By Vero Ferrari

The year began by revealing how more than two decades of neoliberalism had dismantled healthcare coverage for Peruvians. The coronavirus caused thousands of deaths and led to the exploitation of private clinics. Lockdowns left the most vulnerable adrift, including LGBTQ+ people, for whom there are no public policies.

However, LGBTQ+ activism—along with feminist and student movements—played a key role in the protests against the parliamentary coup that cost the lives of two Peruvians and injured over a hundred. We defended a democracy that does not protect us: two bills have been languishing in Congress for years without being debated in committee or on the floor: the equal marriage bill and the gender identity bill.

The pandemic

In March, the lockdown brought to the forefront the binary nature of gender roles and impositions when measures were taken that separated men and women without considering diverse gender identities. When the problem became evident, former President Vizcarra and his ministers took an affirmative stance, stating that the differentiation would be based on gender expression and calling for respect for transgender people. Despite this, the measure was rejected because it increased coronavirus cases and placed almost all caregiving responsibilities on women.

The games

In January, death claimed the life of gay activist Giovanny Romero Infante, a young journalist and former director and president of the Lima Homosexual Movement, known for his continuous questioning of governments that allowed violence against LGBTQ+ people.

In May, the renowned artist and performer Juan Carlos Ferrando passed away after battling diabetes for many years. He was one of the founders of the Pride March in Lima in the 1980s and, along with his partner, Alfredo Caballero, fought for marriage equality.

The pandemic claimed the lives of prominent gay businessmen such as Enrique Verdura, owner of one of Lima's oldest operating nightclubs, "La Jarrita," which had served as a haven for hundreds of gay and transgender patrons; and Fernando Espinoza, owner of "La Casona," one of the most popular nightclubs in Lima's Historic Center. Added to this tragic list is cultural manager Luis Repetto Málaga, recognized as a "Meritorious Personality of Culture" in 2014 for his tireless work in protecting and promoting Peruvian cultural heritage. The partners of all three men had to endure their widowhood without any support.

Legislative advances

In April, the Inter-American Court of Human Rights ruled that “Peru is responsible for the torture and sexual assault of an LGBTI person by police officers” in the case of Azul Rojas Marín, who was illegally detained, tortured, and raped by police officers in 2008 at a police station in Trujillo. The case was dismissed in several proceedings marred by the judges' homophobia, prompting Rojas Marín to appeal to international bodies. Among the reparations ordered are monetary compensation for Azul and her mother for the material and moral damages suffered, the reopening of the investigation and the prosecution of the perpetrators, and a public act of acknowledgment of international responsibility.

In July, the Executive Council of the Judiciary approved joining the international pact "100 Brasilia Rules on Access to Justice for People in Vulnerable Situations," but excluded the LGBTQ+ population from its benefits. In response, Janet Tello, president of the Standing Committee on Access to Justice for People in Vulnerable Situations and Justice, requested a reconsideration of the measure. Due to the public outcry, the pact was signed with all the populations it was intended to protect, and progress was made on the Protocol on Access to Justice for LGBTQ+ People, which is expected to be ratified soon.

That same month, the Third Transitory Court of the Superior Court of Lima recognized the rights of obstetrician Eidan Kaletb, an intersex person, who initiated a lawsuit in 2017, to correct the error made when registering him as female in his Live Birth Certificate.

In August, a Supreme Decree approved supplementary regulations for the implementation of Emergency Decree No. 063-2020, which provides for solidarity support from officials and public servants of the Executive Branch. This support is intended to provide financial assistance to the families of healthcare workers who died from COVID-19, including same-sex partners. This effectively became a de facto recognition of Peruvian lesbian and gay couples.

In September, the Arequipa Regional Council unanimously approved the Regional Ordinance on Equality and Non-Discrimination after a long wait of 12 years. The law seeks to promote respect and equal conditions for all people without distinction of race, language, religion, sexual orientation, gender identity, ideology, or economic status in one of the most conservative cities in the country.

State-sponsored homophobia

In November, behind closed doors and in a private session, four magistrates of the Constitutional Court (Ernesto Blume, José Sardón, Augusto Ferrero and Manuel Miranda) decided to deny the right to recognition of same-sex marriage in the Oscar Ugarteche case, despite the Advisory Opinion of the Inter-American Court of Human Rights that requires all member countries to regulate their legislation to protect and guarantee the rights of LGBTI people.

In December, Congress, after five years, signed the Inter-American Convention on the Protection of the Rights of Older Persons, which protects the rights and guarantees dignified lives for older adults. The Fujimori bloc sought to continue blocking the signing of this pact because it also protects the LGBTQ+ older adult population.

Hate crimes

On February 9, Angie Mimbela del Águila (28) was murdered while working in the early morning hours in her neighborhood of Villa El Salvador (Lima). To this day, it is unknown who slit her throat, despite the existence of security camera footage that recorded the incident.

On July 11, trans activist Cristal Romero Mattos (52) was murdered in the city of Trujillo. She was found stabbed to death in her hair salon. Her killers have not yet been found.

On August 31, Brenda Venegas Ayquipa (52) was murdered. She was found hanged in her hair salon located in the San Juan de Lurigancho district of Lima. The crime is suspected to have been committed by her occasional partner, who is currently at large.

On September 4th, Gabriela Cruz Pimentel (46) was murdered in her bedroom in the San Miguel district of Lima. The investigation has made no progress in finding the culprit.

On November 12, Soledad Rojas Páucar (48), also known as Shisha, was murdered in her minimarket located in the city of Huancayo. Her killers are unknown.

Earrings

The year is ending and the National Registry of Identification and Civil Status (Reniec) continues to deny the recognition of the son of Darling Delfín and Jenny Trujillo, a process that has been pending since 2016. The two children of television host Ricardo Morán are in the same situation, as Reniec still refuses to register them with their father's surnames, leaving them in a legal limbo.

In December, councilman Manuel Siccha presented the proposed Transgender Employment Quota Ordinance to the Municipality of Lima, so that 1% of the administration's workers would be transgender people, although the municipality has already assumed its social responsibility on the issue, hiring more than a dozen transgender women for various jobs.