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Chilean government says it will strengthen anti-discrimination law

Gabriel Boric’s administration to create equality council

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Government officials and LGBTQ and intersex activists attended the announcement of efforts to strengthen Chile's anti-discrimination law. (Courtesy photo)

President Gabriel Boric’s administration has announced it intends to strengthen Chile’s anti-discrimination law that took effect in 2012.

Law 20,609, named after Daniel Zamudio, a gay man who was murdered in Santiago, the Chilean capital, in 2012, marked an important milestone in the fight against discrimination.

Boric’s government is also reportedly going to create an equality and nondiscrimination council, which will provide an institutional framework to fight for LGBTQ and intersex people and other vulnerable groups.

According to the Movement for Homosexual Integration and Liberation (Movilh), the Latin American country’s main queer organization, hate crimes doubled over the last year. And for this reason, Movilh for more than a decade has been demanding that Chilean authorities improve the Zamudio Law to prevent violence against LGBTQ and intersex people.

Last month’s Pride march that Movilh organized drew more than 180,000 people who demanded improvements to the Zamudio Law.

“We are very happy that our demands were heard and that this announcement is made today in the company of Jaqueline Vera and Iván Zamudio, Daniel’s mother and father,” said Movilh President Gonzalo Velásquez. “We must not forget that the Anti-Discrimination Law accelerated its approval after the brutal homophobic attack that took the life of Daniel Zamudio in 2012. Along with him, 63 other people have been murdered in Chile because of their sexual orientation or gender identity. It is to them … and to so many victims of other forms of discrimination that we must dedicate this announcement of the strengthening of the law.”

Since Boric since he took office in March 2022, he has commissioned the Women and Gender Equality Ministry to work with Chilean LGBTQ and intersex rights organizations to implement his campaign promises. 

State Secretariat Minister Antonia Orellana told the Washington Blade that “first I would like to highlight the work of the governmental roundtable for the rights of LGBTIQA+ people that the Ministry of Women and Gender Equality carried out together with the Sociocultural Coordination of the Presidency in 2022.”

According to her, this work “is part of the actions that we have been carrying out to respond to the demands of gender diversity and dissidence gathered at the table, but above all to move towards the protection of people and respect for their identity, freedom and dignity.”

“This instance not only allowed us to listen and learn about the particular needs that arise from this experience; receiving them in La Moneda (the Chilean Presidential Palace) was also a sign, a milestone and a message that is consistent with what is commemorated on Pride Day, which is the need to make this diversity visible in search of recognition and respect for the identity and dignity of people, whether they are transgender, lesbian, gay, nonbinary,” said Orellana.

“Today, as the Ministry of Women and Gender Equality, we are integrating the LGBTIQA+ community from the possibilities that our institutional framework gives us today,” she emphasized.  “All ministries are committed to advancing LGBTIQA+ matters and our Ministry is leading the actions that allow us to push that agenda.”

Fundación Iguales Executive Director Maria José Cumplido told the Blade from Concepción that “we believe it is a very good announcement to create an anti-discrimination institution and improve the Zamudio Law. We are happy that the government has listened to us.”

“With Movilh we requested many times that the Justice Ministry should host this institution through the Undersecretary of Human Rights. That is the competent state portfolio,” added Cumplido.

Fundación Iguales Executive Director María José Cumplido. (Washington Blade photo by Esteban Ríoseco)

Orellana further stressed to the Blade that “this new institutionalism is added to other actions that we have been carrying out as a government and that have to do with improving the daily experience of diversities and dissidences, among them the restitution of a public property in the Aysén Region to build the first House of Diversities and Dissidences, which can attend and gather people from the community.” She said it will also include “the incorporation of questions on gender identity and sexual orientation in the CASEN (a survey used to create public policy) because it is important to make diversities and dissidences visible, to know how they live, what needs they have, to know and recognize them so that the state can effectively reach all people; or the elimination of discriminatory and stigmatizing practices in health care, including reconversion therapies, through new guidelines of the Health Ministry.”

“We have other commitments also in labor matters, to protect the right to work of trans people,” said Orellana. “There are still many actions to be taken in this work, but we count on the will and commitment of all the ministries.” 

Women and Gender Equality Minister Antonia Orellana speaks at a Pride month event in Concepción, Chile. (Courtesy photo)

This new institutional framework and proposed reforms of the Zamudio Law depend upon Congress. Boric’s government has therefore made them a legislative priority.

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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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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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