Political Violence in Brazil: What is the Value of Black and Transgender Parliamentarians Lives?

Political Violence in Brazil: What is the Value of Black and Transgender Parliamentarians Lives?

Given the growing political-electoral violence plaguing the security of trans and black parliamentarians in Brazil, both in their daily lives and in the exercise of their mandates, the International Institute on Race, Equality and Human Rights (Race and Equality) makes an urgent call for international human rights and protective strategies.The imminent risk of death due to political violence led the black trans councilor, Benny Briolli (PSOL/RJ), to leave the country in May 2021. The severity of the threats and attacks directed at Benny caused her political party to seek shelter in another country for her safety.

The current fragility of Brazilian democracy calls into question the political actors who defend the guidelines for the guarantee of human rights, with political violence being the engine of hate speech and the spread of false news. We witness with great concern that the Brazilian State fails to respond to complaints, and in cases where it is obliged to respond when triggered by the press or public hearings, it uses dubious statistics. The States’ failures are in addition to tokenizing women, black people, and the LGBTI+ community to forge the inclusion of diversity in their government. However, the lack of protective measures for these groups displays that security is insignificant to those in power to stop the structures that feed political violence.

After the dictatorial period of extreme political violence, the struggle for power remained marked by threats and attacks, all culminating in the assassination of Councilwoman Marielle Franco in 2018. However, it is important to note that political violence was also strategic for President Bolsonaro’s election who, after allegedly being stabbed, managed to mobilize the whole country around the incident. One can see how political violence is key for a government to establish and maintain the culture of fear and repression.

The politics created out of fear and insecurity is only effective when representatives of the most vulnerable population are prevented from exercising their mandates because they question the status quo, either because of their political platforms, or because of their black bodies that perform femineity. Thus, for a government that was consolidated at the polls due to political violence, this domino effect that led city councilor Benny Briolli to leave the country is only the tip of the iceberg of virtual attacks, gender violence and the silencing of a nation.

Within the Bosonarist era, the 2020 elections took place amid tensions of political and electoral threats. Although in 2020 the black movement achieved success in passing the racial criterion [1] for time division and political propaganda on the radio and television, hate speech on social networks gained strength. Moreover, according to a survey conducted by the organizations Terra de Direitos and Justiça Global [2], Brazil recorded an act of political violence every 72 hours in the last elections. The polarized political climate continues to naturalize violence as a coercive ‘weapon’ towards underrepresented groups.

The report, “Political and Electoral Violence in Brazil: An Overview of Human Rights Violations from 20016-2020”, organized by the institutions mentioned above presents striking data. For example, an average of 27 cases of attacks per years are experienced by those elected, as well as candidates. Councillors and mayors are among the political posts with the most registered cases, and as we have repeatedly denounced, the report confirms that proportionally women suffer more violence. The research “Mapping Political Violence Against Black Women” [3] conducted by the Marielle Franco Institute in partnership with Justiça Global and Terra de Direitos, centralized their focus on gender-based political violence. According to the report, about eight out of ten black women in the 2020 elections experienced virtual violence, six out of ten experienced moral and psychological violence, and five out of ten suffered from institutional violence.

According to the survey conducted by the National Association of Transvestites and Transsexuals (ANTRA) [4] of the transgender candidates throughout Brazil in the 2020 elections, about 50% of them were direct victims of threats, including death threats, invasion of their private environment, work, and political spaces. In addition, 38% faced online attacks, and 12% endured direct physical violence. Additionally, as reported by the survey, virtual platforms were drenched in “transphobic insults, intimidation of the trans condition as incapacitating for political positions, transphobic racism, delegitimization of the gender identity of the victims, malicious comments related to the transition and physical attributes (…), dissemination of candidates’ degrading fake news and coordinated invasions of virtual campaign activities to hinder their progress, creating an unsafe environment and, in some cases, interruption due to virtual security issues.”

To contribute to the dissemination of denouncements taking place in Brazil, we spoke with Gisele Barbieri, Advocacy Coordinator of Terra de Diretos, and with an individual responsible for the coordination of the research cited.

R & I – In the report prepared by Terra de Direitos, the framework of political- electoral violence already presents data that indicates growth from 2016 to 2020. The data became even more frightening after the Bolsonaro election, from 2018 onwards. In last year’s elections we saw an expansive increase in hate crimes, with threats and attacks on networks, especially against trans and black women. Given the government’s refusal to see and combat these crimes, do you think it is possible to see an end to the political-electoral violence against women in Brazil? If so, in what way?

Gisele Barbieri – Political violence, as we demonstrated in the survey carried out by Terra de Direitos and Justiça Global in 2020, carries several messages to and from society. Against women, this phenomenon exposes racism, misogynism, among other types of violence. Therefore, envisioning an end to violence will only be possible when resistance is seen as a necessary means to consolidate democracy. In addition, it is a serious violation of human rights, since these women already act in the defense of human rights when they assume their mandates, and yet are targets of constant violence. The responsibility to combat this violence lies not only with the government, but with society at large. In addition to revealing how violence delegitimizes the political agency of women, the research also points out that this violence occurs systematically and not only during electoral periods, but among political parties throughout Brazil. Using these analyses, we evaluate that the end of political violence will only occur when this phenomenon is accompanied, studied, combated, and punished through coordinated actions between various sectors of the State as indicated by Terra de Diretos e Justiça Global’s recommendations.

R & I – Black and trans women are fighting for greater political representation and, in the last elections, we had a record number of trans and black women elected for city council. Even with the support of society, exercising the mandates has been an arduous task. According to the Terra de Direitos and Justiça Global report, women account for 31% of the victim threats. Could you comment about gender violence within the specificities of political violence against trans and black women? How does it differ from political violence directed at other groups?

GB – The research conducted by the Marielle Franco Institute with the support of Terra de Direitos and Justiça Global draws together elements of how racism, which is structural in our society, also poses itself as the vector of violence against black women and trans political agents. This phenomenon for these women is present before, during, and after elections. These message to black and transgender women comes in the form of constant insults and threats, aimed at the elimination and dehumanization of these women by means of attacks ranging from the animalization of these women, insults about their hair and appearance, and even explicit death threats. Racism is the thread of systemic racial violence and hatred can murder the lives of these women at any point. This discourse is in the efforts to fortify representation in the political system, even though black women already represent almost 30% of the Brazilian population.

R & I – In Brazil, we have the recent case of Carolina Iara, who suffered a physical attack, but even so, her request for protection was denied by the city for being a co-councilor, and she was told to hire private security. The lack of protection for Marielle Franco is also a neglected case point. Moreover, the Human Rights Defenders Program does not protect them. Even through filing complaints, there is no response from the State. How do we best protect these women? [5]

GB – The fact that this violence is not monitored by the State creates an institutional gap on this subject. There is an urgent need to draw up a specific protection policy plan for the denouncements and victims when dealing with this type of violence. The National Program of Human Rights Defenders cannot respond to this phenomenon because, although it is directed at human rights defenders, it does not have the mechanism to address this specific type of violence. In cases of political violence, removing candidates from their mandate position to protect them is to comply with the will of the criminals who want to prevent them from exercising their political rights. This violence directly interferes with the democratic process and constitutes a very serious violation of human rights.

Given our work of incidence in Latin America, Race and Equality notes that the current political violence is one of the main factors of human rights violations in the region. Brazil, being a key country in political terms, must position itself and present effective strategies for respecting the lives of its parliamentarians and combating political violence. Therefore, we present the following recommendations to the Brazilian State:

  1. Security guarantee for cis and trans black parliamentarians with the implementation of policies aimed at combating gendered political violence, empowering public security agencies and judiciary and legislation to promote actions at a national level to combat such violence;
  2. Creation of specific legislation to prevent cyber-crimes and the consequent dissemination of fake news that has been one of the pillars for attacks related to political violence;
  3. Ratification of the Inter-American Convention Against all forms of Discrimination and Intolerance in order to punish and combat racism, as well as structural and institutional LGBTIfobia;
  4. Implementation of the Inter-American Convention against Racism before the Brazilian legislation to assemble anti-racist public policies.

