Race & Equality Participates in the 169th Period of Public Hearings of the Inter-American Commission on Human Rights with Organizations from Colombia, Cuba, and Nicaragua

Race & Equality Participates in the 169th Period of Public Hearings of the Inter-American Commission on Human Rights with Organizations from Colombia, Cuba, and Nicaragua

Washington, D.C. September 24. Together with more than 20 organizations, the International Institute on Race, Equality, and Human Rights will participate October 1-5 in the 169th Period of Public Hearings held by the Inter-American Commission on Human Rights (IACHR) at the University of Colorado in the city of Boulder in the United States.

During the period of sessions, Race & Equality will participate in three (3) public hearings requested by organizations from Colombia, Cuba, and Nicaragua by speaking on the state of human rights in each of these countries to rapporteurs of the IACHR and international community.  In the case of Cuba and Nicaragua, the hearings are aimed at presenting cases of criminalization and repression of activists, journalists, [and] human rights defenders by the national governments of their countries in the midst of the political crises unleashed [and ongoing] to date.  In the case of Colombia, the hearing is aimed at describing and denouncing the state of human rights of the Afro-Colombian people.

The Inter-American Commission holds several periods of sessions each year, in which hundreds of human rights defenders from the region participate, along with delegations from the States comprised of high-level authorities in the field of human rights [and] academics, among others.  In accordance with what is established by Article 68 of IACHR Regulations, the hearings are public and interested parties can freely attend without the need to register beforehand.  The hearings are broadcast online in several languages on the official IACHR website.

Below we present the schedule of the public hearings on Colombia, Cuba, and Nicaragua in which Race & Equality will participate.

International Bisexuality Day: A Day to Remember the Sexual Diversity that Comprises and Complements Our Society

Washington, September 22, 2018 – Each year since 1999, International Sexuality Day is commemorated on September 23rd: a day to remember the sexual diversity that comprises and complements our society, as well as the urgent need to continue working for the recognition of the rights to individual liberty, autonomy, and identity of all persons, regardless of their sexual orientation, and especially the assertion and recognition of the rights of bisexual persons.

To that end, we applaud with appreciation the recent press communiqué on International Bisexuality Day issued jointly by the Inter-American Commission on Human Rights and experts from the United Nations: we believe that these types of statements are essential in the fight against the ‘invisibilization’ of the barriers and discrimination that impact bisexual persons and provide concrete data that help to eradicate misconceptions that are permeated by stigmas surrounding bisexuality.  To that end, the authors state in the communiqué that bisexuality refers to “the capacity for emotional, romantic, and/or physical attraction to more than one sex or gender.”  From our work with our counterparts in the region, we note with concern the frequency with which the sexual orientation of bisexual persons causes them to experience significant discrimination, in that socially they are categorized as ‘indecisive,’ ‘undefined,’ or ‘promiscuous,’ in this manner alluding to an as-yet ‘undecided’ sexual orientation which needs to be ‘defined’ as heterosexual or homosexual.  The stigmas to which bisexual persons are subject result in the ‘invisibilization’ of their realities and experiences, as well as the lack of awareness regarding the multiple challenges [and] barriers [they face], as well as the violations of their human rights.

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), bisexuality and bisexual persons are marginalized in all parts of the world, generating alarming figures of depression, isolation, health problems, and high rates of suicide within this population.  In addition, they indicate that the indices of domestic and psychological violence perpetrated against bisexual persons are much higher in comparison with what is experienced by homosexual or heterosexual groups.  In this same study, ILGA points out that “the reality of bisexual persons is unknown by social organizations and even by groups defending the rights of the LGBTI community” – the reason why there are few or no data from social and governmental organizations regarding the health, education, and access to reproductive rights of this population.  Likewise, the actions implemented by State organizations do not respond to the realities of persons with a bisexual sexual orientation.

