Esteban Rioseco

Argentinian President Javier Milei’s proposed closure of his country’s National Institute Against Discrimination, Xenophobia and Racism has sparked widespread criticism among LGBTQ activists and human rights defenders.

Alba Rueda, the former Undersecretary of Diversity Policies in the Women, Gender and Diversity Ministry who was also the country’s Special Representative on Sexual Orientation and Gender Identity under Alberto Fernández’s government, and gay Congressman Esteban Paulón in exclusive interviews with the Washington Blade talked about the Feb. 22 announcement’s implications and the impact it will have on Argentine society at a time marked by an acute economic, political and social crisis.

Rueda said INADI’s closure is a serious setback in the fight against discrimination and the advancement of human rights in Argentina. 

“INADI is a human rights agency that has been in force in Argentina for almost 30 years, which emerged as a response to the international attacks we suffered,” she pointed out. “This body has been fundamental in the attention of discrimination cases, including strategic litigation such as the (murder) of Diana Sacayán (a prominent transgender rights activist) in 2015.” 

Paulón said INADI’s closure is part of a broader policy of harassment towards diversity and state institutions that Milei’s government has carried out.

“INADI, along with the already eliminated Women Ministry, has been fundamental in the defense of the rights of LGBTQ+ and queer people,” said Paulón.

“In practical facts, the government cannot close INADI because INADI has been created by a law and it would require another law to close it,” he added. “Therefore, it has been raised that there is going to be a restructuring of personnel, a readjustment of resources that are going to continue processing complaints, but that they are going to pass to the orbit of the Justice Ministry, where INADI already is, but let’s say, they would pass without the institutionalism and that it would remain as an empty shell until the government achieves the consensus of a law to eliminate.”

Both agreed that INADI’s closure represents a serious setback in the protection of human rights in Argentina and a threat to the most vulnerable groups in society, including LGBTQ people. They also stressed Milei’s government has used this announcement as part of a broader strategy to dismantle democratic institutions and the country’s human rights agenda.

INADI cannot be closed unilaterally, despite the announcement, because a law created it and another statute would be required to dismantle it. There are, however, concerns the government may attempt to dismantle the institution or reduce its operational capacity.

“The decision to close INADI responds to an ideological position,” said Rueda. “They believe that INADI is the policeman of this, the ideological policeman. It is a body that functions autonomously whose president is appointed by the Congress and which also has a board of directors of social organizations.”

Critics of Milei’s government argue INADI’s closure is part of a strategy to consolidate power and repress dissent. They say the government is using the economic crisis as a pretext to implement authoritarian measures that limit civil liberties and weaken democratic institutions.

Milei’s supporters, on the other hand, defend the move as part of a broader effort to reduce public spending and promote liberal economic policies. They argue INADI’s closure is necessary to eliminate waste and corruption in government, and that its impact on human rights and LGBTQ protection is overstated.

“For LGTB people in particular, the closure of INADI would leave us without a place where we could basically receive attention in the face of discrimination,” Rueda pointed out. “And another issue that INADI also did is that it generated public policy recommendations or developed public policies for the prevention and awareness of these changes that have to take place in society.”

“So, not only do we run out of spaces for denunciation, but also of where to change this culture of discrimination, culture of discrimination that are present in the labor market that Milei presents or points out to you, as a success and that this is self-regulated,” she added. 

The current crisis in Ecuador has exacerbated the vulnerability of the LGBTQ community, which was already facing high levels of violence and discrimination. 

A report that Runa Sipiy published notes 27 LGBTQ people were reported murdered in the country in 2023, and government authorities did not adequately respond to them. This situation has intensified during the armed conflict in the country.

Two LGBTQ people have already been reported killed in 2024. Diane Rodríguez, national director of the Ecuadorian Federation of LGBTI Organizations, described the Ecuadorian government’s measures in response of ensuring LGBTQ people remain safe as insufficient and inattentive.

Ecuador in 2019 extended marriage rights to same-sex couples. They can also adopt children, while transgender people can change their legal documentation. The country’s constitution includes sexual orientation and gender identity within the protected categories against discrimination.

Challenges nevertheless persist: Awareness and full implementation of laws and the continued need for efforts to ensure Ecuadorian society is more respectful of sexual and gender diversity.

Rodríguez told the Washington Blade “the current security crisis in Ecuador has had a direct impact on the LGBTQ community.” 

“LGBTQ people were already more prone to violence and discrimination before the crisis, and this situation has worsened even more in recent months,” she said.

