South America
Rejection of proposed Chilean constitution seen as a victory for LGBTQ rights
55.8 percent of voters opposed second draft
Chile has experienced a crucial turn in its political landscape with the results of Sunday’s referendum in which voters rejected a proposed constitution that generated concern among LGBTQ activists.
Chileans rejected the draft constitution with 55.8 percent of voters supporting the “against” option. Turnout was 84.5 percent.
The Republican Party, founded by the far right-wing former presidential candidate José Antonio Kast, led the effort behind the proposed constitution. Sunday marked the second time that Chileans went to the polls to decide on a new constitution — the process began after social protests rocked the country in October 2019.
A year after the unrest, more than 80 percent of voters were in favor of replacing the constitution, but the first attempt that independents and left wing sectors led, failed in September 2022, when 62 percent of Chileans voted “rejection.”
With the second rejection on Sunday, voters punished the right wing after opposing independents and the left wing. This result ended a cycle of euphoria after the social unrest with a high initial percentage for change. The current constitution, which took effect in 1980 during Augusto Pinochet’s regime and has undergone several changes, remains in force.
María José Cumplido, executive director of Fundación Iguales, expressed relief, noting the proposed constitution posed a significant risk to the rights of women and sexual diversities.
“We are very relieved,” Cumplido told the Washington Blade.
As to how she perceives these results will affect the LGBTQ community in terms of rights and protections, Cumplido noted more voters consciously objected to the proposed constitution that could have resulted in constitutionalized discrimination. Cumplido, however, pointed out the 1980 constitution does not ensure real protections against discrimination, which means Fundación Iguales will continue to work in this area.
Cumplido highlighted the broad conscientious objection could allow discrimination on religious grounds. She further noted the lack of a sufficiently robust non-discrimination principle and expressed concerns about the weakness of the rights of children and adolescents.
“Conscientious objection has been used to reopen debates that had already been democratically resolved, usually in relation to specific groups, such as LGBTIQ+ (people), whose rights were only recently recognized and whose implementation is sought to be avoided, even if this significantly affects the holders of those rights,” said Cumplido.
Ignacia Oyarzun, president and coordinator of legislation and public policy of Organizando Trans Diversidades, expressed relief over the referendum’s results. Oyarzun emphasized the proposed constitution would have limited the possibility of advancing transgender rights.
“It basically boils down to a sense of tranquility,” Oyarzun pointed out to the Blade. “Understanding that for particularly communities like ours, who are socially vulnerable, who have historically been excluded from political, social spaces, it implied the possibility of being able to suffer, let’s say, even more social and political vexations in relation to a constitution guaranteeing certain possibilities of discrimination directly towards our communities.”
Oyarzun affirmed the results guarantee the continuity of the advances in trans rights and for the broader LGBTQ community. Oyarzun also pointed out the proposed constitution threatened rights that the trans community has won, such as the recognition of gender identity.
“It gave the possibility of going backwards in rights that we have already currently managed to achieve, such as for example identity recognition or for example circulars, in this case of Infancia Circular de Educación 0812, which enables the respect of the gender identity of girls and boys (and their ability to) use (their) social name, (their) use of (a) bathroom, (a) uniform,” Oyarzun emphasized. “All this would have been under the possibility of being eventually repealed or even not respected without any type of sanction for the educational establishments.”
Oyarzun added that “then, particularly these results, what guarantees us in a certain way is not to see a backward step basically in the rights we have acquired and to the continuity, let us say, of the advances we have achieved and the possibility of being able to continue advancing in terms of human and protection rights for our communities.”
In relation to the risk posed by conscientious objection and the lack of protection against discrimination for trans people, Oyarzun highlighted the concern about overt discrimination in educational establishments and stressed it could have led to a worse quality of life and an increase in violence that would directly affecting the life expectancy of trans people.
