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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

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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Argentine president announces state institutions can no longer use inclusive language

Activists condemn Javier Milei’s anti-LGBTQ policies

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Casa Rosada in Buenos Aires, Argentina (Photo by meunierd/Bigstock)

In a move that has generated concern and criticism throughout the country, Argentine President Javier Milei has announced government institutions can no longer use inclusive language and gender-specific references in their public policies.

This decision comes on top of other controversial measures, such as the closure of the Women, Gender and Diversity Ministry, and an announcement to shutter the country’s National Institute against Discrimination, Xenophobia and Racism.

Former Diversity Undersecretary Alba Rueda, a transgender woman who was the country’s special envoy for LGBTQ issues under former President Alberto Fernández’s government, and gay Congressman Esteban Paulón, in exclusive interviews with the Washington Blade discussed the impact of Milei’s announcement and the impact it will have on Argentine society in terms of human rights and protections for queer people.

“The State had been using the gender perspective and inclusive language to make visible the presence of women in key roles and to recognize nonbinary identities,” Rueda said. “This measure not only erases those advances, but also excludes people who are already recognized by the State in their nonbinary gender identities.” 

Rueda noted Congress more than a decade ago “passed the gender identity law, which states in its first article that the State will respect the gender identity of all persons. After changes were made in the structure of the State to be able to generate identity documents, a series of court rulings that recognize nonbinary people in their nonbinary identity arose in 2016, and this (and) that remained unresolved during the Macrista government without recognizing the identity of nonbinary people.” 

She pointed out Fernández’s government in 2021 issued Decree 746, which recognized “people with nonbinary identities, gender fluid and those who avoid naming their gender before the State.” 

“The State already recognizes this citizenship and here comes that the prohibition of inclusive language excludes in the way of naming people who are already recognized by the State and that effectively the recognition of their gender identity is the condition of not being binary,” said Rueda. “So, the decree is in force, the law is in force, there are nonbinary people with their documents, but who today are not being named in all state documents.” 

Paulón said the prohibition of inclusive language is a gesture of violence towards LGBTQ communities. 

“Inclusive language has given entity and identity to an important part of the Argentine population,” he said. “This measure represents an act of harassment and violence towards those who identify with inclusive language, including the queer and LGBTQ+ collective.”

“Language is a social and cultural construction, and in Argentina today inclusive language represents and has given entity and identity to an important segment of the population and to a series of social collectives,” added Paulón. “Therefore, something that is not created by decree can hardly be eliminated by decree.” 

The congressman told the Blade that Milei’s government announcement was “something that was clearly going to happen.” 

“I don’t see the government campaigning in inclusive language or celebrating diversity,” said Paulón. 

Milei’s decision has generated intense debate in Argentina, with critics arguing these measures represent a step backwards in the protection of human rights and an attack on diversity and inclusion. Milei’s supporters, on the other hand, defend these measures as part of an effort to promote conservative policies and reinforce national identity. 

“It is very serious because it limits the exercise of citizenship and affects the nonbinary population, women and the trans population that is not recognized within the gender binarism,” said Rueda. 

She noted Milei during his presidential campaign raised these issues, and has decided to implement policies that harm women and LGBTQ people.

“This is the gravity that is lived today in Argentina, that the Argentine head of state puts in confrontation and reduction of rights to women and LGBTIQ+ people,” Rueda added.

This ban on inclusive language and gender-specific policies has been announced against the context of increased political and social polarization in Argentina. With inflation at alarming levels and an economy in crisis, Milei’s government has sought to consolidate its base by adopting controversial measures that have generated division and unrest in Argentine society. 

“That is the institutional and democratic gravity today in Argentina, that the head of state attacks and creates internal enemies and that position is accompanied by the media, amplifying a negative message about our communities,” Rueda said. “Of course that translates into social networks, but it also translates into the attacks that we LGBTIQ+ people experience in the public sphere.”

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Argentina’s president seeks to dismantle anti-discrimination agency

Activists have sharply criticized Javier Milei’s move

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Argentine President Javier Milei (Screen capture via YouTube)

Argentinian President Javier Milei’s proposed closure of his country’s National Institute Against Discrimination, Xenophobia and Racism has sparked widespread criticism among LGBTQ activists and human rights defenders.

Alba Rueda, the former Undersecretary of Diversity Policies in the Women, Gender and Diversity Ministry who was also the country’s Special Representative on Sexual Orientation and Gender Identity under Alberto Fernández’s government, and gay Congressman Esteban Paulón in exclusive interviews with the Washington Blade talked about the Feb. 22 announcement’s implications and the impact it will have on Argentine society at a time marked by an acute economic, political and social crisis.

Rueda said INADI’s closure is a serious setback in the fight against discrimination and the advancement of human rights in Argentina. 

“INADI is a human rights agency that has been in force in Argentina for almost 30 years, which emerged as a response to the international attacks we suffered,” she pointed out. “This body has been fundamental in the attention of discrimination cases, including strategic litigation such as the (murder) of Diana Sacayán (a prominent transgender rights activist) in 2015.” 

Paulón said INADI’s closure is part of a broader policy of harassment towards diversity and state institutions that Milei’s government has carried out.

“INADI, along with the already eliminated Women Ministry, has been fundamental in the defense of the rights of LGBTQ+ and queer people,” said Paulón.

“In practical facts, the government cannot close INADI because INADI has been created by a law and it would require another law to close it,” he added. “Therefore, it has been raised that there is going to be a restructuring of personnel, a readjustment of resources that are going to continue processing complaints, but that they are going to pass to the orbit of the Justice Ministry, where INADI already is, but let’s say, they would pass without the institutionalism and that it would remain as an empty shell until the government achieves the consensus of a law to eliminate.”

Both agreed that INADI’s closure represents a serious setback in the protection of human rights in Argentina and a threat to the most vulnerable groups in society, including LGBTQ people. They also stressed Milei’s government has used this announcement as part of a broader strategy to dismantle democratic institutions and the country’s human rights agenda.

INADI cannot be closed unilaterally, despite the announcement, because a law created it and another statute would be required to dismantle it. There are, however, concerns the government may attempt to dismantle the institution or reduce its operational capacity.

“The decision to close INADI responds to an ideological position,” said Rueda. “They believe that INADI is the policeman of this, the ideological policeman. It is a body that functions autonomously whose president is appointed by the Congress and which also has a board of directors of social organizations.”

Critics of Milei’s government argue INADI’s closure is part of a strategy to consolidate power and repress dissent. They say the government is using the economic crisis as a pretext to implement authoritarian measures that limit civil liberties and weaken democratic institutions.

Milei’s supporters, on the other hand, defend the move as part of a broader effort to reduce public spending and promote liberal economic policies. They argue INADI’s closure is necessary to eliminate waste and corruption in government, and that its impact on human rights and LGBTQ protection is overstated.

“For LGTB people in particular, the closure of INADI would leave us without a place where we could basically receive attention in the face of discrimination,” Rueda pointed out. “And another issue that INADI also did is that it generated public policy recommendations or developed public policies for the prevention and awareness of these changes that have to take place in society.”

“So, not only do we run out of spaces for denunciation, but also of where to change this culture of discrimination, culture of discrimination that are present in the labor market that Milei presents or points out to you, as a success and that this is self-regulated,” she added. 

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