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Chilean government seeks to implement LGBTQ, intersex rights agenda

Conservative newspaper incorrectly reported ministry plans legislation

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The' LGBTIQA+ Roundtable'’s first year of work ended on Jan. 6, 2023. Forty-two organizations from across Chile participated. (Photo courtesy of the Women and Gender Equity Ministry)

A conversative Chilean newspaper’s article on Sunday that said the Women and Gender Equity Ministry was preparing to introduce a bill that would create an LGBTQ and intersex rights undersecretariat prompted mixed reactions across the country. 

The ministry in 2022 launched its first “LGBTIQA+ Roundtable” that includes representatives of different public institutions, organizations and Chilean LGBTQ and intersex activists who are working to improve the quality of life for the country’s queer community that over the last year has seen an increase in attacks and hate crimes.

LGBTQ and intersex rights in Chile have gained ground over the last decade.

Civil unions, marriage equality, transgender rights and an anti-discrimination law are some of the successes that took time to take effect. There is, however, no state institution or public policy that works to ensure historically discriminated LGBTQ and intersex Chileans are included. This is why activists feel the “LGBTIQA+ Roundtable” that President Gabriel Boric’s government is promoting is an unprecedented opportunity. 

Jaime Nazar, left, Javier Silva with their two children shortly after they married in Santiago, Chile, on March 10, 2022. (Washington Blade photo by Michael K. Lavers)

Forty-two organizations from across Chile participated in the roundtable during its first year, which culminated on Jan. 6 with the signing of an agreement between the Women and Gender Equity Ministry’s Women and Gender Equality Undersecretariat and the Interior and Public Safety Ministry’s Crime Prevention Undersecretariat to assist people across the country who are victims of anti-LGBTQ attacks. The roundtable at the same time also announced it will send a bill to Congress later in 2023 that would expand the ministry’s mandate to ensure “the LGBTIQA+ community is included.”

There has yet to be an announcement on the creation of an LGBTQ and intersex undersecretariat.

Most Chilean media outlets covered this report after El Mercurio published it on Sunday. José Antonio Kast, an extreme right-wing politician who is a former presidential candidate, on his Twitter account criticized what turned out to be inaccurate.

“Chile is poorer, more violent and insecure than a year ago and the inept government is dedicated to enlarge the State to deepen its ideological agenda, instead of solving social urgencies,” wrote the Republican Party leader. 

The ministry told the Washington Blade that “the roundtable with organizations from the LGBTIQA+ community has just been finalized.”

“One of the demands is to have an institutionality,” said the ministry. “During 2023 it will be defined which is the progressive path, while the anti-discrimination law is improved at the same time.”

Women and Gender Equity Undersecretary Luz Vidal Huiriqueo on her social media networks said “we met with LGBTQ+ organizations for seven months” and the ministry made “security, employment and health priorities.” 

“On the 1st we advanced in an agreement with (the Crime Prevention Undersecretariat) to properly address and for the long challenges we committed to propose an institutional mechanism,” said Vidal. 

Vidal said in an exclusive interview with the Blade before El Mercurio published its inaccurate report that “finding and giving answers to the demands of the LGBTIQA+ population in Chile is a commitment for President Gabriel Boric’s government that will not be put aside for anything.”

“We at the (Women and Gender Equality Ministry) have embraced the day-to-day needs that this community, in many cases, has to survive,” said Vidal from her office. “That is why, from our ministry, we have created this intergovernmental roundtable to have a fluid and permanent communication with LGBTIQA+ organizations.

Vidal added Boric “instructed us to move from discourse to action.” 

“We have to get to work. We have to implement the agreements,” said Vidal. “We can’t just make pretty announcements and that is our commitment. The commitment we have today is to work for women, for gender equity, for and with the entire population, in favor of all citizens and of those who lack the presence of the State.”

Chilean authorities after signing an agreement to provide additional government assistance to hate crimes victims. (Photo courtesy of the Women and Gender Equity Ministry)

The undersecretary told the Blade the need to incorporate the queer community into the ministry’s work is important because “the State, as of today, has no powers to specifically address the LGBTQ+ population.”

“We need to create a progressive path that, whether an institutional or other figure, allows us to implement public policies,” she said.

That supposed institutionality was the one that sparked controversy last Sunday and it will not be an easy path, regardless of the mechanism that Boric’s government ultimately chooses to implement.

“I think it is not going to be an easy process,” said Vidal. “It is not going to be a project that we can say, we are going to take them out at the end of the year, that is clear to us. Even today it is difficult to move forward with projects or the work that the ministry is doing because we currently have a Congress with political forces that are against inclusion and respect for diversity. This is present in our Congress, and it is also present in several Latin American countries.” 

Emilia Schneider, Chile’s first trans congresswoman, on the other hand told the Blade that “it seems to me that the announcement of an institutional framework for the LGBTI community within the Women’s Ministry, and also in what has been working with the Justice Ministry to advance in an institutional framework against discrimination, regarding the reform of the Anti-Discrimination Law are two fundamental steps to advance in dignity and rights for sexual diversities and dissidences.” 