Colombia
Colombia avanza hacia la igualdad para personas trans
Fue aprobado en Comisión Primera de la Cámara la Ley Integral Trans
En un hecho histórico para los derechos humanos en Colombia, la Comisión Primera de la Cámara de Representantes aprobó en primer debate el Proyecto de Ley 122 de 2024, conocido como la Ley Integral Trans, que busca garantizar la igualdad efectiva de las personas con identidades de género diversas en el país. Esta iniciativa, impulsada por más de cien organizaciones sociales defensoras de los derechos LGBTQ, congresistas de la comisión por la Diversidad y personas trans, representa un paso decisivo hacia el reconocimiento pleno de derechos para esta población históricamente marginada.
La Ley Integral Trans propone un marco normativo robusto para enfrentar la discriminación y promover la inclusión. Entre sus principales ejes se destacan el acceso a servicios de salud con enfoque diferencial, el reconocimiento de la identidad de género en todos los ámbitos de la vida, la creación de programas de empleo y educación para personas trans, así como medidas para garantizar el acceso a la justicia y la protección frente a violencias basadas en prejuicios.
Detractores hablan de ‘imposición ideológica
Sin embargo, el avance del proyecto no ha estado exento de polémicas. Algunos sectores conservadores han señalado que la iniciativa representa una “imposición ideológica”. La senadora y precandidata presidencial María Fernanda Cabal anunció públicamente que se opondrá al proyecto de Ley Integral Trans cuando llegue al Senado, argumentando que “todas las personas deben ser tratadas por igual” y que esta propuesta vulneraría un principio constitucional. Estas declaraciones anticipan un debate intenso en las próximas etapas legislativas.
El proyecto también establecelineamientos claros para que las instituciones públicas respeten el nombre y el género con los que las personas trans se identifican, en concordancia con su identidad de género, y contempla procesos de formación y sensibilización en entidades estatales. Además, impulsa políticas públicas en contextos clave como el trabajo, la educación, la cultura y el deporte, promoviendo una vida libre de discriminación y con garantías plenas de participación.
¿Qué sigue para que sea ley?
La Ley aún debe superar varios debates legislativos, incluyendo la plenaria en la Cámara y luego el paso al Senado; pero la sola aprobación en Comisión Primera ya constituye un hito en la lucha por la igualdad y la dignidad de las personas trans en Colombia. En un país donde esta población enfrenta altos niveles de exclusión, violencia y barreras estructurales, este avance legislativo renueva la esperanza de una transformación real.
Desde www.orgullolgbt.co, celebramos este logro, invitamos a unirnos en esta causa impulsándola en los círculos a los que tengamos acceso y reiteramos nuestro compromiso con la visibilidad, los derechos y la vida digna de las personas trans. La #LeyIntegralTrans bautizada “Ley Sara Millerey” en honor de la mujer trans recientemente asesinada en Bello, Antioquia (ver más aquí); no es solo una propuesta normativa: es un acto de justicia que busca asegurar condiciones reales para que todas las personas puedan vivir con libertad, seguridad y respeto por su identidad.
Colombia
Claudia López running for president of Colombia
Former Bogotá mayor married to Sen. Angélica Lozano
Former Bogotá Mayor Claudia López has announced she is running for president of Colombia.
“We begin today and we will win in a year,” she said in a social media post on June 3.
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López, 55, was a student protest movement leader, journalist, and political scientist before she entered politics. López returned to Colombia in 2013 after she earned her PhD in political science at Columbia University.
López in a speech she gave last December after the LGBTQ+ Victory Institute honored her at its annual International LGBTQ Leaders Conference in D.C. noted Juan Francisco “Kiko” Gomez, a former governor of La Guajíra, a department in northern Colombia, threatened to assassinate her because she wrote about his ties to criminal gangs.
A Bogotá judge in 2017 convicted Gómez of ordering members of a paramilitary group to kill former Barrancas Mayor Yandra Brito, her husband, and bodyguard and sentenced him to 55 years in prison.
López in 2014 returned to Colombia, and ran for the country’s Senate as a member of the center-left Green Alliance party after she recovered from breast cancer. López won after a 10-week campaign that cost $80,000.
López in 2018 was her party’s candidate to succeed then-President Juan Manuel Santos when he left office. López in 2019 became the first woman and first lesbian elected mayor of Bogotá, the Colombian capital and the country’s largest city.
