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Peru’s new ombudsman makes homophobic comments before Congress

Josué Manuel Gutiérrez Cóndor elected on May 17

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Peruvian Ombudsman Josué Manuel Gutiérrez Cóndor, third from left, meets with lesbian Peruvian Congresswoman Susel Paredes, fourth from left, in Lima, Peru, on May 29, 2023. (Photo courtesy of Paredes' Twitter page)

CUSCO, Peru — Peru on May 17 elected a new ombudsman.

The office of Peru’s ombudsman, or “Defensor del Pueblo,” was created in 1993. The ombudsman’s website says this autonomous office’s role is to “defend and promote the individual and communal rights,” with an emphasis on the rights of vulnerable peoples. Some of the powers of this office include presenting amicus curiae briefs and even bills to Peru’s Congress. 

Given the powers and responsibilities of this position, the ombudsman is of particular relevance to Peru’s queer community. And on May 17 of this year, Congress by an 88-24 vote margin elected Josué Manuel Gutiérrez Cóndor, a lawyer and former congressman, to be Peru’s new ombudsman.

Shortly after his appointment, though, it became known that Gutiérrez during his election process before Congress made remarks that some are calling homophobic.

Conservative Congressman Alejandro Muñante asked Gutiérrez about “Lesbian Visibility Day.” ​​Gutiérrez, in his response, said although he is a “lover of freedoms,” he also called homosexuality a “deformity that needs to be corrected.”

“These deformities are debaucherous … these deformities don’t contribute to institutions or the state, therefore this behavior must be corrected and not idealized,” added Gutiérrez.

Jorge Apolaya, a spokesperson for the Lima Pride March Collective, spoke with the Washington Blade over WhatsApp about the historic importance of Peru’s ombudsman in the fight for LGBTQ and intersex rights.

“The ombudsman’s office is an entity that contributes to guaranteeing the rule of law in the search for justice … and the LGBT population has often had to resort to [the ombudsman] in order to achieve greater attention to their demands,” said Apolaya. “So it’s necessary for the country to have strengthened institutions because only in this way will we be able to advance the human rights of all people, especially the most vulnerable populations in the country.”

It is perhaps due to the importance of this office that, despite Gutiérrez’s apparent homophobia, Peru’s first and only lesbian congressman, Susel Paredes, met with ​​Gutiérrez. With rainbow and transgender flags sprawled across the table, the congresswoman and ​​Gutiérrez on May 29 spoke about issues affecting the LGBTQ and intersex community in Peru. 

After the meeting, Paredes posted on Twitter:

“Meeting with the ombudsman, Josué Gutiérrez. This isn’t a blank check. He already committed to a solution for the children of same-sex families. The update of Report 175 on the rights of the LGBTIQ+ community and supporting the Pride March are also part of the commitments.”

The above-tweet refers to Gutiérrez’s supposed commitments to help resolve the situation of gay and lesbian parents who can’t register their children as their own under Peruvian law (with both of their surnames,) and the role of the ombudsman to create a report on the situation of LGBTQ and intersex people in Peru. 

Not everyone, however, was convinced by the ombudsman’s promises so soon after his homophobic appearance before Congress.

Replying to Paredes’ tweet, Peruvian human rights activist Gabriel Moreno Alcántara, wrote: “Still, we can’t trust him one bit. Right now he is new so he is going to want to be liked by all social groups.” (Paredes liked the tweet.)

Apolaya, though, tells the Blade that he doesn’t fault the congresswoman for having the meeting with Gutiérrez as it is part of the duties of her office to meet with officials like him. 

“I think that [the meeting] was an opportunity for the ombudsman to learn about the demands of LGBTI people in the country.”

U.S. Ambassador to Peru Lisa Kenna also met with Gutiérrez. 

She tweeted on June 7 that “everyone has the right to fundamental freedoms. I spoke with the Ombudsman Josué Gutiérrez to express our support for the defense of human rights and democracy in Peru.”

This tweet attracted some backlash from both liberal and conservative Peruvians. 

Some conservatives took issue with the ambassador’s use of the word “todes,” a gender-neutral word for “everyone” that does not exist in traditional Spanish. Muñante replied to the tweet, writing “‘todes’” does not exist in our language, Madam Ambassador, be careful with the image you project in our country.”

In one of South America’s most conservative countries, the controversies surrounding Gutiérrez’s appointment are indicative of the ongoing struggle for LGBTQ and intersex rights. 

Peru remains one of the few countries in South America which offers zero recognition for same-sex couples, despite a 2018 Inter-American Court of Human Rights ruling which mandates that signatories of the American Convention on Human Rights to legalize same-sex marriage. And in one of the areas Paredes brought up in her meeting with ​​Gutiérrez, same-sex parenting, public opinion greatly lags behind other countries in the region. 