Schneider said it is important “to make a permanent change in the State, which recognizes the importance of having a space that responds to the needs of the queer population and takes charge of combating inequality, discrimination and violence to which our community is exposed.” 

“It seems to me that this is one of the most important commitments, which if realized would be a fundamental legacy of this government in matters of sexual diversity and dissidence,” she said.

Ignacia Oyarzun, coordinator of public policies for Asociación OTD Chile, the country’s most important trans rights organization, said the implementation of an institutional framework to advance LGBTQ and intersex rights “is an advance that goes in the direction of establishing what will be a trans labor quota to achieve a greater integration of the community in society.”

Oyarzun noted employers do not hire people who are trans, or fire them without reason. This lack of employment opportunities, according to Asociación OTD Chile, makes trans people more vulnerable to violence.

Jorge Muñoz of Movimiento Organizado de Gays, Lesbianas, Trans y Heterosexuales (MOGALETH) in Puerto Montt, a city that is roughly 640 miles south of the capital of Santiago, also participated in the roundtable. Muñoz told the Blade that “any approach from the central power to civil society, and especially to the regions, is positive.” 

“In this context, we consider it an advance in terms of the demands of the collective in the struggle for the recognition of the historical violation of our rights,” said Muñoz. “The State’s recognition of mistreatment and hate speech towards dissidents has historically been centralized. The regions where we also suffer harassment, mistreatment, difficulties in access to health, education and work have been relegated throughout history. In this sense, what we value most is the recognition of our demands in the territorial context.”

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South America

Argentina government dismisses transgender public sector employees

Country’s Trans Labor Quota Law enacted in 2021

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Sofia Diaz protests her dismissal from her job at Argentina's National Social Security Administration. (Photo courtesy of Sofia Diaz)

Protests have broken out across Argentina in recent weeks after the dismissal of transgender people from their government jobs.

President Javier Milei’s action is in stark contract with the progress seen in 2023, where the government’s hiring of trans people increased by 900 percent within the framework of the Trans Labor Quota Law that had been in place since 2021. 

Among those affected is Sofia Diaz, a “survivor” who shared her testimony with the Washington Blade hours after she traveled from Chaco Province to Buenos Aires to protest her dismissal.

Presentes, an LGBTQ news agency, reported the government dismissed more than 85 trans employees in less than two weeks.

Diaz, 49, holds a degree in combined arts. She joined the National Social Security Administration (ANSES) in 2022 under the Trans Labor Inclusion Law. The layoffs began in January and left many people feeling uncertain and anguished. It was her turn a few days ago.

Diaz in an interview recounted how the situation became progressively more complicated, with difficulties in accessing information about her employment status and the eventual confirmation of dismissals through WhatsApp messages. This government action, according to Diaz, violates the law.

“We were on a Friday, I think on March 24, in the office and we have a WhatsApp group of other colleagues from all over Argentina who entered through the trans labor quota and they tell us if we can get our pay stubs on the intranet,” Diaz recalled. “So, I tried to enter, I could not, I talked to two other colleagues and they told me no, they could not, and so we went to another person. He couldn’t either.”

“Some people told us that it could be a system error. Well, we were never calm, let’s say not how this issue of installing fear and the perversion with which they do it ends,” she added. “This sadism of … inflicting pain and speculating with your misfortune and so on … is something that characterizes Javier Milei’s government.”

Diaz recalled a list of those dismissed from the agency began to circulate from the union in the afternoon. A colleague passed it on to her, “and well, unfortunately I was also on that list.” 

“At that moment the whole weekend went by with anguish, crying, and talking with other colleagues from other places, not only trans, but everyone, everyone and everyone,” she said. “On Monday when we went to try to enter, we could not enter with the biometric, which is the thumb we had to use every morning to enter.”

Despite the difficult moment through which she is going, the trans activist stressed to the Blade that she will continue protesting and will even sue the government because her dismissal is illegal and “violates the constitution itself.”

The LGBTQ community and its allies have mobilized and organized demonstrations, highlighting the importance of defending the rights won and fighting against discrimination and exclusion. Diaz emphasized the fight is not only for the people affected today, but also for future generations, saying the historical memory of the struggles for inclusion and social justice must be kept alive.

“The Argentine government thus faces a key challenge in human and labor rights, where public pressure and social mobilization can play a determining role in protecting the rights of LGBTQ+ people,” Diaz said. 

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South America

Daniel Zamudio murderer’s parole request denied

Raúl López Fuentes convicted of murdering gay man in Chilean capital in 2012

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Daniel Zamudio (Photo courtesy of Jacqueline Vera)

Chile’s Parole Commission on Tuesday rejected a request to allow one of the four men convicted of murdering Daniel Zamudio in 2012 to serve the remainder of his sentence outside of prison.

