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Peru’s new ombudsman makes homophobic comments before Congress

Josué Manuel Gutiérrez Cóndor elected on May 17

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Peruvian Ombudsman Josué Manuel Gutiérrez Cóndor, third from left, meets with lesbian Peruvian Congresswoman Susel Paredes, fourth from left, in Lima, Peru, on May 29, 2023. (Photo courtesy of Paredes' Twitter page)

CUSCO, Peru — Peru on May 17 elected a new ombudsman.

The office of Peru’s ombudsman, or “Defensor del Pueblo,” was created in 1993. The ombudsman’s website says this autonomous office’s role is to “defend and promote the individual and communal rights,” with an emphasis on the rights of vulnerable peoples. Some of the powers of this office include presenting amicus curiae briefs and even bills to Peru’s Congress. 

Given the powers and responsibilities of this position, the ombudsman is of particular relevance to Peru’s queer community. And on May 17 of this year, Congress by an 88-24 vote margin elected Josué Manuel Gutiérrez Cóndor, a lawyer and former congressman, to be Peru’s new ombudsman.

Shortly after his appointment, though, it became known that Gutiérrez during his election process before Congress made remarks that some are calling homophobic.

Conservative Congressman Alejandro Muñante asked Gutiérrez about “Lesbian Visibility Day.” ​​Gutiérrez, in his response, said although he is a “lover of freedoms,” he also called homosexuality a “deformity that needs to be corrected.”

“These deformities are debaucherous … these deformities don’t contribute to institutions or the state, therefore this behavior must be corrected and not idealized,” added Gutiérrez.

Jorge Apolaya, a spokesperson for the Lima Pride March Collective, spoke with the Washington Blade over WhatsApp about the historic importance of Peru’s ombudsman in the fight for LGBTQ and intersex rights.

“The ombudsman’s office is an entity that contributes to guaranteeing the rule of law in the search for justice … and the LGBT population has often had to resort to [the ombudsman] in order to achieve greater attention to their demands,” said Apolaya. “So it’s necessary for the country to have strengthened institutions because only in this way will we be able to advance the human rights of all people, especially the most vulnerable populations in the country.”

It is perhaps due to the importance of this office that, despite Gutiérrez’s apparent homophobia, Peru’s first and only lesbian congressman, Susel Paredes, met with ​​Gutiérrez. With rainbow and transgender flags sprawled across the table, the congresswoman and ​​Gutiérrez on May 29 spoke about issues affecting the LGBTQ and intersex community in Peru. 

After the meeting, Paredes posted on Twitter:

“Meeting with the ombudsman, Josué Gutiérrez. This isn’t a blank check. He already committed to a solution for the children of same-sex families. The update of Report 175 on the rights of the LGBTIQ+ community and supporting the Pride March are also part of the commitments.”

The above-tweet refers to Gutiérrez’s supposed commitments to help resolve the situation of gay and lesbian parents who can’t register their children as their own under Peruvian law (with both of their surnames,) and the role of the ombudsman to create a report on the situation of LGBTQ and intersex people in Peru. 

Not everyone, however, was convinced by the ombudsman’s promises so soon after his homophobic appearance before Congress.

Replying to Paredes’ tweet, Peruvian human rights activist Gabriel Moreno Alcántara, wrote: “Still, we can’t trust him one bit. Right now he is new so he is going to want to be liked by all social groups.” (Paredes liked the tweet.)

Apolaya, though, tells the Blade that he doesn’t fault the congresswoman for having the meeting with Gutiérrez as it is part of the duties of her office to meet with officials like him. 

“I think that [the meeting] was an opportunity for the ombudsman to learn about the demands of LGBTI people in the country.”

U.S. Ambassador to Peru Lisa Kenna also met with Gutiérrez. 

She tweeted on June 7 that “everyone has the right to fundamental freedoms. I spoke with the Ombudsman Josué Gutiérrez to express our support for the defense of human rights and democracy in Peru.”

This tweet attracted some backlash from both liberal and conservative Peruvians. 

Some conservatives took issue with the ambassador’s use of the word “todes,” a gender-neutral word for “everyone” that does not exist in traditional Spanish. Muñante replied to the tweet, writing “‘todes’” does not exist in our language, Madam Ambassador, be careful with the image you project in our country.”