 

 

[1] https://noticias.uol.com.br/eleicoes/2020/10/03/stf-divisao-verba-candidaturas-negras.htm

[2] http://terradedireitos.org.br/violencia-politica-e-eleitoral-no-brasil/

[3] https://www.violenciapolitica.org/

[4] https://antrabrasil.files.wordpress.com/2021/01/dossie-trans-2021-29jan2021.pdf

[5] The interview took place before the recent case of councilwoman Benny Briolli

Race and Equality condemns the Jacarezinho Massacre

Brasil, May 07 2021 – The International Institute on Race, Equality, and Human Rights (Race and Equality) condemns and rejects the excessive use of police force that resulted in the massacre of 25 people in the favela of Jacarezinho, in Rio de Janeiro, on May 6, 2021. Houses were raided, residents were assaulted, and airstrikes terrorized the entire community. This police operation marks the largest death toll that Rio de Janeiro has experienced. For all the human rights violated, we urge for the accountability of Governor Claudio Castro, along with the military police involved in the operation.

The city is tied to several massacres where its citizens are not protected. Historic massacres include: 1993, Vigário Geral (21 dead) and Candelária (8 dead); 2017, Alemão (19 dead) and, 2021 Jacarezinho (25 dead). Citizens were shot at a train and subway station; there is no security policy that can be explained by the crossfire and close-range shooting. There is no anti- drug policy that justifies the lethality of those who live in vulnerable situations. According to the Security Observatory Network (Rede Observatório de Segurança), in the first quarter of 2021 alone, there were 257 police operations, with 69 deaths in Rio de Janeiro. This tragic number of deaths was even after the trial of “ADPF Favelas.” Within this trial, the Supreme Court (STF) held a public hearing to discuss the ADPF, Allegation of Violation of a Fundamental Precept (Arguição de Descumprimento de Preceito Fundamental) Case No. 635, known as “ADPF Favelas.” The aim of the debate was to collect information that supports a plan to reduce police lethality in the state of Rio, including banning police operations during the pandemic.[1]

Race and Equality calls on the international community to demand justice in the face of the violence of a state whose death policy has executed youth and children living in the community. We emphasize to international human rights organizations that in Brazil, people whom the state considers as “suspects,” are those historically subjected to violence because of their race and class. Historical and structural racism play a role in the current security policy, with the black population suffering the most from police violence and representing the majority of the country’s prison population. We also remember that Governor Claudio Castro, in addition to failing to comply with the decision of the Supreme Court, caused the death of children. In Rio de Janeiro alone, from January to June last year, 99 children and adolescents were killed by police officers, 27% in the capital and 73% in other municipalities.

Read: The world needs to see what is happening in Brazil

We offer our solidarity to the entire community of Jacarezinho and to the families of the victims in the face of barbarism. A state that accounts for 45,000 deaths by COVID-19 while conducting a truculent police operation is the same as saying that it does not value the lives of its citizens. What lives really matter in the face of a policy of death? We remind you that to combat organized crime, we need strategy, intelligence, monitoring and coordinated actions. Violence cannot be combated with more violence! Carlos Quesada, Executive Director of Race and Equality, expresses his outrage and declares that the police action that took place today has several names: barbarism, massacre, slaughter– all directed to black, poor and favela bodies. We demand answers from the Public Ministry and the Justice Department about this operation where, once again, we are witnessing black youth genocide in Brazil!

[1] “Why the Supreme Court Suspends Police Operations in Favelas of Rio de Janeiro,” Conectas Human Rights (2020). Available here: https://www.conectas.org/en/news/understand-what-led-the-supreme-court-to-suspend-police-operations-in-rio-de-janeiros-favelas

Public Hearing on Political Violence in Brazil: Black Parliamentarians (cis and trans) urge the IACHR for Protection and Denounce the Negligence of the Brazilian State

Brazil, april 06, 2021 – In a hearing exclusively dedicated to denouncing the absence of political rights in Brazil, black councilors (cis and trans) and civil society organizations presented before the Inter-American Commission on Human Rights (IACHR). The presentation consisted of the current scene of violations of civil and political rights that afflict the security of several parliamentarians in the country. The hearing took place on March 23, in the context of the 179th calendar of virtual hearings of the IACHR, it was filed by the organizations: The National Association of Travestis and Transexuals of Brazil (ANTRA); Criola; Terra de Direitos; Marielle Franco Institute; Justiça Global, Rede Nacional de Negras e Negros LGBT, and The Institute of Race and Equality.

The following participated in the hearing: Erika Hilton (PSOL/SP); Ana Lúcia Martins (PT/SC) and Carolina Iara (PSOL/SP); representatives of civil society organizations included: Anielle Franco, Executive Director of the Marielle Franco Institute; and Bruna Benevides, Secretary of Political Articulation at ANTRA. Despite the discriminatory historical context that structures the Brazilian political scene, progress in relation to identity, anti-racist and anti-LGBTIphobic issues promoted the growth of parliamentary representation in the country’s legislative houses, provoking the existing system of hierarchical powers. However, the reactions of conservatives in political and social sectors, based on a culture of hatred, further foment the phenomenon of political and electoral violence in the country.

Given this framework of systemic persecution, Anielle Franco opened the debate denouncing how political violence is used as a tool to deprive black and trans women from exercising their political rights, which as a result prevents discussions on gender, race, and sexuality inequalities from taking place in political and institutional spaces. Moreover, Anielle exposed data on political violence during the 2020 elections, one of the most violent elections in recent years, which proves the escalation of political tension against black and trans parliamentarians in the country.

According to a survey by the Marielle Franco Institute [1], 98.5% of black candidates reported having suffered at least one type of political violence. The main violence was virtual, representing 80% of the total attacks suffered. In addition, only 32% of the candidates denounced the experiences they suffered, and among the reasons for not making the complaint public is the fact that they do not feel safe or are afraid to report the violence. In addition to not having support from the political party nor the police, among those who condemned the attacks, 70% said that it did not bring more security,

“There is an urgent need to promote mechanisms to tackle all forms of violence against black, transgender and travestis women, and to reorient existing policies in Brazil that today are still insufficient to guarantee their protection and their political rights,” Anielle concluded.

Parliamentary member, Ana Lúcia Martins, reported that sought protection through legal means, in addition to denouncing the threats on social network platforms, she did not receive any assistance or security from the state nor from her party. She had to bear the costs for her defense. Faced with negligence from the institutions, Ana Lúcia reported that almost nothing happened regarding the investigation of death threats and racist violations suffered. She continues to be a victim of political violence on social networks with messages that incite hatred and intolerance.

Ana Lúcia spoke before the IACHR, “We know that the State’s omission has an origin, the same that ignores the daily death of the black population of this country, whether by urban violence, lack of public policies to eliminate inequalities, racism that structure these inequalities, or by the hands of the State itself (…) Anielle Franco’s question has not yet been answered: Who guarantees the safety of black women elected?”

 Co-councilwoman Carolina Iara, who suffered an attack in her home in January of this year, was direct in her questioning: “What is the connection between these threats towards trans parliamentarians and to the 175 trans women and travestis murdered in Brazil in 2020? What is the connection between Brazil’s high number of deaths of human rights defenders and the threats we are suffering? Who’s going to restore the trauma I have now? What kind of country is this where in addition to being silent, the president, in numerous statements, encourages LGBTIphobia?”

Alluding to the memory of Marielle Franco, Carolina pointed out that she will not be a martyr of this systemic violence that finds black and trans bodies in a necropolitical framework, further trivializing death in the country. Thus, she reiterated that the Brazilian State has an obligation to ensure that all black and trans leaders live safely to take part in politics. Additionally, the responsibility of their security cannot be exclusively left to civil society or the party.