In Latin America and the Caribbean, the social reality of bisexual persons is completely unknown.  It is as if they do not exist, given that people tend to feel such persons are “going through a phase or presenting a deviation from [normal] sexual conduct”; as such, no statistics or official data exist on the situation of this community, either at the level of the States in the region or at the level of civil society organizations, as the latter tend to address the situations of bisexual persons to a lesser degree.  In addition to this, the lack of knowledge, research, and comprehension of bisexuality becomes a worrisome limiting factor in identifying or defining barriers faced by bisexual persons.

Bisexuality is highly invisible in human rights practice and discourse; it is thus that this day becomes an opportunity to raise the visibility of the voices, stories, and experiences of bisexual persons, demand protection of the rights of all persons, demand research that will identify their needs throughout the world, and develop pedagogy regarding their reality.

Race & Equality calls on the States in the region, governmental institutions, and the LGBTI movement to fight against all types of discrimination and violence against the bisexual population.  We urge them to consider developing public policies that include bisexuality within [the larger topic of] sexual orientation and consequently, collect official data to internally counteract the violence and discrimination faced by bisexual persons.  Biphobia, as well as any type of expression of hatred or violence against the diverse forms of gender, identity, or sexual orientation are acts that diminish the possibility for constructing societies that are more inclusive, just, and respectful of diversity.

 

SO THAT OUR VOICES ARE HEARD AND INCLUDED! Today We Commemorate the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women

July 25 marks the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women. The commemorative date was established in 1992 after a meeting in the Dominican Republic of more than 400 women from diverse Latin American countries, where they analyzed the consequences of racism and sexism in the region. The meeting also provided a space for attendees to articulate joint actions and remember historic struggles to combat these issues.

On this day we remember that the fight to bring down the humiliations caused by discrimination, poverty, and violence is ongoing. Participatory spaces are closed off because of racist and discriminatory logic against women and Afro-descendants which prevail. Women from the region continue to be the victims of a hostile war committed to condemn their voices and their chants, to violate their bodies, and take away their children.

It is important to remember that Afro-descendant women’s organizations have undertaken a lot of efforts to achieve recognition and participation in decision-making spaces. Because of this, we urge all states to promote affirmative actions in favor of including Afro-Latino, Afro-Caribbean, and Diaspora voices in spaces that will permit the promotion of effective public policies that guarantee rights and severely condemn all types of ethnic or racial discrimination.

Today we rise up in resistance for the women suffering the war and apathy in Nicaragua, for the harassment and repression against women in Colombia, especially those who are persecuted for leading life in the territories. We rise up for those women who are not recognized and who are discriminated against in Peru; for the violence and harassment against trans women in Brazil; for the voices of the women in Panama; for the recognition of the rights of all women in the region. We will continue fighting so that our voices are heard, included.

THE DEATH OF HUMAN RIGHTS DEFENDER BERNARDO CUERO BRAVO CONTINUES UNPUNISHED

Due to the expiry of his term, deceased human rights defender Bernardo Cuero Bravo’s would-be assassin was summoned to a hearing on 9 August 2018.  (Expand notice: https://www.elheraldo.co/judicial/insolito-juzgado-cita-al-difunto-bernardo-cuero-para-que-asista-audiencia-de-su-presunto).

Following his assassination on 7 June 2017, the death of the Afro-descendant defender has gone unpunished: not only due to causes that precede this incident – which demonstrate the frivolousness of a war that continues in the territories and the apathy of a government that insists upon denying the systematic violation of human rights, especially of those who in and for the territory – but rather, for each and every one of the omissions by the State institutions charged with penalizing and sentencing the responsible parties that today translate into the imminent violation of human rights and revictimization of the already-deceased Bernardo Cuero and his family, who, surprised by this unbelievable act, today demand justice and truth.

These incidents that transgress on and exacerbate the pain of a people, a family, and an entire nation, are the proof of systematic violations and omissions of a State that is indifferent to the pain of an entire society.  The life of Bernardo Cuero represented the voice of the Afro-descendant people, who have historically been overlooked and doomed due to the inaction of a discriminatory, corrupt, and violent government.

As an institution that looks out for the defense and recognition of human rights, we forcefully reject this situation and lament the incidents which the Cuero Bravo family and the entire Afro-descendant community confronts once again as victims of a war that progressively drives away hope for constructing stable and lasting peace.