According to a 2021 Ipsos study, a majority of Peruvians disagreed with the statement that “same-sex couples should have the same rights to adopt children as heterosexual couples do.” Further, in a 2023 survey (also by Ipsos), 98 percent of LGBTQ people responded that they were either “extremely” or “very” dissatisfied with “the role of the State in guaranteeing rights of diverse families/LGBTIQA+ people.” Fifty-six percent of respondents also reported having experienced discrimination in public spaces. 

Despite the widespread discrimination and the suspicions of some in Peru’s queer community of Gutiérrez’s true intentions, plans for Pride continue unabated. 

Apolaya tells the Blade that the Lima Pride March, which will take place on July 1, is expecting around 25,000 participants. Other towns in Peru will also be hosting their first-ever Pride festivities. 

Juliaca, the town where 18 protesters and bystanders were killed in a single day during the political unrest earlier this year, will host a march on June 28. 

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Chile

Transgender woman sues Chilean national police

Isabella Panes alleges she suffered harassment, exclusion after becoming ‘carabinera’

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Isabella Panes (Courtesy photo)

Isabella Panes in 2022 was celebrated as a symbol of inclusion. 

Wearing an olive green uniform and a shy smile, she appeared in the media and on social media as Chile’s first trans female “carabinera” or national police officer. The Carabineros promoted Panes as a sign of openness, but that story has become a dramatic case of institutional discrimination.

Panes today faces the Carabineros in court.

She has denounced a series of systematic acts of exclusion, harassment at work, and violation of fundamental rights that she and her defense team maintains pushed her into a mental health crisis that almost cost her her life.

“My hope is that tomorrow we will be able to live in a world of equality for all. Just that we understand that we are human beings and we have to make life a lot easier for each other,” Panes told the Washington Blade during an exclusive interview.

Panes, 29, grew up in Laja in the Biobío region.

She dreamed of becoming a “carabinera” since she was a child, despite the fact that she faced discrimination because of her gender identity. After years of effort, surgeries and a difficult transition, Panes enrolled in the Carabineros Academy in 2021.

Panes faced the challenge of making her medical processes compatible with the physical demands of training. Even so, she graduated with good marks, and was recognized as part of the new institutional image the Carabineros wanted to project after the 2021 social unrest tarnished their image.

This institutional support disappeared after the media campaign.

Panes alleges she was marginalized from operational duties and relegated to administrative tasks, despite her interest in and training to patrol the streets like any other officers.

“I joined the Carabineros to serve, not to be a marketing decoration,” she said. “I was offered to be part of the change, but only if I kept quiet and accepted the mistreatment.”

The accusations against the Carabineros are serious: Constant mockery by colleagues, dissemination of private information about her personal life, invasive questions about her body and sexual orientation. Panes’s legal representatives said this abuse took place within a context where the institution did not take effective measures to protect their client.

The Carabineros Social Security Administration, known by the Spanish acronym Dipreca, also refused to cover her transition-related medical procedures, arguing they were “aesthetic,” despite medical reports that indicated their importance for Panes’s mental health and well-being.

Panes in January attempted to kill herself by suicide. She managed to survive after calling Chile’s 4141 mental health care number for help.

“They were killing me slowly, from the inside,” said Panes.

Panes has brought her case to the Supreme Court after a lower court ruled in favor of Dipreca’s decision to not cover her medical treatments.

Her legal team in a lawsuit has also accused the Carabineros of employment and systematic discrimination. Panes is seeking damages and institutional reforms.

“The Carabineros used Isabella to clean up its public image, but when it came to guaranteeing real rights, they abandoned her,” said Javiera Zúñiga, spokesperson for the Movement for Homosexual Integration and Liberation, a Chilean advocacy group.

“It is not enough to show up at the Pride march,” she added. “True inclusion is demonstrated in deeds, in daily dealings, in respect for the dignity of all people.”

Panes’s case starkly exposes the limits of diversity policies when there is no deep institutional commitment to implement them.

“I am no longer afraid,” said Panes, ”What happened to me cannot happen again. Not for me, but for all those who come after me.”

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Brazil

US lists transgender Brazilian congresswoman’s gender as ‘male’ on visa

Erika Hilton has represented São Paulo since 2022

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Brazilian Congresswoman Erika Hilton speaks at an LGBTQ Victory Institute-sponsored conference in Brasília, Brazil, in 2023. (Photo by Ester

A transgender Brazilian congresswoman says the U.S. issued her a visa that listed her gender as “male.”

Erika Hilton on Wednesday wrote on her Instagram page that she requested a visa that would have allowed her to travel to the U.S. in order to participate in the Brazil Conference at Harvard University and the Massachusetts Institute of Technology.

The conference took place earlier this month.

“I was classified as ‘male’ by the U.S. government when I went to get my visa,” wrote Hilton, who added a visa she received from the U.S. in 2023 listed her gender as “female.”

