Fernández, that we submit our resignation as part of the team that integrates the presidency,” Rueda told the Washington Blade.

Rueda explained she “resigned on Nov. 28, a few days before, to make it effective on Dec. 10 with the new government and since then, since Milei, the presidency and the chancellor, Daniela Elena Mondino, took office, (her post) was eliminated. It was already foreseeable according to Milei’s statements about closing the offices on gender perspective.”

“Our special representation was closed. My colleagues were redirected to other areas,” Rueda explained. “The person who accompanied me in political terms resigned with me, so the two of us left on Dec. 10, and the rest of the technical staff was relocated within the Foreign Ministry.” 

The former ambassador described how the closure of her position and the elimination of the Women, Gender and Diversity Ministry represent a significant setback in the protection of LGBTQ rights in Argentina. She stressed that while the country was a pioneer in passing progressive laws for the LGBTQ community, the lack of effective implementation and declining government commitment are jeopardizing these advances. 

“We argued that it had been a long time since very significant laws were passed in our country and that they had to be translated into national and local public policies,” she explained. “LGBTIQ+ people not only have to be protected formally in the law, but we have to change and modify the living conditions of our community that has experienced discrimination, violence and persecution for many years.”

She added “to change that culture, there needs to be not only a formal framework, but functioning democratic institutions” 

“This elimination has a direct affectation to the rights of LGBTIQ+ people,” said Rueda.

The interview revealed how Milei’s government has dismantled institutions and policies designed to protect queer people. 

“We created, for example, a program that was the first program at the national level that was an assistance program for trans people,” Rueda said. “This program of accompaniment for the protection of their rights was in the sub-secretariat and provided economic support and was working on solving all the procedures related to access to education, health, employment, issues related to substantive issues.”

Rueda highlighted that recent political decisions are not only curtailing LGBTQ rights, but are also directly affecting the community, especially those who are economically vulnerable. The elimination of assistance programs and lack of legal protections are leaving many LGBTQ people in a vulnerable position.

“Economic rights have been affected, as is the inflationary process and the inflationary decisions of this last month are directly affecting the middle class, lower middle class and the most impoverished sectors,” said Rueda. “It directly affects not only economic rights of the LGBTIQ+ population that belongs to these classes, but also affects rights that are not being worked within the framework or promoted within public policies.”

Rueda also raised concerns about a possible increase in violence towards LGBTQ people in Argentina, comparable to what has been observed in other countries under hostile political leadership. Rueda stated incidents of violence have already been recorded and that the current political climate is fueling discrimination and hatred towards the LGBTQ community.

“It started during the campaign, and I think that during the whole last year we saw how effectively, punctually in social networks and in the public space there was a whole attack on LGBTQ+ people,” she said. “Let’s not forget during the campaign that the main candidates who are the president, the vice president and the chancellor expressed themselves in the wrong way, generating with their ignorance a completely wrong message in the media, amplifying these messages that directly affect the rights of LGBTQ+ people.”

Rueda recalled the vice president “expressed in her campaign that for her it was not necessary to call marriage a union of people of the same sex … that was the civil union and saying that marriage was a figure associated with religious aspects.”

While Milei “in an interview also during the presidential campaign, said that he did not care if people want to have sex with other people of the same sex or with animals, such as elephants, equating and putting on the same level the consensual relations of people of the same sex over 18 as zoophilia.”

The situation has reached the point that different WhatsApp groups created to seek help during the COVID-19 pandemic became active again because of the interruption of the National Social Protection Plan and changes to an employment program that made vulnerable trans people in Argentina more at-risk.

“We are in a bad moment for the rights and quality of life of LGBTQ+ people,” Rueda said.

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South America

Former Chilean President Sebastián Piñera dies in helicopter crash

Previous head of state signed marriage equality, gender identity laws

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Former Chilean President Sebastián Piñera (Public domain photo)

Former Chilean President Sebastián Piñera died on Tuesday when the helicopter he was piloting crashed near Lake Ranco during heavy rains.

Initial reports indicate Piñera, 74, was piloting his private helicopter when it plunged into the lake, which is located in the Los Ríos Region of southern Chile. One of his sisters was among the three other people who was on board.

The former president owned a summer house on Lake Ranco. Family members and people close to him say he was in the area to have lunch at the home of businessman José Cox, a close friend and associate. Piñera boarded his helicopter after 3 p.m. local time (1 p.m. ET) and the accident occurred a few minutes later.

Reports indicate his relatives managed to survive after they jumped into the water, but Piñera was not able to escape. The helicopter sank in more than 130 feet of water.

Piñera, who was Chile’s president between 2010-2014 and 2018-2022, was the country’s first right-wing president since democracy returned to the country in 1990. Piñera’s government enacted most of Chile’s LGBTQ rights laws: The Anti-Discrimination Law in 2012, the Gender Identity Law in 2018 and the Equal Marriage Law in 2021.