Colombia Still Living at War

July 6, 2018 – The Institute on Race, Equality and Human Rights vehemently condemns the killing of eleven social leaders in Colombia this past week in the regions of Cauca, Chocó, Atlántico, Antioquía, and Tumaco. We strongly urge the national government and the international community to immediately speak out against the systematic extermination which has plagued the Colombian countryside in the aftermath of the signing of the Peace Accords on September 26, 2016, and which has incremented after the presidential elections this past June 17, 2018.

In the first three days of July, eleven social leaders have been killed, adding to the approximately 282 human rights defenders killed after the signing of the Peace Accords, based on a report from the Colombian Ombudsman’s Office. On July 3, seven bodies were found in the Argelia municipality of the Cauca region – a region which continues to be subjected to territorial disputes after the demobilization of the Revolutionary Armed Forces of Colombia (FARC), and which had shown favoritism for presidential candidate Gustavo Petro with 90% of the region’s votes in his favor. Also reported were the killings of Felicinda Santamaría, Afro-Colombian leader and President of the Board of Communal Action for Commune 2 in Quibdó, Chocó, and Luis Barrios Machado, a social leader from the Atlántico region. Similarly, news surfaced two days ago of the killings of Afro-Colombian leaders Margarita Estupiñan, in the village of Llorente in Tumaco, and Ana María Cortés in Antioquia, who worked as a campaign coordinator for Gustavo Petro in the region.

The systematic violence in Colombia has increasingly claimed the lives of various social leaders, who are victims of assassinations, threats and hostility as a result of their political work. The majority of the recent killings have been against Afro-Colombian women, indigenous and campesino men, and social groups who have been historically targeted by violence, and face poverty and inequality. “Peace has not yet reached our territories, and we (Afro-Colombians) are the ones who are dying. The Colombian countryside continues to be at war, the conflict has not ended, and, what’s worse, we are completely defenseless because the national government has not responded in any way, whatsoever. Our people are being killed constantly, and yet it would seem as though this isn’t noteworthy – it’s not important,” stressed Erlendy Cuero Bravo, Afro-Colombian leader who has been the recipient of threats and hostility for her work as Vice-President of the National Association of Displaced Afro-Colombians (AFRODES).

With great concern, we call on the national government of Colombia to carry out the appropriate investigations of the events as soon as possible, to reject the impunity of these killings and to grant protection measures to leaders who continue to be at risk. We also call on the international community in solidarity of this national emergency and urge the Colombian government to take the necessary measures to protect lives and put an end to the killings, which are systematically ending the lives of Afro-Colombian leaders. We demand special attention to the extermination, threats and intimidation that have plagued Afro-descendant, indigenous, and rural communities which have been historically marginalized, discriminated against, and subject to violence, poverty, and violations of their fundamental right to a dignified life. We denounce the ongoing threats against the lives of women who are human rights defenders and are victims in life-threatening conditions as a result of their efforts to be included in spaces for dialogue and participation. We remind the Colombian State of its basic obligations adopted in relation to the respect for and guarantee of rights under the subscribed international treaties, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights. As such, we encourage the national government to abide by these treaties, as well as to take into consideration the recommendations on human rights made to the State during the recent Universal Periodic Review, during which the international community at large issued a specific call to the Colombian State to protect the lives of human rights defenders, and to implement protection mechanisms to guarantee that their work is not criminalized.

Afro-Colombians and Human Rights: What the Incoming President and the Opposition Must Guarantee!

The results of the May 17 presidential election will have a big impact on the political, social and institutional conditions that determine the protection of Afro-Colombian communities’ human rights – in particular, those who have been victims of the armed conflict, racial discrimination, and have been historically excluded.