Hilton is a Black travesti and former sex worker from São Paulo who won a seat in the Brazilian Congress in 2022. The Washington Blade spoke with Hilton shortly after her election.

“It is a big responsibility … but I feel very honored,” said Hilton. “I very much like to be able to be a representative for my people, and the more than 250,000 people who voted for me have confidence in me,” she said after she spoke at a rally in support of now Brazilian President Luiz Inácio Lula da Silva in a São Paulo square. “This demonstrates that our work has the potential to have a gigantic reach; where we can advance efforts to end death, poverty, misery, genocide that we have.”

President Donald Trump in his inaugural speech announced the federal government’s “official policy” is “there are only two genders, male and female.” The Trump-Vance administration has also banned the State Department from issuing passports with “X” gender markers.

Germany and Denmark are among the countries that have issued travel advisories for trans and nonbinary people who plan to visit the U.S. These warnings come ahead of WorldPride, which is scheduled to take place in D.C. from May 17-June 8.

Hilton said she is “not surprised” the U.S. issued her a visa with a male gender marker.

“I’m also not surprised by the level of hatred and fixation these people have with trans people,” she said. “After all, the documents I presented are rectified, and I’m registered as a woman, even on my birth certificate.”

Hilton further accused the U.S. of “ignoring official documents from other sovereign nations, even from a diplomatic representative.”

“At the end of the day, I’m a Brazilian citizen, and my rights are guaranteed and my existence is respected by our own constitution, legislation, and jurisprudence,” she said.

Editor’s note: Duda Salabert, another transgender Brazilian congresswoman, also said the U.S. listed her gender as “male” on her American visa.

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Argentina

Gay, nonbinary parent fights for family in Argentina’s courts

Leonardo Hatanaka alleges they were fired after requesting paternity leave

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From left: Leonardo Hatanaka with their son and partner. (Photo courtesy of Leonardo Hatanaka)

An unprecedented case could set an important legal precedent for the rights of labor rights for LGBTQ families in Latin America.

Leonardo Hatanaka, a Brazilian pharmaceutical professional, expects an imminent ruling from the Superior Court of Justice in the Autonomous City of Buenos Aires in a case that alleges discriminatory dismissal based on sexual orientation, gender identity, and xenophobia after their son Matteo’s birth in Argentina via “solidarity gestation.” Human rights organizations and international agencies have followed the case closely.

Genzyme de Argentina S.A. and Sanofi in 2023 fired Hatanaka weeks after they notified them of their son’s paternity and requested 180-day parental leave.

“Matteo’s birth was the realization of a dream and the right to form a family with love, dignity and equality, even if that means having to fight every day for our family to be recognized as such,” Hatanaka told the Washington Blade in an exclusive interview.

The National Institute Against Discrimination, Xenophobia and Racism, a government agency known by the acronym INADI that President Javier Milei’s administration has shut down, in November 2023 said Hatanka’s termination was motivated by discrimination based on sexual orientation and gender identity.

(Milei took office in December 2023.)

The General Directorate of Coexistence in Diversity in Buenos Aires’s government in 2024 said institutional xenophobia motivated the firing.

“I am a gay man, foreign, nonbinary, and I had requested to exercise my right to parental leave,” Hatanaka explained. “The company denied access to a basic right to care, which it does provide in other countries, and did not provide any medical coverage for our son, despite his legal registration with both parents’ names.”

Sanofi did not acknowledge responsibility, offer apologies or any kind of reparations, despite the two rulings.

“It was devastating. I was caring for a newborn, at a moment of enormous vulnerability, and the company chose just that moment to abandon us,” said Hatanaka.

The National Labor Court overturned an initial injunction that ordered Hatanaka’s reinstatement. Hatanaka appealed the decision to the Superior Court of Justice in the Autonomous City of Buenos Aires.

“I hope for justice; that the discrimination suffered is recognized, and that this ruling serves as a precedent for all diverse families and LGBTQ+ people who are seeing their rights violated,” said Hatanaka.

The Argentine LGBT Federation, SOS Homophobie in France, and Mothers of Resistance in Brazil are among the organizations that have expressed their support. The latest U.N. report on anti-LGBTQ discrimination also notes the case.

“Companies must go beyond marketing,” Hatanaka emphasized. “Real inclusion requires concrete actions, consistency, and respect for their own policies.”

Hatanaka stressed that “there are instruments such as the UN Guiding Principles on Business and Human Rights. It is time for them to comply with them.” The lawsuit has also become a symbol of the struggle for equality and protection of families with parents who are the same sex.

“I feel I represent many LGBTQ+ families who live in fear of losing everything by exercising their rights,” said Hatanaka. “LGBTQ+ parenting is legitimate, real and deserves protection. No family should be punished for existing.”

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