In her speech, Councilwoman Erika Hilton denounced the persecution of human rights defenders and the women elected as an attempt at silence. As councilwoman she recalled a threatening experience of an attempted break-in to her office, as well as the university where she studied the walls were vandalized, “with spray-painted expressions: woman, black, elected, dead. I started my mandate having to prosecute more than 50 people for racist and transphobic attacks. How can I carry out political functions without being guaranteed physical integrity?” she questioned.

With the task of reporting the recommendations to the IACHR, Bruna Benevides further exposed the situation of political violence, especially the negligence of the Ministry of Women, Family and Human Rights, which made no statement, action or mobilization around political violence against cis and trans black women. As an example, Bruna cited the bill [2] that aims to protect victims of political violence, but through the transphobic movement of parliamentarians aligned with the fallacious narrative of “gender ideology,” it prevented the extension of protection to trans and travestis parliamentarians.

Bruna reported, “We have also observed several attempts to institutionalize transphobia by assigning biological criteria for access to and guarantee of fundamental rights, denying the right to the recognition of self-declaration and gender identity of trans people in various projects at the federal, state and municipal level. This disregard is corroborated by the negligence and omission of the State in recognizing these political acts of violence, especially against those who do not make up the government base and who are the most affected by political violence.”

Brazilian State representatives sought to escape the complaints with insufficient responses to the demands requested during the hearing, reaffirming a negationist position in relation to racial, transphobic, and political violence that harm political rights and the lives of parliamentarians. Through evasive arguments, representatives avoided and minimized the phenomenon of political violence in the country, attributing the facts to a world context.

In reference to the complaints, the IACHR Commissioners requested explanations from the State. Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and against Racial Discrimination and Rapporteur on the Rights of Women, argued how the Brazilian State monitors cases of violence in the country, moreover she criticized the implementation in law of the Inter-American Convention against Racism, which was already approved by the Federal Senate.

In addition, Joel Hernández, Rapporteur for Brazil, concluded the hearing by emphasizing the importance of advancing women’s political rights and highlighting the State’s rejection in hearing allegations concerning political violence. In addition, Hernández stressed the necessity in observing the ways that virtual harassment operates in order to understand the exercise of political rights in Brazil.

In accordance with complaints cited during the hearing and aimed at guaranteeing the rights and protection of women who are part of the political body of the country, the following recommendations were delivered to the IACHR:

  • Instigate the Brazilian State to be in development with the legislative chambers, as well as in dialogue with the city council members and organs of the justice system. Create mechanisms for referrals and prompt treatment of allegations of political violence against black women- cis and trans/travestis, ensuring identification and accountability of perpetrators of violence and providing psychological support to victims, their advisors and family members;
  • Urge the Brazilian State to promote coordinated and integrated actions with specialized cyber-crime investigation police departments to hold perpetrators accountable and inhibit the use of online tools and platforms for attacks of political violence, in particular when driven by mass and deliberately sponsored professional structures;
  • Prompt the Brazilian State to guarantee the training of judiciary members, the Public Prosecutor’s Office, the Public Defender’s Office, the Law Office, and the civil and federal police to increase their awareness of political violence against black women, trans and travestis, racial and gender discrimination, hate speech, and create anti-racist legislation, victims’ rights, redress measures, among other topics;
  • Promote public hearings, debates and inter-sectoral discussions between public bodies and society on the impacts of political violence motivated by transphobia and issues related to the trans population;
  • Urge the Brazilian State to advance in its adoption of specific legislation on political violence against women with actions that include preventing, restraining and punishing this type of violence, with a specific look at black women, travestis and transexual peoples;
  • Carry out political tasks by listening to social movements and local civil society organizations to learn more about the current context of violations of the rights of black women, transexuals and travestis who are candidates and elected human rights defenders, with worsening situations of conflict. As well as present the perspectives of international standards that can contribute to the improvement of national protection policies;
  • Place pressure on the Brazilian State to expand the structure and budget of the program for the Protection of Human Rights Defenders under the Ministry of Women, Family and Human Rights, and the inclusion of candidates and parliamentarians in this program, in order to ensure the protection of human rights defenders and their free exercise of political rights;

 

Missed the public hearing? Watch the full video here: youtu.be/Uu-U3OIoh2I

[1] https://www.violenciapolitica.org/

[2]https://g1.globo.com/politica/noticia/2020/12/10/camara-aprova-lei-com-medidas-de-combate-a-violencia-politica-contra-mulheres.ghtml

The world needs to see what is happening in Brazil

After one year of a pandemic, Brazil is experiencing the worse moment of its democratic history with a crisis that is spreading to all spheres of power. On one hand, the health and economic sectors find themselves in a state of disaster, aggravated by uncertainty and government abandonment and gravely affecting the black community, women, LGBTI+ persons, indigenous people, and quilombolas. On the other hand, there is a political crisis orchestrated by the current government, which through the dissemination of false information, has found in the COVID-19 pandemic a strategic opportunity to increase its power through institutional means. Along with more than 322,000 lives lost, government ministries are succumbing to an authoritarian increase of orders and counter-orders from the Bolsonaro government, culminating in a wave of poverty and unprecedented violence.

The world needs to look at what is happening in Brazil. Latin America must look at what is happening in Brazil. This editorial letter is a call for help from the International Institute on Race, Equality, and Human Rights (Race and Equality) for the international community to take a look at Brazil and to hear that, while world leaders are planning how to end the pandemic in order to rebuild their countries, President Bolsonaro in Brazil has turned his population into a guinea pig and has made them hostage to a project to spread the virus in view of pursuing his own interests camouflaged in the salvationist rhetoric of “economic recovery”. What Bolsonaro did not include in his policy of death is that the political polarization aroused by his ruling base could collide with his plans for power. Since wherever there are extreme crises, there are human rights violations, we describe below some events caused by Bolsonaro’s governance and the tragedies affecting the country in an unprecedented manner.

Health crisis and pandemic – During the month of March 2021, the country for five consecutive days recorded a record high average of COVID-19 deaths reaching 3,950 deaths in 24 hours on the last day of the month. Even with a free public healthcare system that is a world reference, the hospital system collapsed due to presidential vetoes on protective measures which resulted in the absence of basic hospital and respiratory kits. Furthermore, government negligence concerning the pandemic continued on in the form of failed social distancing measures, encouraging mass gatherings, spreading of the virus in indigenous villages and quilombo, and encouraging the use medications without proven efficacy. Due to the absence of an effective vaccination plan, the country did not join the international pact against COVID-19 encouraged by the World Health Organization (WHO), remaining more and more isolated from the rest of the world. It must be remembered that the health crisis is the tip of the iceberg for generalized political instability.

Political and ministerial crisis – During the pandemic alone, the Bolsonaro government welcomed four different Health ministers: Luiz Henrique Mandetta, Nelson Teich, Eduardo Pazuello e, o atual, Marcelo Queiroga. Even those most in line with proposals from the ruling faction did not succeed making progress with the pandemic and, in the midst of constant conflict with a lack of public policy and a framework for a vaccination plan, all of them were criticized for their submission to the President and for lacking autonomy in the exercise of their duties. The current crisis leads Bolsonaro to having to negotiate with political parties in the center over positions important to the country’s public life so that his political plan is prioritized, leaving aside the social policies necessary for recovering from the social crisis that has exponentially struck the most vulnerable populations such as black and Indigenous people and quilombo residents.

Crisis in the Ministry of Foreign Affairs – Last week, the Brazilian Minister of Foreign Affairs resigned after intense political pressure from the National Congress and from his own ministry. Ernesto Araujo’s management is seen as a tragic period of Brazilian diplomacy. In the UN he was responsible for Brazil’s veto of the term “gender” in resolutions and for stances contrary to sexual education, which was seen as confrontational with women and the trans community. Moreover, Araujo accused the coronavirus of being an ideological virus that was working for the construction of a “communist nightmare” through encouraging countries to transfer their power to the World Health Organization. His conflictual attitude was accused of delaying Brazil’s purchase of vaccines and of not having established a diplomatic relationship with countries that could be important partners at a time when the pandemic is worsening in Brazil and when there is a shortage of vaccines and raw materials.

