Peruvian Ombudsman Josué Manuel Gutiérrez Cóndor (3rd from L) with lesbian Peruvian Congresswoman Susel Paredes (4th from L) on May 29. (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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