The activist added that “we believed that, with the new government of Daniel Noboa, things would improve, but we are finding that they will not, since his own human rights institutions, such as the Ministry of Women and Human Rights, omit our situation or hold cosmetic LGBT+ meetings, in the manner of pinkwashing of the current government.”

According to Asociación Silueta X, an organization that works for the rights of LGBTQ people in Ecuador, an increase in incidents of violence and discrimination towards LGBTQ people has been observed during this period of crisis. These incidents include physical attacks, verbal harassment and discrimination in accessing public services. 

“This week, for example, Beba was murdered on the afternoon of Jan. 8, 2024, shot in her native Pueblo Viejo, Los Rios province in Ecuador, in the context of the ‘internal armed conflict’ of the country and the state of emergency declared by the president of the republic,” said Rodríguez. “So far, no government department has spoken out about these trans murders, much less the Undersecretary of Diversities or the Ministry of Women and Human Rights.” 

Rodríguez in 2017 became the first openly trans person elected to the country’s National Assembly when she became an alternate assemblywoman. She has also been president of Asociación Silueta X.

Rodríguez said the violence has disproportionately affected trans, lesbian and bisexual women. 

“We trans people are especially vulnerable to sexual violence and human trafficking,” she said. “This is not only because of those who promote the internal armed conflict related to narco-crime, but also because of the police and army personnel themselves, who in critical events such as the COVID-19 pandemic, abused their power and violated the rights of trans people, especially trans women, so we are fearful on both sides.” 

“In Ecuador LGBT+ people and especially trans women are afraid of those who should protect us, such as the police and the army,” added Rodríguez.

Christian Paula, executive director of Fundación Pakta, noted to the Blade informed that “a case arose over the weekend, where a couple was violating the curfew, apparently a couple of gay guys on a motorcycle after 11 p.m. and the police asked why they were both on a motorcycle so late at night”.

“They had indicated that they are a couple and what (was outrageous) is that they stripped them naked and sent them without clothes to return to the house,” noted Paula.

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.

A prominent LGBTQ activist in Argentina on Sunday won a seat in the country’s Congress.

Esteban Paulón, who lives in Rosario, a city in Santa Fe province, is the former president of the Argentine Federation of Lesbians, Gays, Bisexuals and Transgender People. The Santa Fe Socialist Party member finished first on La Fuerza de Santa Fe ticket.

“I feel an enormous joy and responsibility,” Paulón exclusively told the Washington Blade after officials announced the results. “I get to represent on the one hand the Socialist Party that has a history of more than 127 years in Argentina … and in turn my province and the LGBT community.”

Paulón noted he was the only openly gay candidate in the election.

“I am going to defend my community, to represent the Socialist Party and to resist the pretensions of the most reactionary and conservative sectors of Argentina that have entered Congress with force in this election, regardless of the fact that the presidency has not yet been defined,” he said.

Massa, Milei to face off in presidential election’s second round

Economy Minister Sergio Massa on Sunday won 36.68 percent of the votes in the first round of the country’s presidential election. Libertarian economist Javier Milei received 29.98 percent of the vote.

The two men will face off in the election’s second round that will take place on Nov. 19 because neither one on Sunday received more than 45 percent of the votes or at least 40 percent and a difference of at least 10 percentage points over the runner-up.

Massa, the ruling Peronism party’s candidate, to the surprise of many election observers won center-left votes. He will compete for the presidency without being bogged down by the fact that he oversees the economy of a country with an inflation rate of nearly 140 percent.

Milei has proposed dollarizing the economy and abolishing Argentina’s Central Bank, among other radical measures. 

The winner of the presidential election will have to tackle the economic crisis and $44 billion in debt to the International Monetary Fund.

Paulón, along with LGBTQ activists, expressed concern that so many Argentines voted for Milei, who opposes marriage equality and trans rights. They also note he has pledged to close the country’s Women, Genders and Diversity Ministry.

“Milei’s advance is a concrete risk because he has said it concretely, he has specifically had anti-rights proposals,” said Paulón. “The Socialist Party, for our part, will never support Miley’s candidacy.”

“Milei’s negationist, homophobic, misogynist and anti-rights discourse obviously represents a risk because it has been installed in the public debate,” he added. “We have to work now so that he does not become president.”

Paulón told the Blade that Milei’s rise is due to “the social discontent in Argentina, an economic situation that is not recovering, concrete difficulties for many people and Javier Milei appears as an emergent of something that comes from outside the system and that should come to change everything.” 

“That coming from outside and showing himself as someone outside the political system is very much associated with everything that has to do with verbal violence, physical violence, denial of the other,” said Paulón. “His whole campaign is based on violence, but the crisis is indeed so deep that an important part of the population has decided to vote for him.”