Military crisis and allusion to the dictatorship – In recent days, the Brazilian population has been gripped by a profound feeling of political uncertainty upon encountering a true military crisis characterized by a meeting of the Armed Forces. For the first time in the history of the country, the three chiefs of the Armed Forces tendered their resignations due to disagreements with the President of the Republic. According to experts, Bolsonaro was pressuring the Armed Forces to engage in political defense of the government and in support of measures against social distancing – a flagrant attempt at turning the Armed Forces into his personal institutions in order to defend his interests, demonstrating a crisis that generated collective fear for the country’s political future. This episode occurred the same week that marks the 57th anniversary of the beginning of the military dictatorship of business in Brazil, which was a bloody, antidemocratic period in which there were at least 434 people killed or disappeared and in which triumphed censorship, the repeal of civil rights, and the serious violation of human rights. Fifty-seven years later, the Ministry of Defense emphasized that the military regime period is a part of the trajectory of Brazilian history and should be celebrated. This attitude as well as Bolsonaro’s attempts to incite the Armed Forces to his defense should be rejected as harmful to process of redemocratizing Brazil.

Political violence – The 2020 electoral process was recorded as one of the most violent in recent years. It is not by accident that we organized together with other Brazilian black organizations and state council members (cis and trans) a thematic hearing at the Inter-American Human Rights Commission (IACHR) to report the worsening of political violence against these organizations and to demand their lives be protected. Victims of physical threats and/or online attacks, these State Council members  faced daily racist and transphobic hate speech without being afforded government protection. Uncoincidentally, 2020 was also marked by a considerable increase in the murder of trans people with 175 murders – 41.12% more than in 2019. The Brazilian government’s failure to act in the face of political and electoral violence directed at these groups exposes the fragility of Brazilian democracy, which due to the impunity of crimes spanning gender and racial violence, deprives black and trans women from exercising their political rights, threatening democracy in Brazil and covering up intersectional debate in institutions of power. Thus, the silencing of these women is reinforced in spheres of power.

Economic crisis: impoverishment of the population and unemployment – Brazil was removed from the UN Hunger Map in 2014. Nevertheless, due to the crisis’ exponential growth in the country, the estimate for the end of 2020 was that 14.7 million people or 7% of the population fell into extreme poverty because of the pandemic. The Brazilian population is living through a moment of extreme poverty due to the political and economic crisis that, because of disinterest in political coordination, deprives the population of assistance and fails to provide the means necessary for social distancing protocols to be respected through financial subsidies. Emergency assistance, which was around $600 Brazilian reals in the beginning of the pandemic, has not run out solely due to the fight led by civil society. Even so, after a significant decrease in 2021, the assistance now varies from $150 to $375 reals – an amount that does not take into account the price spike of basic staples and the minimum wage, much less the cost of gas cylinders which serves as the nutritional basis for thousands of families in the country. Even the financial speculation fostered by the Bolsonaro government, which spans from damaging large state corporations aiming for privatization to abandoning large multinational businesses in the country, is facing a permanent rollercoaster with the President’s changes in important offices in the land. The high unemployment rate witnessed a leap from 45% to 53% during the pandemic, causing latent growth of informal jobs without any guarantee of  rights and protections for workers who are primarily black. Analyzing the economic crisis in Brazil is to directly look at the country’s historical racial problems.

Police violence – Despite the decision of the Federal Supreme Court (STF) to suspend police raids in communities of Rio de Janeiro unless absolutely necessary while the state of disaster stemming from the COVID-19 pandemic is in effect, this is not the reality in Rio’s favelas according to the judgement of Claim 635 Violation of a Fundamental Principle (ADPF) since police violence in these areas still remains. Additionally, during the first two months of 2021, were reported nine massacres in police operations in the state. For this reason, the Public Prosecutor’s Office of Rio de Janeiro along with human rights defense entities petitioned that the STF speak up concerning the continuation of those police actions. It must be highlighted that such instability affects the pace of vaccination, which has had to be interrupted in the favelas because of shootouts. In Rio de Janeiro alone, from January to June 2020, 99 children and adolescents were killed by police, 27% in the capital and 73% in other municipalities. The report “The Color of Violence: the Bullet Does Not Miss its Target”, written by the Rede de Observatórios da Segurança (Network of Security Observatories), points to the data on racist violence in 2019. In Bahia, a state with a mostly black population, 97% of people murdered by police were black. In Rio de Janeiro, which has 51% of the black population, 86% of people killed by police were black people, the highest number in decades.

Environmental crisis – Even in his speech at the opening session of the 75th UN General Assembly, President Bolsonaro spread fake news about the government’s stance on the loosening of environmental guidelines during the pandemic. As a consequence, the Indigenous population and residents of quilombos suffer the most from deforestation and land-grabbing, in addition to the spread of the virus in their communities. Beyond not fulfilling any signed environmental agreement, the country will have to redo its climate goals in order to meet the Paris Agreement. If the Bolsonaro government does indeed have any environmental policy, it is compromised by political parties that seek to exploit protected natural reserves just as environment minister, Ricardo Salles, pointed out during a ministerial meeting when referring to “pushing through” simplifications of environmental rules and norms. Nevertheless, in 2020, between the deaths of various Indigenous leaders and human rights defenders in the fight against the pandemic and for the forest, an enormous increase was recorded in the deforestation of the Amazonian forest.

As part of Race and Equality’s commitment to the fight for human rights and racial and gender equity from an intersectional perspective, this editorial is more than a report before the international community on what is happening in Brazil. It is also a call for international actors who defend human rights to exhort the Brazilian State in its federal, state, and municipal jurisdictions to adopt distinct public policies that meet the specificities of black and Indigenous populations that are the most affected by hunger, poverty, and the domino effect of neglect, which is the political project that has become the pandemic in the country. It is also crucial that the racial problem be recognized as an aggravating factor of the inequalities that finds in policies and meritocratic projects, beyond the State’s failure to address police violence, the violent death and mass incarceration of the country’s black population. Furthermore, the government should adopt the WHO protocols to tackle the pandemic and, finally, it should urge the Armed Forces to respect the country’s civil and democratic order.

International Day of Trans Visibility: Honoring the struggle to protect and promote trans rights in the Americas

Washington, D.C.; March 29, 2021 – On the eve of International Day of Trans Visibility (March 31), the International Institute on Race, Equality and Human Rights (Race and Equality) honors the activists who work tirelessly to protect and promote the human rights of trans people in Latin America and the Caribbean. We also call upon all States to put in place laws and policies that ensure respect, recognition, and full enjoyment of rights for the region’s trans population.

Sadly, for yet another year, the Day of Trans Visibility will be marked by a lack of recognition and protection for trans people in the Americas, resulting in threats, physical and verbal attacks, persecution, exclusion, and the deaths of people with diverse gender expressions and/or identities. According to the international organization Trans Respect vs. Transphobia, of the 350 killings of trans people that were reported worldwide between October 1, 2019 and September 30, 2020, 82% took place in Latin America.

The COVID-19 pandemic worsened the already-vulnerable situation of trans people throughout 2020. Some governments failed to consider trans people’s needs when designing gender-based pandemic response measures, exposing trans citizens to sanctions for supposedly violating these measures. Meanwhile, both police violence and violent criminal attacks against trans people increased during the year, especially violence against trans women sex workers.

Despite this adverse context, however, activists and civil society organizations remain firm in their commitment to fight for trans people’s fundamental rights. Race and Equality applauds the trans community’s efforts throughout the region and is committed to providing support and technical assistance as civil society advocates before regional and international human rights bodies.

To commemorate International Day of Trans Visibility, Race and Equality spoke with activists from around the region about their work and about their visions for a just society. These activists spoke of great challenges, but also of the victories they have won and their dreams for the future.