In one of South America’s most conservative countries, the controversies surrounding Gutiérrez’s appointment are indicative of the ongoing struggle for LGBTQ and intersex rights. 

Peru remains one of the few countries in South America which offers zero recognition for same-sex couples, despite a 2018 Inter-American Court of Human Rights ruling which mandates that signatories of the American Convention on Human Rights to legalize same-sex marriage. And in one of the areas Paredes brought up in her meeting with ​​Gutiérrez, same-sex parenting, public opinion greatly lags behind other countries in the region. 

According to a 2021 Ipsos study, a majority of Peruvians disagreed with the statement that “same-sex couples should have the same rights to adopt children as heterosexual couples do.” Further, in a 2023 survey (also by Ipsos), 98 percent of LGBTQ people responded that they were either “extremely” or “very” dissatisfied with “the role of the State in guaranteeing rights of diverse families/LGBTIQA+ people.” Fifty-six percent of respondents also reported having experienced discrimination in public spaces. 

Despite the widespread discrimination and the suspicions of some in Peru’s queer community of Gutiérrez’s true intentions, plans for Pride continue unabated. 

Apolaya tells the Blade that the Lima Pride March, which will take place on July 1, is expecting around 25,000 participants. Other towns in Peru will also be hosting their first-ever Pride festivities. 

Juliaca, the town where 18 protesters and bystanders were killed in a single day during the political unrest earlier this year, will host a march on June 28. 

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South America

Lesbian couple dies after man sets Buenos Aires boarding house room on fire

Suspect has been charged with homicide

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Buenos Aires, Argentina (Photo by JOETEX1/Bigstock)

Two people died and at least five others were injured on Monday when a man threw a Molotov cocktail into the room of a Buenos Aires boarding house in which two lesbian couples lived.

The fire took place at around 1 a.m. in a house at 1600 Olavarría St., between Isabel la Católica and Montes de Ocoa in Buenos Aires’s Barracas neighborhood. The blaze forced roughly 30 people to evacuate, and the injured were taken to local hospitals.

Police say Justo Fernando Barrientos, 68, sprayed fuel and set fire to the room where Mercedes Figueroa, 52, lived together with Pamela Fabiana Cobas, 52, and Sofía Castro Riglos, 49, and Andrea Amarante, 42.

Figueroa and Cobas both died. Castro and Amarante are hospitalized at Penna Hospital in Buenos Aires.

Witnesses say the fire started on the second floor when Barrientos threw a Molotov cocktail inside the women’s room, and it soon spread throughout the property. LGBTQ organizations in Argentina have described the blaze as a hate crime because Barrientos had already threatened to kill the women because they are lesbians.

“We are in a rather complex context, where from the apex of power, the president himself and his advisors and downwards permanently instill a hate speech, instilling it when they close the (National Institute Against Discrimination, Xenophobia and Racism or INADI), stigmatizing the population that is there and the vulnerable groups,” Congressman Esteban Paulón, a well-known LGBTQ activist, told the Washington Blade.

“All this is generating a climate of violence,” he said. “The fact that it happened in the city of Buenos Aires, which is terrible … has to be investigated.”

Paulón said President Javier Milei’s government has installed in the public discourse speeches and actions against the LGBTQ community that have provoked more violence based on sexual orientation and gender identity. 

“All that is installed … and then there are people who fail to make a mediation of that, that fail to make a critical analysis of that and can end up generating an act of hatred like this, which is tragic and that already took the lives of two people,” he said.

The Argentine LGBT+ Federation on social media said it was looking for the victims’ families and friends, but has yet to be able to connect with them.

“We are going to stand by them, making ourselves available for whatever they and their families need, and we will closely follow the court case so that there is justice,” said the organization. “But we cannot fail to point out that hate crimes are the result of a culture of violence and discrimination that is sustained on hate speeches that today are endorsed by several officials and referents of the national government.”

100% Diversidad y Derechos, another advocacy group, demanded the investigation address the attack “with a gender perspective and as motivated by hatred towards lesbian identity.”

Barrientos has been arrested, and will be charged with murder. Activists have requested authorities add discrimination and hate provisions to the charges.

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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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