Raúl López Fuentes earlier this month asked the commission to release him on parole. Zamudio’s family and members of the Movement for Homosexual Integration and Liberation, a Chilean LGBTQ rights group, had gone to court to block the request.

Among the arguments put forward that influenced the commission’s decision is what Movilh categorized as his “high risk of recidivism, linked to the adherence of an antisocial behavior with a tendency to minimize his acts transgressing social norms.” 

The commission pointed out that López has psychopathic traits because he is aware of the damage he did to Zamudio and his family. 

“In addition, he maintains a high risk of violence, not being advisable to grant the benefit,” the report said.

Zamudio was a young Chilean man who became a symbol of the fight against homophobic violence in his country and around the world after López and three other young men with alleged ties to a neo-Nazi group beat him for several hours in Santiago’s San Borja Park on March 2, 2012. Zamudio succumbed to his injuries a few weeks later.

The attack sparked widespread outage in Chile and prompted a debate over homophobia in the country that highlighted the absence of an anti-discrimination law. Lawmakers in the months after Zamudio’s murder passed a law that bears Zamudio’s name.

López in 2013 received a 15-year prison sentence after he was convicted of killing Zamudio. Patricio Ahumada received a life sentence, while Alejandro Angulo Tapia is serving 15 years in prison. Fabían Mora Mora received a 7-year prison sentence.

Zamudio’s mother, Jacqueline Vera, exclusively told the Washington Blade after the commission rejected López’s request that “we as a family are calmer.”

“Even with my husband we were in a lot of pain at the beginning. It was like a blow of very strong emotions, so we tried to stay calm because we still had to solve the problem,” Vera said. “We had four days to solve it.”

López will have to serve the remaining three years of his sentence before his release.

“I will continue working to improve the Zamudio Law and so that this murderer does not leave prison because he is a danger to society, he does not represent repentance and people like this cannot be free,” she said. “For the same reason, we have to work so that hate crimes have life imprisonment and that is what we will concentrate on.” 

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South America

Man convicted of killing Daniel Zamudio in Chile seeks parole

Raúl López Fuentes in 2013 sentenced to 15 years in prison

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Daniel Zamudio (Photo courtesy of Jacqueline Vera)

One of the four men convicted of murdering a young gay man in the Chilean capital in 2012 is seeking parole.

Raúl López Fuentes in 2013 received a 15-year prison sentence after he was convicted of killing Daniel Zamudio.

Zamudio was a young Chilean man who became a symbol of the fight against homophobic violence in his country and around the world after López and three other young men with alleged ties to a neo-Nazi group beat him for several hours in Santiago’s San Borja Park on March 2, 2012. Zamudio succumbed to his injuries a few weeks later.

The attack sparked widespread outage in Chile and prompted a debate over homophobia in the country that highlighted the absence of an anti-discrimination law. Lawmakers in the months after Zamudio’s murder passed a law that bears Zamudio’s name.

Patricio Ahumada received a life sentence, while López and Alejandro Angulo Tapia are serving 15 years in prison. Fabían Mora Mora received a 7-year prison sentence.

López has asked the Seventh Santiago Guarantee Court to serve the last three years of his sentence on parole. Zamudio’s family and Jaime Silva, their lawyer who works with the Movement for Homosexual Integration and Liberation, oppose the request.

Movilh represented Zamudio’s family after his murder.

Zamudio’s mother, Jacqueline Vera, during an exclusive interview with the Washington Blade said López’s petition “provoked all the anguish, all the commotion of his time.” 

“It was very cruel because in fact two days before we were at Daniel’s grave, where it was 12 years since his death and the beating,” said Vera. “He really does not deserve it.”

“We have gone through very difficult moments,” she added.

The mother, who later created a foundation to eradicate discrimination in Chile, was emphatic in indicating that she and her family “do not accept the release of this guy because he is a danger to society and a danger to ourselves.” 

“At the last hearing where they were sentenced, they told us that we are going to remember them when they get out,” said Vera. “They threatened us with death. There is a video circulating on social networks where they were in front of me and they laughed and made fun of me. They told me that I remembered that I had three more children.”

Daniel Zamudio’s mother, Jacqueline Vera. (Photo courtesy of Jacqueline Vera)

Regarding the possibility that the Chilean justice system will allow López to serve the remaining three years of his sentence on parole, Vera said “with the benefits here in Chile, which is like a revolving door where murderers come and go, it can happen.” 

“In any case, I don’t pretend, I don’t accept and I don’t want (López) to get out, I don’t want (López) to get out there,” she said. “We are fighting for him not to get out there because I don’t want him to get out there. And for me it is not like that, they have to serve the sentence as it stands.”

LGBTQ Chileans have secured additional rights since the Zamudio Law took effect. These include marriage equality and protections for transgender people. Advocacy groups, however, maintain lawmakers should improve the Zamudio Law.

“We are advocating for it to be a firmer law, with more strength and more condemnation,” said Vera.

When asked by the Washington Blade about what she would like to see improved, she indicated “the law should be for all these criminals with life imprisonment.”

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