Recognition and respect

The Brazilian journalist Caê Vasconcelos told us that society needs to learn to see trans men in their full and complex totality. Caê, himself a trans man, said, “we should be able to bring our whole life stories, experiences of life, struggle, love, care, and all the power that our trans bodies have.” He emphasized that a lack of knowledge of trans people’s experiences renders them invisible in Brazilian society. This invisibility manifests, for example, in a total lack of gynecological or pregnancy care for trans men. Making trans people’s needs visible is a vital step to honoring their existence and ensuring their rights as full citizens.

This invisibility also results in transphobia and violence against trans people as Brazil’s cis-heteronormative structures lash out against those who are different. As the National Association of Travestis[1] and Transsexual People (ANTRA) reported in their Dossier on Homicides and Violence against  Travestis and Transsexual People in Brazil (2020), some conservative ideologies and political sectors encourage this hatred, leading to Brazil’s status as the country with the most murders of trans people.

In Nicaragua, the human rights activist and former political prisoner Victoria Obando sums up the trans movement’s demands as, “Stop killing us.” Recently, Nicaragua’s LGBT community was horrified by the brutal murder of Anahís “Lala” Contreras, a 22-year-old trans women who was beaten by two men and dragged behind a horse. For Victoria, such a grotesque act reveals the levels of violence and exclusion facing trans people in Nicaragua.

The case of Celia Cruz is indicative of the arbitrary persecution and criminalization that trans Nicaraguans have suffered at the hands of their government throughout the socio-political crisis that began in April 2018. Celia, a trans woman, has been held in a men’s prison since April 21, 2020, where she is serving a 10-year sentence after being convicted of obstruction of justice and kidnapping for ransom.

Tomás Anzola, coordinator of the Trans Support and Action Group (GAAT) in Colombia, told Race and Equality that he wishes “for trans people to be able to construct our own identities and bodily experiences in loving and safe environments, in the company of our support networks.” In Colombia, the COVID-19 pandemic has resulted in increased violence against trans people, with 28 trans people (27 women and 1 man) killed in 2020 and 6 already killed in 2021.

As Colombian society debates the decriminalization of abortion, several trans organizations have spoken out about the need to ensure that reproductive rights extend to trans Colombians, emphasizing that denying such rights to trans people denies their very identities. These organizations are also demanding reforms to the National Police after an attack against a trans woman in Soacha (Cundinamarca department) in which police officers insulted, attacked, and sexually abused her.

Colombia’s trans activists and organizations make clear that Colombia has not yet implemented effective public policies guaranteeing full recognition and enjoyment of trans people’s rights. This failure, they emphasize, leaves trans people highly vulnerable to prejudice and violence.

Living without fear

Isabella Fernández, an activist with the Peruvian organization Féminas, told Race and Equality that above all, she wishes for trans people to be able to grow up in homes free of violence and discrimination. Worldwide, trans people and others with diverse gender expressions and/or identities frequently leave home after being rejected by their families, putting them at risk of violence and other harm.

In Peru, organizations fighting for LGBT rights are working towards a national law on gender identity, seeking to ensure that trans people can have their genders recognized by public and private institutions. Currently, those whose genders do not correspond with their civil registrations or identity documents struggle to access health services, education, jobs, and housing.

The Dominican activist Geisha Collins, part of the organization Trans Siempre Amigas (Trans Always Friends, or TRANSSA) shared with us that trans women must have access to identity documents that reflect their genders, which is why TRANSSA is fighting for a gender identity law in the Dominican Republic. Geisha also works to fulfill trans Dominicans’ right to health services that reflect their needs and for access to education, work, and the justice system without discrimination.

TRANSSA is also leading a national campaign for the General Law on Equality and Non-discrimination, which will put into practice the guarantees of Article 39 of the Dominican Constitution. The draft law includes sexual orientation and gender identity as protected categories, outlawing “the denial of the right to enjoy a gender identity of one’s choosing,” which in turn “implies the right to reassign one’s gender or image on public documents.”

Race and Equality laments the lack of recognition for trans people on the part of States and societies in Latin America and the Caribbean, which in turn leads to violence and human rights violations. We support the demands of trans activists and organizations across the region and call on States to respect and protect all people’s human rights, without regard for their sexual orientation or gender identity and/or expression. We recommend the following steps to governments across the region:

  • Approve gender identity laws that allow trans people to exercise their citizenship under the correct gender without obstacles or delay, as called for in Consultative Opinion 24-17 of the Inter-American Court of Human Rights.
  • Strengthen programs to train public servants, including the police and judiciary, on gender identity and trans issues.
  • Investigate and sanction all acts of violence against trans people, guaranteeing protection and respect to trans people throughout the process.
  • Implement public education and awareness-raising campaigns to promote respect for LGBTI people and their rights.
  • Create specific public health protocols for attending to trans people and people with diverse gender identities and/or expressions.
  • Collect and publish disaggregated data on violence against LGBTI people, using an intersectional approach.
  • Sign and ratify the Inter-American Convention against All Forms of Discrimination.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

International Day for the Elimination of Racial Discrimination: Afro-descendants call on States to address COVID-19 through inclusive and effective public policies

Washington, D.C., March 19, 2021.– One year after the arrival of COVID-19 to the Americas, the pandemic continues to impact the region’s Afro-descendant population in distinct and disproportionate ways. As we approach International Day for the Elimination of Racial Discrimination (March 21), the International Institute on Race, Equality and Human Rights (Race and Equality) calls on States across the region to tackle the pandemic with public policies that account for this differential impact and guarantee economic recovery for all.

In our work defending and promoting human rights across Latin America and the Caribbean alongside historically marginalized groups such as Afro-descendants, we have tracked the pandemic’s impact on vulnerable populations and studied government responses across the region. According to the UN Economic Commission for Latin America and the Caribbean, the region’s 130 million Afro-descendants make up 21% of the total population.

Different conditions, different impacts

COVID-19’s distinct and disproportionate impact on Afro-descendants is rooted in the structural racism, structural discrimination, and exclusion from which Afro-descendants were suffering before the pandemic due to both actions and omissions by regional governments. From the very beginning of the pandemic, this marginalization manifested as a lack of information in Afro-descendant communities about how to prevent infection and serious difficulties in accessing national health systems for those infected. Over the course of the pandemic, a surge of violence in countries such as Brazil and Colombia, perpetrated by both the police and criminal groups, has further threatened Afro-descendants’ rights.

Other than Brazil, no country has issued official statistics on how many Afro-descendants have contracted or died from COVID-19. Civil society organizations, however, have continued to document the inequalities facing Afro-descendants throughout the pandemic. In August 2020, Race and Equality published a report addressing the situation of Afro-descendants during the pandemic. Paola Yáñez, regional coordinators of the Network of Afro-Latina, Afro-Caribbean, and Disapora Women, is quoted in the report as saying, “COVID-19 doesn’t discriminate, but we feel its effects in distinct ways because we don’t live in the same conditions.”

A regional view

Race and Equality’s partner organizations in the region emphasize that Afro-descendants began the pandemic in a situation of particular risk due to the discrimination and exclusion shaping their lives. When the pandemic took hold, government responses were generally inadequate and failed to account for the particular situations of Afro-descendant communities.

In Brazil, where President Jair Bolsonaro continues to deny the severity of the pandemic, Afro-descendants represent 67% of those who rely on the public health system. The majority of Brazilians who suffer from diabetes, tuberculosis, hypertension, and chronic kidney issues, all of which are aggravating factors for COVID-19, are also of African descent. According to the Brazilian Institute on Geography and Population, the COVID mortality rate for Afro-Brazilians has been 92 deaths per 100,000 people, while for the white population it has been 88 per 100,000.

In Colombia, Afro-descendant organizations have raised the alarm regarding their communities’ vulnerability to the pandemic, stemming from poor coverage by the public health and social security systems in majority-Afro-descendant areas. In cities such as Buenaventura (Valle de Cauca department) and Quidbó (Chocó department), the local hospital attends to 400,000 to 500,000 people without sufficient personnel or resources.