The election of Ivan Duque as the new President of Colombia for 2018-2022 with 53.98% of the votes (10,372,730) and the votes of 8,034,089 citizens (41.8%) for Gustavo Petro, establish a political scenario with significant implications for these communities. As the new head of the executive branch, Duque will have a strict responsibility to uphold Afro-Colombian rights, which stem from the Constitution, the country’s internal laws, and from the chapters of the Peace Accords. He must also abide by international human rights treaties that have been ratified by the State. Gustavo Petro, as the representative of the opposition, and with a seat in the Senate, should lead the legislative and politically-controlled processes that protect the rights of Afro-Colombian communities. This role bestows upon him an ethical obligation to continue pushing for Afro-Colombian rights, given the support he received from Afro-descendant communities in the Pacific region, where they voted overwhelmingly in his favor.

Duque’s election as president has been received with both frustration and fear by Afro-Colombian communities affected by the armed conflict. Many have been left feeling hopeless after the candidate they supported, and who incorporated their vision and proposals into his platform, lost the election, and also because the results of the election are a clear indication of the persistence of a lack of commitment to protect the victims of the armed conflict. The communities are expecting an increase in violence against social leaders and communities, both in rural areas and in major cities, as well as the continued forced displacement of communities to areas that continue to be affected by the violence, even after FARC demobilization.

These fears are not without basis. The president-elect’s campaign was supported by politicians and sectors that demand substantial changes to the Peace Accords. Afro-Colombian communities, broad sectors of society, and the international community have all declared their support for the Accords and have praised them as a way to guarantee the rights of Afro-Colombian communities, and as a path to achieve sustainable peace. Should the incoming president assume positions and make decisions that breach what was agreed upon in the Accords, this would impede their implementation. Many are asking to give the new administration the benefit of the doubt. However, the first signs are not positive: on June 19, a congressional caucus from Duque’s political party, together with legislators from other supporting parties, approved the suspension of proceeding with the legislative regulation of the Special Peace Jurisdiction (JEP) – a fundamental mechanism of the Accords.

The president-elect must respect the Accords’ agreements, which were consolidated as a constitutional mandate and State policy. However, it seems as if he will not follow this path. The repercussions of a policy reversal for Afro-Colombian communities will be negative – not only will the demands found in the Peace Accords’ Ethnic Chapter be at risk of not being met, but also drastic changes could be expected for the various mechanisms of peace, such as the Comprehensive System of Truth, Justice, Reparation and Prevention, and the Comprehensive Rural Reform, which will signify obstacles for the restitution of rights for Afro-Colombian communities.

However, the decision to ignore, modify or not guarantee the conditions of the Accords’ implementation does not exempt the incoming administration of the responsibility and duty to address the precarious situation of Afro-Colombian human rights. We must remember that the Accords incorporated demands and rights already guaranteed by constitutional and legislative norms, as well as international commitments still binding in nature. These include the completion of regulation of Law 70 of 1993, various constitutional rulings and decrees, Precautionary Measures by the Inter-American Commission on Human Rights (IACHR), and the recommendations of international mechanisms of human rights monitoring, such as the CERD Committee, which monitors the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination; all of which must be obligations for the President-elect to complete.

Any decisions that the incoming administration & Congress take must also guarantee Afro-Colombian communities’ right to prior consultation, and to free, prior, and informed consent. Guaranteeing this right within the framework of the upcoming National Development Plan for 2018-2022 must be a priority for the new administration and will be the focus of advocacy by the local and international communities. President-elect Duque’s proposed development plan presented during his campaign does not adequately recognize the rights of Afro-Colombian communities and promotes the continuity of economic policies that limit ethno-cultural rights and promote exclusion. Despite having the right to choose his own vision for the plan, Duque would do well to consult with the communities and not ignore rights already acknowledged. Prior administrations have not guaranteed the right to prior consultation in the elaboration of their National Development Plans, so the new president has the obligation to correct this practice.

Congress is also obligated to pass laws that guarantee the rights of Afro-Colombian communities, as well as to exert political control over the new administration. History has also shown the legislative branch to be weak in this respect. However, it will be important to make use of the role that Gustavo Petro and his supporting congressmen have, as promoters of Afro-Colombian communities’ rights, in correcting the current situation of structural exclusion of Afro-Colombians from the legislative process.  The mood and expectations of communities after the results of the election must therefore follow this perspective, accordingly.

