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Indigenous transgender woman in Chile champions her communities

Claudia Ancapán Quilape fought six years for legal recognition

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Claudia Ancapán Quilape (Photo courtesy of AJ+ en Español)

Being a transgender woman in South America is not easy when her average life expectancy in the continent is 35 years. It is even more difficult for those who are of indigenous descent.

Claudia Ancapán Quilape, an indigenous trans woman with a Huilliche father and a Mapuche mother, has turned her fate around.

Ancapán is 46-years-old and lives in Recoleta in the Chilean capital of Santiago. She is a midwife who works in a private clinic and recently earned a master’s degree in health. Ancapán is working on another master’s degree in gender and will soon begin a doctorate in public policy. 

She is also a spokesperson for Salud Trans para Chile, a trans rights group, and participates in Santiago’s “LGBTQA+ Roundtable.” 

Ancapán for six years fought to have her identity legally recognized, long before Chile passed its Gender Identity Law. She won that battle on May 20, 2014, and Ancapán later lobbied lawmakers to approve the statute.

Claudia Ancapán Quilape in 2014 won her 6-year legal fight for Chile to legally recognize her gender identity. (Photo courtesy of Claudia Ancapán Quilape)

The road on which Ancapán traveled in order to become a woman has been difficult.

“I am a person who has had to struggle with being a woman, trans and indigenous,” she told the Washington Blade. 

In addition to the discrimination she suffered, a group of neo-Nazis in 2005 attacked her in Valdivia, a city in southern Chile where she was studying. The attack, which could have cost her her life, motivated her to become a queer rights activist.

Ancapán told the Blade her family’s indigenous culture allowed her to be herself in private since she was a child. Outside of her home, however, she had to pretend to be a man.

“My family allowed me to develop myself and that changed my life,” she told the Blade. “I was always a woman to my father, mother and siblings because my parents were not prejudiced against it. However, they protected me from society and I acted like a man once I walked out the door of my house because people outside our culture would not understand.”

Most indigenous groups in South America did not view LGBTQ people negatively before European colonization. They included them in their respective communities and respected them.

European colonizers exterminated many of them and buried their culture.

“Christopher Columbus arrived on his ship with religious cultural impositions that were imposed and everything was turned into sin,” Ancapán told the Blade. “If you review the history of our native peoples in Chile, they stand out because they had no conflict with homosexuality or gender identity.”

Since ancestral times there were “machis” called “weyes,” who had an important social and spiritual role within a Mapuche community. They were known for their ambiguous gender roles that could vary from feminine to masculine. “Weyes” could also incorporate feminine elements that had a sacred connotation and were allowed to have same-sex relations with younger men.

The “machi weyes” until the 18th century had a lot of authority and influence because they were recognized as a person with “two souls.”

“Pre-Columbian cultures saw the integrality of the human being linked to nature, so sexuality was an integral part of a whole (person),” explained Ancapán. “So it was not so sinful to fall in love or love a person of the same sex or for a person to present themselves with an identity different from the one they should have biologically.”

“That makes me respect my indigenous background,” she emphasized. “That’s why I am so proud of who I am and of my native belonging.”

According to Elisa Loncón, the former president of Chile’s Constitutional Constitution and a leading expert in Mapudungun, the Mapuche people’s native language, the Mapuche always recognized LGBTQ and intersex people through their language. Gay men were categorized as “weyes” and lesbian women were known as “alka zomos.” “Zomo wenxu” meant “woman man,” while “wenxu zomo” translated to “man woman.”

There is currently no indigenous LGBTQ or intersex organization in Chile, but Ancapán noted there are queer people who are indigenous.

“I know Diaguita people. I am also aware that there are trans Easter Islanders. I have Mapuche friends who are trans. And lately I made a friendship with an indigenous person who lives with two spirits,” she said. 

Claudia Ancapán Quilape participates in a protest for the rights of queer indigenous people. (Photo courtesy of Claudia Ancapán Quilape)

Ancapán said two-spirit is “a category of gender identity that is not well known in Chile, but it is linked to native people.” 

“In fact, they have always been there, but very little is known about it. This is related to the native peoples of pre-Columbian America, where they saw identity and gender as a way of life where they saw identity and the expression of sexuality as distinct,” she explained to the Blade.

Many people who claim to be two-spirit say they feel neither male nor female, escaping from the traditional gender binary.  

“These manifestations are also in the indigenous peoples of Canada and Mexico,” said Ancapán. “They are known more in the north of North America. Two-spirit is basically spiritually associated, where two identities, two spirits, coexist in you. And that speaks of breaking down the binary system.”

“So these manifestations come from the integral vision of different sexuality and from the acceptance that existed in some cultures about sexual and gender dissidence,” she further stressed. 

“I believe in nature and the power of the elements,” added Ancapán. “I am very close to my culture that talks about the connection with the spiritual of nature and the respect for nature. And from that point of view it linked me to my original people, to my native peoples.”

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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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