The Cuban government has used policies to prevent the spread of COVID-19 as a cover for police actions that prevent human rights defenders from carrying out their work. Members of the Citizens’ Committee for Racial Integration (CIR), for example, have suffered arbitrary detentions, police raids, and attacks throughout their campaign demanding that the government implement its touted National Program Against Racism and Racial Discrimination.

In Nicaragua, the impact of the pandemic is largely unknown due to the government’s refusal to publish thorough and timely statistical reports. Afro-descendant and indigenous populations on the Caribbean coast, however, entered the pandemic in a situation of extreme precarity due to violent land invasions and a lack of health and education services. Their vulnerability to the pandemic has only worsened due to the impact of hurricanes Eta and Iota in November 2020.

In Mexico and Peru, both of which are among the hardest-hit countries in the region and the world, Afro-descendant communities have faced particular challenges. In Mexico, the 2020 census-which, thanks to the efforts of Afro-Mexican activists, was the first to include self-identification of Afro-Mexicans-coincided with the pandemic and was severely limited. In Peru, the official response to the pandemic was hampered by a political crisis stemming from the removal of President Martín Vizcarra.

The Convention against Racism is more important than ever

As we approach International Day for the Elimination of Racial Discrimination, and in the context of the International Decade for People of African Descent, Race and Equality calls on all States to adopt the necessary measures to fight racism, racial discrimination, xenophobia, and the intersecting forms of intolerance that afflict people of African descent. These measures include legal reforms, the adoption of international instruments, and the implementation of effective policies.

Race and Equality continues to call upon States to ratify the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance. The Convention represents an effective and comprehensive framework for guaranteeing the enjoyment of economic, social, cultural, civil, and political rights of Afro-descendant people. To date, only Antigua and Barbuda, Costa Rica, Ecuador, Mexico, Uruguay, and Brazil (as of February of this year) have ratified the Convention. Brazilian civil society organizations continue to work to ensure that the Convention is implemented.

Race and Equality calls upon States to:

  • Undertake public policies that combat structural racism and racial discrimination against Afro-descendant people.
  • Improve national health, employment, and educations systems, including by eliminating the gulf between urban and rural areas.
  • Prioritize Afro-descendant and indigenous communities in post-pandemic economic recovery plans.
  • Incorporate particular efforts to address Afro-descendants into emergency response plans. These efforts should respect Afro-descendants’ right to free, prior, and informed consent; account for intersectional human rights issues; and address the needs of vulnerable populations such as children, women, displaced people, migrants, and LGBTI people.
  • Create permanent programs to collect accurate, detailed, and disaggregated data on health, education, employment, and access to justice.

Alongside international experts and Latin American civil society leaders, Race and Equality publishes a new report, “CEDAW and its Impact on Women’s Lives: an intersectional approach”

Washington, D.C., March 5, 2021.- In the lead-up to International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar on Thursday, March 4th to launch the report “CEDAW and its Impact on Women’s Lives: an intersectional approach.” Representatives from organizations that defend the rights of Afro-descendant and LGBT women served as panelists alongside Gladys Acosta, president of the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Marisa Hutchinson, program official at International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific); Janaina Oliveira, national director for LGBT issues of the Workers’ Party (PT) in Brazil; Laritza Diversent, director of the Cuban-American NGO Cubalex; María Vélez, coordinator of the Casa Afirmativa project operated by the Colombian organization Caribe Afirmativo; and Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis[1] and Transsexual People, all spoke on the panel about the impact of CEDAW and the challenges still facing its work. Cecilia Ramírez, an Afro-Peruvian activist with the Peruvian Center for Black Women’s Development, served as the moderator.

Race and Equality’s executive director, Carlos Quesada, gave the opening remarks. Melissa Monroy, the report’s author and an advisor on women’s rights at Race and Equality, presented the report, which analyzes CEDAW’s impact in Brazil, Colombia, Cuba, the Dominican Republic, Mexico, Nicaragua, and Peru.

The report

In her presentation, Monroy explained that the report analyzes the dialogue among state parties, civil society, and the CEDAW committee that results in the committee’s reports and recommendations. The report pays particular attention to the representation and participation of Afro-descendant women, including Afro-descendant LGBT women, in this dialogue.

The analysis drew upon a thorough review of states’ reports to CEDAW and of CEDAW’s recommendations between 2010 and 2020. Monroy also interviewed civil society activists and leaders to understand their place in the CEDAW process and their perspectives on its impact.

“The actions of CEDAW, civil society, and state parties are all interconnected. More participation from diverse Afro-descendant women is needed in all three spheres for their voices to be heard effectively,” she remarked, noting that the report includes recommendations to the Committee, civil society, and states to improve their approach to Afro-descendant women’s rights.

The evolution of CEDAW

 CEDAW president Gladys Acosta acknowledged the lack of representation and participation of Afro-descendant women in the CEDAW process while assuring the audience that since the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979, the Committee has undergone several reforms as society’s understanding of women’s rights has evolved. For example, she explained, the Committee has moved from focusing on “violence against women” to “gender-based violence” as the latter term gains acceptance among experts.

“This is not just a conceptual change, this is a historical evolution brought about by struggle and activism. Struggle comes before advances in laws: first there is a struggle and later on national and international institutions recognize the change. These standards are elastic; they expand as social consciousness expands, so we may have said one thing in 1980, but today things are different. There is a broader understanding of what constitutes a human rights violation,” Acosta explained.

To give another example, Acosta referred to the concept of intersectionality, saying that it has helped to fulfill the Universal Declaration of Human Rights’ affirmation that all people are born free and equal in dignity and rights. “The Declaration establishes all people on equal footing, but for thousands of reasons we have delayed in arriving to this vision,” she stated.

“All this is in motion, it is not static, and the visibility that civil society brings to new issues is noticed – not only by CEDAW, but in all the UN treaty bodies. We are trying to create an understanding of human rights that is comprehensive, more specific, and more suited to protecting vulnerable people,” Acosta added.

An intersectional discussion of discrimination

 The panel’s civil society representatives drew on their experience working to defend and promote women’s rights to discuss how discrimination and violence are manifested in the lives of Afro-descendant and LGBT women.

“When I think about intersectionality, I first think about what it means to be a Black woman. We experience discrimination because of race or sexual orientation, because for a lesbian or trans Black woman, all your life experiences come to one point, which is your racial difference. This has a major impact on our experience with discrimination,” said Marisa Hutchinson, program official at IWRAW Asia Pacific.

Janaina Oliveira, national director for LGBTI issues of the Brazilian Workers’ Party, emphasized that not all public policies supposedly aimed at advancing women’s rights will improve the situation of Afro-descendant or LGBT women, especially in a country like Brazil, where the government of President Jair Bolsonaro denies the extent and impact of racism: “You can see this when we launch campaigns to fight violence against women, and there is a reduction in rates of violence only against non-Black women. State policies in favor of women don’t mean that the policies will reach the most vulnerable groups.”

Laritza Diversent, director of Cubalex, explained that in Cuba, Afro-descendant women suffer constant discrimination and violence at the hands of the authorities, including racial profiling by police who assume that Black women are involved in illegal sex work. “They assume Black women are more sexual and think that we try to go after tourists, so we are constantly being watched by police. During the pandemic, state violence against Black women has worsened,” she said, mentioning that the concept of intersectionality has not been mainstreamed in Cuba’s independent civil society, making it difficult to use an intersectional lens to gather and report data.

María Vélez of Caribe Afirmativo pointed out, “Lesbian, bisexual, and trans Black women experience life in racialized bodies, so we experience discrimination for our sexual orientation or gender identity differently than white LGBT women do. We experience it in an environment where racism against us is ingrained socially, economically, even religiously. Intersectionality requires us to think about racial, gender, and class oppression and how they are interrelated. This is how we can understand the inequality that we experience.”

