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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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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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