Then-Chilean President Sebastián Piñera, right, greets Javier Silva and Jaime Nazar, the first same-sex couple to legally marry in Chile, on March 10, 2022, at the Presidential Palace in Santiago, Chile. (Photo courtesy of Hunter T. Carter/Instagram)

His first administration sent a civil unions bill to Congress, and it became law in 2015. Piñera also implemented public policies that sought to improve queer Chileans’ quality of life. 

Javiera Zuñiga, spokesperson for the Movement for Homosexual Integration and Liberation, the main Chilean LGBTQ organization known by the acronym Movilh, told the Washington Blade that “our organization is deeply saddened by the death of the former president, who played a crucial, leading and pioneering role for a president in the promotion and defense of the human rights of LGBTIQ+ people, same-sex couples and same-parent families.”

María José Cumplido, executive director of Fundación Iguales, another advocacy group, said “our condolences to the family of former President Sebastián Piñera for his passing.”

“We remember his commitment to the enactment of the Anti-Discrimination Law, the Gender Identity Law and the Consolidation of Equal Marriage, historic achievements for the LGBT+ community in Chile,” said Cumplido.

“I am very sorry for the death of President Piñera,” said Pablo Simonetti, an activist and writer, on his X account. “From the right he opened paths towards the integration of LGBT people and led the great milestone of equal marriage. My condolences to his family and friends, especially to (his wife) Cecilia Morel.”

President Gabriel Boric’s government also mourned Piñera’s death and announced a period of national mourning. A state funeral for Piñera will also take place.

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South America

Removal of sexual orientation question from Chilean Census criticized

Advocacy group on Jan. 4 wrote letter to President Gabriel Boric

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La Moneda, the Chilean Presidential Palace, in Santiago, Chile (Washington Blade photo by Michael K. Lavers)

Chile’s National Institute of Statistics (INE) in an unexpected move has decided to remove the question regarding sexual orientation from the questionnaire of this year’s Census that will take place between March and June. 

The questionnaire, which consists of 50 questions, seeks to collect essential information to update demographic data that is fundamental for the formulation and continuation of public policies. Nationality, disability, native language, Afro-descendance and gender identity are among the new topics to be included in the Census, but activists have criticized the INE’s decision to omit the question about sexual orientation.

“We met with both the deputy technical director and the national director of INE to demand that this question be included,” Maria José Cumplido, executive director of Fundación Iguales, told the Washington Blade. “Unfortunately, the answer they gave us was that due to methodology and privacy protocol, this question could not be included in the Census because, according to their protocols, the question must be asked in a one-on-one interview and the head of household is interviewed for the Census and he or she answers for the family group.” 

The activist added “it is also very striking because there are questions about gender identity, for example, if you are trans or nonbinary.” 

“In the end, this protocol would not apply, which is very strange because both questions are sensitive,” said Cumplido. 

Cumplido said it will not be possible to have useful statistics to help create public policies without the question on sexual orientation.

Congresswoman Emilia Schneider, who is transgender, on social media also expressed her opposition to the INE’s decision. 

She said the inclusion of the LGBTQ community in the Census is crucial to combat discrimination through effective public policies. Schneider added the INE — and not the government — is responsible for the decision because it is an autonomous body.

Lawmakers from various political parties have also urged the INE to reconsider its decision. El Movimiento de Integración y Liberación Homosexual (Movilh), another advocacy group, expressed their concern in a letter it sent to President Gabriel Boric on Jan. 4.

The Blade on Thursday obtained a copy of it.

“These exclusions are undoubtedly a civilizational setback for LGBTIQ+ rights,” reads the letter that Movilh President Gonzalo Velásquez signed.

The letter notes 18 laws “that protect sexual orientations, gender identities and expression that especially justify protecting and improving the previous Census’ questions about diversities” have been approved since 2012. One of these laws, which extended marriage rights to same-sex couples in Chile, took effect on March 10, 2022, the day before Boric’s inauguration.

Movilh in its letter notes an agreement it signed with former President Michelle Bachelet’s government and the Inter-American Commission on Human Rights in 2016. Bachelet’s government, as part of the agreement, agreed to introduce bills to extend marriage and adoption rights to same-sex couples. (Movilh in 2020 withdrew from the agreement after it accused then-President Sebastián Piñera of not doing enough to advance marriage equality in Chile. Piñera later announced his support for marriage equality, and the law that allowed same-sex couples to tie the knot took effect the day before he left office.) 

“We have been working together with the INE and the Census over the last few years and the official version was going to include questions about sexual and gender diversity,” reads the letter. “Today, however, we learned that this promise will not be fulfilled.”

Movilh spokesperson Javiera Zúñiga told the Blade a government minister has expressed a “willingness” to “meet with us,” but added he “told us that he cannot intervene in technical decisions of INE.”

“Therefore, it does not change the decision, nor the determination to exclude sexual orientation and data on LGBT people in the Census,” said Zúñiga. “What seems to us quite bad and quite unrealistic — since it is necessary for policies to publish (the statistics) — but it is also the State of Chile’s commitment to generate statistics regarding the LGBTQ+ population.”

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