The Institute on Race, Equality and Human Rights will continue to support and defend the fundamental rights of Afro-Colombian communities in this new stage of political and institutional processes. We are particularly committed to support initiatives that lead to the Colombian state’s implementation of its international commitments towards these communities. In this perspective, we offer the following specific recommendations:

  • The new administration must prioritize the adoption of measures to protect the life and personal integrity of all Afro-Colombian leaders at risk.
  • The President-elect must urgently express his support for Congress to expedite the passage of the Special Justice for Peace procedure law.
  • In the formulation of the 2018-2022 Development Plan, the new administration must include a guarantee to the right to prior consultation, and to free, prior, and informed consent for Afro-Colombian communities who are victims of the armed conflict.
  • In the new Development Plan, prioritize the inclusion and financing of public policies to comply with that stipulated by the Constitutional Court in Auto 05 of 2009, Auto 092 of 2008, and Decree 4635 of 2011.
  • The new administration, together with Congress, must prioritize the completion of regulations found in Law 70 of 1993.
  • The Colombian state must abide by recommendations from international human rights organizations, especially with relation to the rights of Afro-Colombian communities.

The Human Rights Situation of Afro-descendants in Latin America Presents a Scenario Full of Discrimination and Collective Violence

On June 4, The Institute on Race, Equality and Human Rights (Race and Equality) and the Washington Office on Latin America (WOLA) held a panel conversation on the “Human Rights Situation of Afro-descendants in Latin America” as a side event to the 48th General Assembly of the Organization of American States. The dialogue featured Afro-descendant leaders and experts from Brazil, Cuba, Colombia, Guatemala and Peru, and sought to present the circumstances of Afro-descendant populations’ rights in the region, and the collaborative work that each country has been doing on these situations.

Washington Office on Latin America President Matthew Clausen opened the dialogue with some introductory remarks. WOLA has been carrying out international efforts with other Afro-descendant organizations seeking to protect Afro-descendant rights in the Americas and has also recently been lobbying the US Congress for the adoption of Resolution 713, which urges the United States Government to support the goals and objectives of the International Decade for People of African Descent by way of establishing global strategies that promote these goals. WOLA’s President took the opportunity to condemn all the recent attacks, killings and acts of intimidation against social leaders in the region and expressed his and WOLA’s support to do all that they can to remedy the situation.

The dialogue also featured the distinguished presence and participation of Epsy Campbell Barr, Vice-President of Costa Rica, and the first Afro-descendant woman in the region to be elected to a high political position – a major political achievement for all Afro-descendant populations in the region. In her speech, Vice-President Campbell reflected that the Afro-descendant movement in the region is not experiencing its greatest moment of progress, due to regressions in the political agendas of countries which have historically achieved spaces for advocacy. Likewise, she stressed that the movement’s advocacy actions have received little political backing in recent years. These conditions are contrary to the necessary conditions and agreements needed to achieve the goals of the International Decade, particularly of encouraging the connection between the goals of the Decade and those of sustainable development. Facing this, Vice-President Campbell stated that “a 2030 (Afro-descendant) agenda should be our aim for the next ten to twelve years. Therefore, it’s of vital importance to use the next five or so years left in the International Decade to achieve more commitments from States.”

Likewise, Epsy Campbell urged better working strategies to tackle poverty, discrimination and criminalization of Afro-descendants, and also the exclusion of Afro-descendants from political participation, as these continue to be realities in our countries, she declared. In conclusion, she stated that the greatest challenge for Afro-descendants in the region lies in aligning national agendas of each State in the region with a commitment towards inclusion of Afro-descendant communities and people.

In relation to the above, Carlos Quesada, Executive Director of the Institute on Race, Equality and Human Rights, pointed out that the situation of the rights of people of African descent in the region has many parallels to police violence, poverty, inequality, unemployment and limited access to health and education. However, he stressed that the work carried out by various organizations in each of the countries shows signs of fight and hope for all of Latin America.