The panel closed with remarks from Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis and Transsexual People, who warned of serious discrimination facing LGBTI people in Brazil. “We are the population that suffers the most hate crimes. This brutality must stop, it must be combatted – the situation must change,” she insisted.

At Race and Equality, we are committed to practicing intersectionality across our programs defending and promoting human rights, including the rights of Afro-descendant and LGBTI people. We hope that this new report will contribute to civil society’s understanding of intersectionality, its role in the fight against discrimination, and how to incorporate it into national, regional, and international policies for human rights.

The Spanish version of the report can be found here. English and Portuguese translations will be available soon.

The recording of the webinar can be found here.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

Race and Equality celebrates Brazil’s ratification of the Inter-American Convention against Racism

Brazil, February 19th, 2021 – The International Institute on Race, Equality and Human Rights (Race and Equality) congratulates the Brazilian State for its ratification  of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance [1], originally signed by the member countries of the Organization of American States (OAS) in Guatemala in 2013 [2]. The Brazilian Senate’s ratification of the Convention marks a major achievement for the Afro-Brazilian movement, which has fought for the adoption and strengthening of the Convention for over 20 years. In signing and ratifying the convention, Brazil has committed to fighting intolerance and racism, presenting an opportunity to break with the racism ingrained in Brazilian society.

With its ratification, the Convention gains the status of a constitutional amendment in Brazil, allowing laws which go against its statutes to be challenged in court. These potential challenges represent a new path for anti-racist discourse and activism in the country. Aligning domestic legislation with human rights standards is of paramount importance in the fight to end, prevent, and punish racism and discrimination. It is noteworthy that in Article 5, Subsection 42, the Brazilian Constitution makes the crime of racism ineligible for bail and exempt from a statute of limitations. In Article 3, Subsection 4, the Constitution rejects prejudice and other forms of discrimination.

Lúcia Xavier, General Coordinator of the Brazilian organization Criola, welcomes Brazil’s ratification of the Convention, telling Race and Equality that the Convention now represents a fundamental instrument for promoting the rights of Afro-Brazilians, especially Afro-Brazilian women, amidst attacks on human rights and the continuing effects of COVID-19 in Brazil. “While conservative governments are advancing against rights, the Convention will mean having more instruments for human rights and  strengthening the regional human rights system itself. It will be a fundamental political instrument going forward to confront racism in Brazil and in the region,” she remarked.

“Now that it has been ratified by Brazil and consolidated in our legislation, the Convention reinforces the effort that the Afro-descendant and Afro women’s movements have been making for years to definitively eradicate racism – especially institutionalized racism, that which does not consist of laws, rules, or policies, but is implemented by the State in all its instances, every day. So, the possibility of having this instrument against the conservative attacks that the current Brazilian government is making on the Black population is very good,” Lúcia Xavier, General Coordinator, Criola. 

Carlos Quesada, Executive Director of Race and Equality, commented that in Brazil, there are many forms of racism which are hidden at first glance, but can be found in the high levels of violence facing the Black population and in unequal access to the labor market, housing, health, and education. “Given the historical circumstances of Brazil, starting with the fact that Brazil is the country with the most Afro-descendant people outside Africa and a country whose Black population faces serious discrimination and the erasure of their human rights, the ratification of this agreement opens more possibilities for tackling and undoing structural racism”, explained. 

In Brazil, structural and systematic racism is evident in the statistics regarding incarceration, poverty, and suicide among Afro-Brazilians. These outcomes reveal institutional racism throughout social and legal structures, including many public institutions that are historically rooted in efforts to maintain privileges through exclusion and marginalization. The Convention will allow activists to challenge these structures and pursue democratization of rights through public policies oriented towards social justice.

Lívia Casseres, a lawyer with the Public Defender’s Office of the State of Rio de Janeiro, was a leader in the effort to ratify the Convention. She recalls that Brazil played a leading role in urging other OAS members to draft and sign the Convention. She believes that this leadership is a testament to the work of the Afro-Brazilian movement. “It’s a Convention that attacks indirect discrimination and provides for the prohibition of public policies with discriminatory impacts,” she explained.

“We have for the first time a legal document with the capacity to face the complexity of the phenomenon of racism. It is a great advance, because it is a Convention that has much more sophisticated and refined legal elements, capable of accounting for the complexities of racism that we were unable to fully address with the legal framework that existed before ratification.” Lívia Casseres, Public Defender of the State of Rio de Janeiro.

With the Convention now ratified, Race and Equality emphasizes that the implementation of the Convention must take place in consultation with civil society. Article 15, Paragraphs 4 and 5 of the Convention call for each State Party to appoint an independent expert tasked with monitoring the commitments made in the Convention. In addition, a committee should be created to exchange ideas and review the progress made by State Parties in their implementation [3]. Consultations with civil society are an opportunity for the State to dialogue with different sectors of society, especially with the Afro-Brazilian population, so that the challenges in the fight against racism can be addressed.

Faced with this conjuncture of new possibilities to combat racism, Race and Equality celebrates the work of the Afro-Brazilian movement in the struggle for the approval and ratification of the Convention. We are committed to strengthening this movement and contributing to the anti-racism and human rights struggles of Afro-Brazilians. We recognize the great importance of this agreement for repaying the social debt owed to Afro-Brazilians and for improving the lives of Afro-descendants facing great vulnerability across the country. We recommend that the State of Brazil:

1 – Implement the articles of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance in consultation with different sectors of civil society, especially in dialogue with Afro-Brazilian movement;

2 – Formulate a plan so that the legislative, executive, and judicial branches can each implement actions for immediate compliance with the Convention;

3 – Create public policies that punish racist acts and repair structural racism with a view to promoting equality and affirmative action in the areas of ​​health, work, well-being, education, and political participation.

 

[1] https://g1.globo.com/politica/noticia/2021/02/10/senado-aprova-projeto-que-ratifica-texto-da-convencao-interamericana-erca-o-racismo.ghtml

[2] and [3] https://www.cut.org.br/system/uploads/ck/files/interamericantreatiesA-68ConvencaoInteramericanaracismoPOR.pdf

 

 

Race and Equality publishes the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” in English

The International Institute on Race, Equality and Human Rights (Race and Equality) is pleased to announce that the English version of the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” is now available on the organization’s website. Originally launched in Brazil in November 2020, the report documents human rights violations against the Brazilian Afro-LGBTI population, highlights a lack of official data on this crucial subject, and calls on Brazilian society to recognize the communities’ particular struggles and demands. The dossier features a preface written by the UN Independent Expert on Sexual Orietation and Gender Identity (IE-SOGI), Victor Madrigal-Borloz.

About the dossier:

In response to constant reports of human rights violations against Afro-LGBTI Brazilians and to a lack of data about their situation, Race and Equality conducted a thorough investigation, meeting with civil society organizations and focus groups to discuss the systematic injustices plaguing this community. The dossier includes chapters on the murders of LGBTI people, access to justice, police violence, access to health, access to education, and access to work. The dossier demonstrates that structural racism in Brazil leads to public discussions of LGBTI rights that neglect the issues of race and racism, rendering the Afro-LGBTI population invisible. As a result, systematic racism continues to produce inequalities and harm Afro-LGBTI Brazilians’ chances for a decent and dignified life.

Isaac Porto, author of the report, highlights the urgent need to incorporate race into Brazil’s dialogue on LGBTI rights. In Brazil, the national myth of “racial democracy,” which presents white Brazilians’ perspectives and values as universal, has resulted in Afro-Brazilians being silenced and marginalized in all spheres, including the LGBTI community. Porto points out that the disparities between white and Afro-Brazilian LGBTI people’s experiences become even more stark when examining the experiences of trans Brazilians. According to Porto,

“It is clear that Afro-LGBTI people are the population most impacted by murder in Brazil, are the hardest-hit by police violence, and face the greatest difficulties in accessing justice, health, education, and work. It is essential to strengthen Brazilian organizations and activists so that they can raise awareness about the human rights situation of LGBTI Brazilians and about their own work to combat the myriad and perverse violations of their rights.”

