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Far-right takes control of Chile’s constitutional council

Activists fear LGBTQ, intersex rights could be at risk

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More than 100,000 people attended a Pride protest in Santiago, Chile, on June 25, 2022. (Photo courtesy of Gonzalo Velásquez)

In a twist that raises concerns about LGBTQ and intersex rights in Chile, the body charged with writing the country’s new constitution is now under the control of a far-right political coalition that former presidential candidate José Antonio Kast leads.

Compared to the progressive approach that had characterized the previous Constitutional Convention, the change in the composition and the Republican Party’s control of the constitutional council raises serious concerns. 

The former council demonstrated a willingness to address equality and nondiscrimination, including the rights of LGBTQ and intersex people. With the Republican Party in control, however, there have been warnings of potential pushback on hate speech and constitutional protections for queer people.

“The current constitutional process is the last effort to replace the current constitution, which, with all the modifications it has undergone, is still the one built during the dictatorship and reformed with the rules established by the dictatorship,” Gaspar Domínguez, an openly gay man who was the vice president of the previous Constitutional Convention, told the Washington Blade.

Chile’s LGBTQ and intersex community for years has been fighting for recognition and equal right, and it is increasingly fearful the Republican Party could thwart these efforts. Marriage equality, nondiscrimination and recognition of gender identity could be at risk.

Chileans in December will have to return to the polls to approve or reject the constitutional council’s proposal. If rejected, the current constitution that dates back to Gen. Augusto Pinochet’s dictatorship and caused widespread social upheaval in 2019 will remain in force.

Domínguez explained “the text that will be submitted to plebiscite at the end of the year will be the result of the deliberation and voting on the amendments of the constitutional council, which is composed mostly by conservative sectors of the Chilean society that opposed the decriminalization of sodomy in 1999, opposed the divorce law in 2004, that have opposed same-sex marriage bills over the last two decades and that have been linked to the most conservative sectors of the right, to the Catholic and Evangelical churches.”

“Considering this political scenario, it is a real option that the proposal to be voted on at the end of the year constitutes a threat to the civilizational advances that have allowed the LGBTIQ+ community to grow in equality,” he noted.

Gaspar Domínguez made history in Chile when he was elected as vice president of the Constitutional Convention. (Courtesy photo)

María Pardo, a constitutional lawyer with “Unity for Chile,” the pro-government bloc within the council that champions queer issues, told the Blade “we are in a political context that has led us to write a shorter constitution and with a much more conservative and majority opposition than the previous period that wants to go backwards or not to advance on these issues for different reasons that they use. They consider, for example, that historically oppressed groups enjoy privileges. Faced with sectors (that have) a clear anti-women and anti-sexual diversity agenda, we have to confront them.”

María Pardo is a respected lawyer who specializes in constitutional law (Photo courtesy of María Pardo)

Pardo’s coalition did not present amendments with explicit references to LGBTQ and intersex people because “we did not present aspects as specific as in the convention, but we did present aspects tending to nondiscrimination and recognition of historically vulnerable groups. In this sense, we consider fundamental the development of the so feared, by the right wing, Comprehensive Sexual Education (ESI), as the basis for children and adolescents to feel integrated in safe spaces of development and conversation, leaving out discriminatory stereotypes. In this sense, we insist that comprehensive sexual education is a human right and not a sole and exclusive responsibility of families.” 

Gloria Hutt, a constitutional advisor for Evópoli, a center-right political party that supports LGBTQ and intersex rights, indicated the nondiscrimination amendment is not at risk. 

“My impression is that it should indeed be approved in the plenary, because it is an obvious right the protection of people’s rights and an element of nondiscrimination,” she told the Blade. “At least, I don’t have the impression that it is at risk.” 

