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By Esteban M. Marchand

Members of the salsa band Zaperoko mocked a young gay man at Jorge Chávez International Airport in Callao, Peru. Antonio Gálvez, 21, was traveling for work and, after missing his flight, faced homophobic comments in the waiting area. The taunts from Juan Carlos Paz, the band's emcee, were recorded in three videos that the young man filmed and shared, which quickly went viral. Gálvez has filed a lawsuit against the band.

“It was like eight minutes of mockery. I only recorded what I posted, but it was much longer. The laughter started as soon as I entered the boarding area. I even went so far as to drop off my suitcase, then went back outside to buy water, and the whole time they were laughing at me,” Antonio Gálvez told Presentes in an interview he gave alongside his mother, Alida María Salazar Reyes.

The organization Más Igualdad Perú contacted Antonio Gálvez to offer him support throughout the process. “Cases like Antonio’s and the Zaperoko orchestra’s are commonplace in Peru because homophobia is normalized as part of ‘humor’ or ‘local culture,’ but these taunts are actually forms of contempt and discrimination,” Gabriela Zavaleta, president of Más Igualdad, told Presentes. On the same day as the attack, November 30, the Ombudsman’s Office issued a statement on the matter via its Twitter account.

We reject all forms of homophobia. The deplorable acts committed by a member of the Zaperoko orchestra are unjustifiable and cannot be normalized or considered jokes. The affected party can report the crime of defamation, aggravated by its discriminatory nature. pic.twitter.com/mPku8JKP0A

— Ombudsman's Office of Peru (@Defensoria_Peru) November 30, 2018

At that moment, there were two people from LATAM and Jorge Chávez International Airport (LAP) present, but they did nothing. As seen in the images, Antonio, who had never before directly confronted homophobic aggressors, confronted them. “They were all shouting SAO, but when I approached to record, they all fell silent. That's why I'm going to file a complaint against the orchestra because it's a company, and all those members are under that company.”

“As parents, we want to set a precedent,” his mother told Presentes regarding the decision to initiate a criminal process for discrimination against the Zaperoko orchestra.

[READ ALSO: Another trans woman attacked in Peru: 76 attacks so far in 2018]

“I don’t want this to stay just on Facebook. Anyone who thinks they have the right to insult someone in the street, or make a ‘joke,’ will think twice. Many people have written to me saying they experience similar situations every day. They will know they have the option to report it.”

Just minutes after getting off the plane, the Zaperoko orchestra published an apology stating that they are very playful and that it was a misunderstanding, and that they removed Juan Carlos Paz, the group's emcee, from the band. "It was a joke, a prank, I never meant to disrespect you. I have many gay friends and family members. (...) I saw you were filming and I thought you were doing it because you liked the joke, I never approached you, you approached me," said Juan Carlos Paz.

When Antonio returned from Arequipa to Lima on December 3rd, he tried to file a complaint at the airport, but they only gave him the complaints book. He insisted on speaking with someone in charge and pointed out that the airport had issued a statement on social media expressing regret for the attack. However, he was never able to speak with a representative.

Legal alternatives

Bruno Fernández De Córdova, a lawyer specializing in LGBTQ+ issues, explained to Presentes that Antonio Gálvez has three avenues for filing a complaint in these cases. Since the incident occurred in a public space, a complaint could be filed with the National Institute for the Defense of Competition and the Protection of Intellectual Property (Indecopi) against Jorge Chávez International Airport for failing to take action against the act of discrimination.

At the end of this process, the establishment would have to pay a fine to Indecopi. “The other option is to pursue criminal charges against the orchestra and also the companies involved, such as LAP and LATAM,” he added. A civil suit is also possible because “these people have harmed Antonio, and therefore it is feasible to seek monetary compensation. But often, criminal proceedings already include compensation.”