Based on the findings of Race and Equality’s research, including extensive feedback from LGBTI civil society organization, the dossier concludes with a series of recommendations for the Brazilian State, international human rights organizations, civil society, and government agencies. Among them are highlighted:

1 – Ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and ratification of the Inter-American Convention Against All Forms of Discrimination and Intolerance.

2 – The creation of a concrete plan to combat LGBTI-phobic violence in Brazil, including an intersectional approach that will combat the racist and LGBTI-phobic violence against Afro-Brazilians.

3 – Initiatives from the Ministry of Labor to combat discrimination against Afro-LGBTI workers in hiring, promotion, pay, and working conditions.

4 – Commitments from all relevant stakeholders to support civil society organizations as they work to document the murders of LGBTI people, assurances that these organizations will not face unnecessary bureaucratic obstacles, and respect for their work from the government.

Download the dossier in English: Link

View a recording of the dossier’s launch, featuring speakers from Brazilian civil society: http://bit.ly/350lGF5

 

Human Rights Day: Continuing on the path towards human rights for all

Washington, D.C.; December 10, 2020.- 72 years after the United Nations General Assembly adopted the Universal Declaration of Human Rights, the world has not yet achieved the full guarantee and enjoyment of each person’s inherent rights. In Latin America and the Caribbean, structures that contribute to human rights violations, particularly violations against historically marginalized populations, remain persistent and in some cases are worsening.

This December 10th, the International Institute on Race, Equality and Human Rights (Race and Equality) joins the international celebration of Human Rights Day by reviewing the human rights situation across the region, particularly the countries where we partner with civil society: Brazil, Colombia, Cuba, the Dominican Republic, Nicaragua, Mexico, Panama, and Peru.

The killing of George Floyd

Race and Equality added our voice to the global outrage sparked by the killing of George Floyd, a Black U.S. citizen, at the hands four white police officers in Minneapolis, Minnesota on May 25th. Video of the tragedy on social media sparked indignation and a re-examination of the realities of racism and police brutality in the U.S.

We were heartened by the rapid and forceful response of the international human rights protection system to this travesty, including the June 17th Urgent Debate of the United Nations Human Rights Council on “the current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest” and the adoption of Human Rights Council Resolution 43/1. We are concerned, however, at the lack of follow-up effort to strengthen the various international human rights mechanisms’ ability to monitor States’ compliance with their obligations in this regard.

COVID-19: a multiplier of inequality

The COVID-19 pandemic has made it clearer than ever that economic inequality and inequality in access to health and education have deadly consequences across the region. It has also made clear that when States fail to design public policies with an intersectional approach, indigenous, Afro-descendant, and LGBTI populations who have suffered historical marginalization and discrimination are the hardest-hit.

In Brazil, for example, the Afro-Brazilian population has seen its most fundamental right to life threatened by the denialism of President Jair Bolsonaro’s administration. Afro-Brazilians have been the population most negatively impacted by the current government’s refusal to implement proper public health measures. During the most critical months of the pandemic, Brazilian women were murdered at a rate of one every nine hours. Of these victims, 73% were Afro-descendant women.

Discrimination for reasons of sexual orientation and gender identity has also manifested itself in the context of COVID-19. In Colombia, a trans woman and sex worker named Alejandra Monocuco died in late May after medical personnel refused to give her emergency care. The personnel, who had been called by Alejandra’s companions when she suddenly became unable to breathe, refused to approach her when they learned that she was HIV-positive and told her companions that she must have been suffering an “overdose.”

The COVID-19 pandemic has coincided with the 2020 Census in Mexico, a situation that Afro-Mexican activists fear has affected census-takers’ ability to collect trustworthy data on the Afro-descendant population. Particularly in parts of Mexico not normally thought of as Afro-Mexican population centers, low rates of self-identification among Afro-descendants can lead to undercounting.

Anti-LGBTI violence and hatred

Latin America continues to be the region with the most murders of trans people. In Brazil, where the current government continues to tolerate and encourage LGBTI-phobia, 151 trans people have been murdered this year. In Colombia, Race and Equality has worked with our grassroots partners to record 65 incidents of discrimination, harassment, assault, and murder against people with diverse sexual orientations and/or gender identities.

The refusal to recognize LGBTI people’s rights and respond to their demands for justice is concerning across the region. In Peru, for example, the Constitutional Court rejected Óscar Ugarteche’s effort to have his marriage to his husband Fidel Aroche, celebrated in Mexico in 2010, inscribed in the National Civil Registry. Peru also failed to account for the rights of trans and non-binary people when it implemented its quarantine policy known as pico y género,[1] leading to acts of discrimination against this population.

In Panama, civil society continues to demand that the government introduce a law legalizing marriage equality for legislative debate, while LGBTI organizations in the Dominican Republic are leading a campaign for a Law on Equality and Non-Discrimination to protect the rights of Afro-descendant and LGBTI people.

Human rights defenders continue to be murdered

Four years after the historic Final Peace Accords ended more than 50 years of armed conflict between the Colombian government and the FARC rebels, the country is suffering one of the worst periods of violence in recent memory. The rise in violence is attributable to attacks against social leaders, human rights defenders, and ex-combatants participating in the peace program and to violent murders of civilians, such as the August 11th murder of five Young Afro-Colombian men in the Llano Verde neighborhood of Cali.

According to the Ideas for Peace Foundation (Indepaz), 287 murders of rights defenders have taken place this year as of December 7th. Indepaz reports that 688 such murders have taken place during the current administration of President Ivan Duque and a total of 1,086 have occurred since the signing of the Peace Accords. Colombian civil society continues to call for an urgent response on the part of the State, but President Duque’s government persists in prioritizing its own policy of “Peace with Legality” above the implementation of the Accords. This policy neglects vital elements of building sustainable peace, particularly women’s rights and the rights of ethnic minorities, which had been enshrined in the Accords’ groundbreaking “Ethnic Chapter.”

Repression of civil society

In Cuba, repression of activists, journalists, artists, and human rights defenders has increased as the government uses the COVID-19 pandemic as a pretext for restricting the activities of independent civil society. Short-term detentions, raids and searches, confiscations of property, summary trials, and arbitrary criminal charges such as “contempt” or “public disorder” are all wielded against civil society leaders.

In Nicaragua, where the human rights crisis of April 2018 has not yet abated, authorities continue to persecute those who dissent from the current government. In the context of a public health and economic crisis sparked by COVID-19, this repression severely harms Nicaraguans’ fundamental rights. Currently, 109 people remain behind bars as political prisoners stemming from protests. Two recent laws (the Law on Foreign Agents and the Special La won Cybercrime) and the recent effort to punish “hate crimes” with life imprisonment pose acute threats to the freedoms of association, assembly, and expression.

Nicaraguan authorities continue to wield repression against those who demand accountability and respect for human rights. Along with their families, these rights defenders are threatened, monitored, and at times prevented from moving freely by the police. Meanwhile, an average of 40 violations of freedom of the press, including both physical attacks and persecution in the courts, are recorded each month.

On International Human Rights Day, Race and Equality reaffirms our commitment to building the capacities of in-country organizations to document human rights violations, defend their rights before the Inter-American and United Nations human rights systems, and advocate for reforms that will lead to the full enjoyment of human rights for all, without discrimination. We call upon all States to comply with their obligations to protect and promote human rights, obligations that are more pressing during the COVID-19 pandemic than ever.

We commit to continue our work advancing human rights for all people in the countries where we work, regardless of their race, sex, gender, sexual orientation, gender identity, or political beliefs. We salute the efforts of the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights, the United Nations Human Rights Council, the UN treaty bodies, and the special procedures of the UN human rights system, and express our hope that they will remain steadfast in their work.

 

[1] Pico y género, which was also implemented in other parts of the region, called for women and men to leave the house on alternating days

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