Gloria Hutt is a politician from the traditional Chilean right who has positioned herself as an ally of queer rights (Photo courtesy of Gloria Hutt)

Hutt, who was a former minister in President Sebastián Piñera’s government, argues the “lack of mention of specific groups” in the draft constitution “has to do mainly with the fact that the identification of elements of inclusion or nondiscrimination are very many. So, in the constitution, what is left is the general principle and not the specific mention of each one of the groups. That is why nondiscrimination is maintained as a principle, but without specifying the type of discrimination, but of course, sexual orientation.”

Fundación Iguales, a Chilean LGBTQ and intersex rights organization, said they are closely watching the debate over the new constitution and how it will impact queer people.

“We are monitoring the work with concern,” Mauricio Henríquez, the group’s legal director, told the Blade. “Extreme conservative discourses could directly harm the rights of LGBTI+ people.”

Mauricio Henríquez told the Washington Blade Fundación Iguales is closely watching the current constitutional process. (Courtesy photo)

Henríquez added “historically, the conservative ultra-right has opposed the recognition and protection of the rights of sexual and gender diversity. They were against the Civil Union Agreement, equal marriage, the regulation of gender Identity, etc. So, given this background and the harsh comments expressed by some councilors regarding rights and freedoms in the last weeks, it would not be surprising that the constituent drafting would take the same course as the aforementioned rights.”

Henríquez finally pointed out that “more than a setback, there is a kind of invisibilization of historically discriminated groups, including LGBTI+ people.” 

“Here it is important to make clear that the state of Chile and the inhabitants of this country already have a commitment to sexual and gender diversity that no political sector, no matter how conservative or extremist it may be, can deny,” he said. “For this reason, the call we make from Fundación Iguales is that the constitutional advisors legislate looking at the reality of a country that day by day advances in freedom, development and protection of human rights.”

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Colombia

Claudia López criticizes Trump over threats against Colombian president

Presidential candidate would become country’s first lesbian head of government

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Former Bogotá Mayor Claudia López speaks at the LGBTQ+ Victory Institute's International LGBTQ Leaders Conference in D.C. on Dec. 7, 2024. (Washington Blade photo by Michael K. Lavers)

BOGOTÁ, Colombia — Colombian presidential candidate Claudia López has criticized President Donald Trump after he suggested the U.S. will target Colombian President Gustavo Petro.

“Colombia is very sick, too, run by a sick man, who likes making cocaine and selling it to the United States, and he’s not going to be doing it very long,” Trump told reporters on Air Force One on Sunday.

Trump made the comments a day after American forces carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores on Monday pleaded not guilty to federal drug charges in New York.

Petro is a former Bogotá mayor and senator who was once a member of the M-19 guerrilla movement that disbanded in the 1990s. He has urged Colombians to take to the streets and “defend national sovereignty.”

“Colombians are the ones who decide who governs Colombia,” said López on her X account. “President Gustavo Petro won free elections and has a constitutional mandate.”

López did not mention Trump by name in her comment.

The first-round of Colombia’s presidential election will take place on May 31. The country’s 1991 constitution prevents Petro from seeking re-election.

López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city. She took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano.

“This year we will decide at the polls what direction (the country) is heading and what leadership will advance Colombia,” said López in her X post. “Supporting soft dictatorships and attacking democracies is an absurd and unacceptable political action by the United States towards Colombia, Venezuela, and Latin America.”

López would be Colombia’s first female president if she wins the election. López would also become the third openly lesbian woman elected head of government — Jóhanna Sigurðardóttir was Iceland’s prime minister from 2009-2013 and Ana Brnabić was Serbia’s prime minister from 2017-2024.

The LGBTQ+ Victory Institute in 2024 honored López at its annual International LGBTQ Leaders Conference in D.C. The Washington Blade interviewed her during the gathering.

Editor’s note: International News Editor Michael K. Lavers will be on assignment in Colombia through Saturday.

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Colombia

Blade travels to Colombia after U.S. forces seize Maduro in Venezuela

Former Venezuelan president, wife seized on Saturday

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Washington Blade International News Editor Michael K. Lavers (Washington Blade photo by Michael Key)

Washington Blade International News Editor Michael K. Lavers will be on assignment in Colombia through Jan. 10.