López took office on Jan. 1, 2020, less than a month after she married her wife, Colombian Sen. Angélica Lozano. (López was not out when she was elected to the Senate.) López’s mayorship ended on Dec. 31, 2023. She was a 2024 Harvard University Advance Leadership Initiative fellow.
The first-round of Colombia’s presidential election will take place on May 31, 2026.
The country’s 1991 constitution prevents current President Gustavo Petro from seeking re-election.
López declared her candidacy four days before a gunman shot Sen. Miguel Uribe, a member of the opposition Democratic Center party who is seen as a probable presidential candidate, in the head during a rally in Bogotá’s Fontibón neighborhood.
She quickly condemned the shooting. López during an interview with the Washington Blade after the Victory Institute honored her called for an end to polarization in Colombia.
“We need to listen to each other again, we need to have a coffee with each other again, we need to touch each other’s skin,” she said.
López would be Colombia’s first female president if she wins. 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.
Chile
Gay pharmacist’s murder sparks outrage in Chile
Francisco Albornoz’s body found in remote ravine on June 4
The latest revelations about the tragic death of Francisco Albornoz, a 21-year-old gay pharmacist whose body was found on June 4 in a remote ravine in the O’Higgins region 12 days after he disappeared, has left Chile’s LGBTQ community shocked.
The crime, which was initially surrounded by uncertainty and contradictory theories, has taken a darker and more shocking turn after prosecutors charged Christian González, an Ecuadorian doctor, and José Miguel Baeza, a Chilean chef, in connection with Albornoz’s murder. González and Baeza are in custody while authorities continue to investigate the case.
The Chilean Public Prosecutor’s Office has pointed to a premeditated “criminal plan” to murder Albornoz.
Rossana Folli, the prosecutor who is in charge of the case, says Albornoz died as a a result of traumatic encephalopathy after receiving multiple blows to the head inside an apartment in Ñuñoa, which is just outside of Santiago, the Chilean capital, early on May 24. The Prosecutor’s Office has categorically ruled out that Albornoz died of a drug overdose, as initial reports suggested.
“The fact that motivates and leads to the unfortunate death of Francisco is part of a criminal plan of the two defendants, aimed at ensuring his death and guaranteeing total impunity,” Folli told the court. “The seriousness of the facts led the judge to decree preventive detention for both defendants on the grounds that their freedom represents a danger to public safety.”
Prosecutors during a June 7 hearing that lasted almost eight hours presented conservations from the suspects’ cell phones that they say showed they planned the murder in advance.
“Here we already have one (for Albornoz.) If you bring chloroform, drugs, marijuana, etc.,” read one of the messages.
Security cameras captured the three men entering the apartment where the murder took place together.
Hours later, one of the suspects left with a suitcase and a shopping cart to transport Albornoz’s body, which had been wrapped in a sleeping bag. The route they followed to dispose of the body included a stop to buy drinks, potato chips, gloves, and a rope with which they finally descended a ravine to hide it.
Advocacy groups demand authorities investigate murder as hate crime
Although the Public Prosecutor’s Office has not yet officially classified the murder as a hate crime, LGBTQ organizations are already demanding authorities investigate this angle. Human rights groups have raised concerns over patterns of violence that affect queer people in Chile.
The Zamudio Law and other anti-discrimination laws exist. Activists, however, maintain crimes motivated by a person’s sexual orientation or gender identity are not properly prosecuted.
“This is not just a homicide, it is the cruelest expression of a society that still allows the dehumanization of LGBTQ+ people,” said a statement from Fundación Iguales, one of Chile’s main LGBTQ organizations. “We demand truth, justice, and guarantees of non-repetition.”
The Movement for Homosexual Integration and Liberation (Movilh), meanwhile, indicated that “since the first day the family contacted us, we have been in conversations with the Prosecutor’s Office so that this fatal outcome is thoroughly investigated, including the possible existence of homophobic motivations or components.”
The investigation into Albornoz’s murder continues, and the court has imposed a 90-day deadline for authorities to complete it.
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