Lavers arrived in Bogotá, the Colombian capital, on Monday. American forces two days earlier carried out an overnight operation and seized now former Venezuelan President Nicolás Maduro and wife, Cilia Flores, at their home in Caracas, the Venezuelan capital.

Maduro and Flores on Monday pled not guilty to federal drug charges in New York.

Maduro in 2013 became Venezuela’s president after his predecessor, Hugo Chávez, died.

The country’s ongoing economic and political crises have prompted millions of Venezuelans to flee to neighboring Colombia and other countries throughout Latin America and around the world. The seizure of Maduro and Flores threatens to further destabilize Venezuela and the broader region.

The Washington Blade, which has reported from Colombia several times over the last decade, has interviewed several LGBTQ Venezuelan opposition leaders. The Blade has also extensively covered the plight of LGBTQ Venezuelans and Venezuelans with HIV/AIDS who have left their country because of violence, persecution, discrimination, and a lack of medications.

“LGBTQ Venezuelans in Colombia and elsewhere have a unique perspective on the events that have transpired in their homeland over the last two days, and how they continue to reverberate throughout the hemisphere,” said Lavers. “It is critically important for the Washington Blade to document the situation in the region as it continues to evolve and to show how it will impact LGBTQ communities.”

“The Blade has a long history of covering the plight of LGBTQ communities around the world and this trip reflects our commitment to the region,” said Blade Editor Kevin Naff. “This reporting will help shine a light on the challenges facing LGBTQ Venezuelans and those living with HIV and how they are coping with the unfolding events.”

Lavers last reported from Colombia in 2021. His coverage included a trip to Cúcuta, a Colombian city that is on the country’s border with Venezuela.

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Chile

Far-right José Antonio Kast elected Chile’s next president

Advocacy group declares ‘state of alert’ over president-elect’s opposition to LGBTQ rights

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Chilean President-elect José Antonio Kast (YouTube screen shot)

José Antonio Kast on Sunday won the second round of Chile’s presidential election.

Kast is the far-right leader of the Republican Party who was a member of the country’s House of Deputies from 2002-2018. He defeated Jeannette Jara, a member of the Communist Party of Chile who was former labor and social welfare minister in outgoing President Gabriel Boric’s government, by a 58.2-41.8 percent margin.

The election’s first round took place on Nov. 16.

Kast and Jara faced each other in the runoff after no candidate received at least 50 percent of the vote in the first round. Kast will take office on March 11.

“Under his leadership, we are confident Chile will advance shared priorities to include strengthening public security, ending illegal immigration, and revitalizing our commercial relationship,” said U.S. Secretary of State Marco Rubio on Sunday in a statement. “The United States looks forward to working closely with his administration to deepen our partnership and promote shared prosperity in our hemisphere.”

The Washington Blade has previously reported Kast has expressed his opposition to gender-specific policies, comprehensive sex education, and reforms to Chile’s anti-discrimination laws. The president-elect has also publicly opposed the country’s marriage equality law that took effect in 2022.

The Movement for Homosexual Integration and Liberation, a Chilean LGBTQ and intersex rights group known by the acronym Movilh, in a statement acknowledged the election result. Movilh also declared a “state of alert, given this leader’s (Kast’s) public and political trajectory, characterized for decades by systematic opposition to laws and policies aimed at equality and nondiscrimination of LGBTIQ+ individuals.”

“We urge the president-elect and far-right sectors that follow him to understand and internalize (the fact) that the rights of LGBTIQ+ people are inscribed in the universality of human rights, and they are not built upon an ideology or a political trend,” said Movilh in its statement. “This is not, and never has been, a left-wing or right-wing issue, although some on both sides have gone to great lengths to suggest otherwise, without any basis other than their own partisan or electoral aspirations.”

Organizado Trans Diversidades, a group that advocates on behalf of trans and nonbinary Chileans, on social media said it will “continue the fight for our community’s human rights.”

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