Cecilia Ramírez, Executive Director of the Center for the Development of Black Peruvian Women (CEDEMUNEP), shared with the audience the work that the Afro-Peruvian movement has developed in order to participate in the recent national census, and be properly counted for the first time since 1940. The work was a success for the recognition of the Afro-Peruvian people, as it promotes greater advocacy opportunities, participation and expression. This was achieved by working with various social sectors in order to develop the ethnic self-identification question, as well as allowing organizations to report and visualize the accurate living conditions of the Afro-descendant community in Peru. Ms. Ramírez also made mention of the challenges of carrying out a media campaign in favor of the ethnic self-identification question, in a country riddled with discrimination and racism. However, she stressed that such advocacy campaigns are crucial to bring awareness about what it means to identify as Afro-Peruvian. For 2017, the number of Peruvians who identify themselves as Afro-Peruvians totaled 4% of the population.

Norberto Mesa Carbonell, Director of the Cuban organization Cofradía de la Negritud, presented to the audience the human rights situation of exclusion facing Afro-Cubans. “The reality of the situation of Afro-Cubans has been a taboo subject since the Revolution. Although the issue of discrimination was an important topic to work on—of vital importance—it was enough for just a few years to go by until the Cuban State “automatically” closed the issue. As a result, everything related to access and participation of the Afro-Cuban movement, as well as the formation of public policies that benefit and recognize the Afro-descendant movement, were put on hold and were completely delayed. For this reason, and since the decision by the government, any advocacy work and presentation of human rights violations towards Afro-descendants in Cuba has been criminalized. We currently don’t have freedom of association; thus, it becomes a great challenge to work for the inclusion of this population sector in public policies regarding economic and social growth,” explained Norberto.

Cesar Gomes, a Brazilian social leader, presented another element of the conversation by describing the situation of the Afro-descendant LGBTI populations as one of the worst in the world. Cesar shared that Brazil has one of the highest numbers of murders of trans women because of their gender identity, and in particular Afro-descendant trans women. He also revealed that the country has no public policies specifically for Afro-LGBTI individuals, and in recent years, the Ministries of Women, Racial Equality, and Human Rights within the government have been dissolved, which has weakened the participation of social movements demanding respect for the rights of trans men and women who are also Afro-descendants. Likewise, he pointed out that rates of murder and violence against LGBTI men and women are increasing alarmingly, particularly at the hands of local and/or municipal authorities. Finally, Cesar mentioned the critical situation of young Afro-LGBTI people, as they are the ones who report the highest rates of suicide due to social and family harassment, in addition to being victimized again due to their socio-economic condition, and lack of access to education and health.

On the other hand, Ingrid Gamboa, an Afro-Guatemalan Garifuna leader, stressed that the lack of economic resources represents a major hurdle for the Afro-descendant movement in its efforts to achieve the implementation of an action plan with regard to the International Decade of People of African Descent. Historically, Afro-descendants have been characterized as one of the ethnic groups with the largest inequality gaps in the world. Therefore, the lack of States’ commitment to guarantee the necessary resources for the implementation of said Decade limits the possibilities of participation and the formation of recognition of guarantees for the rights of the Afro-descendant people.

Finally, Association of Displaced Afro-Colombians (AFRODES) Vice-President Erlendy Cuero Bravo voiced her profound concern about the lack of visibility of the situation of Afro-descendant populations, which continues to be obscured by State representatives throughout the region, in particular related to assassinations, persecutions, harassment and intimidation which affects social leaders in various countries. Likewise, she declared that many states have abandoned the Afro-descendant population and are unaware of the structural issues related to poverty, discrimination and violation of human rights. “In Colombia, the Afro-descendant population was the group that supported the Peace Agreement the most, because we have suffered the most deaths, but yet the State has abandoned us. We are being killed each day, and yet it seems like the Colombian state has no eyes or ears to recognize our situation, or that the harassment of our people represents a systematic phenomenon. So far nothing has been done to guarantee the life of our men, women and children. Not because of a lack of public policies, because there are many, but rather because of a lack of political will. Today, my people are scared and confined because when someone kills one of our political leaders, they are also killing the entire Afro-descendant movement.”

How did Colombia do at the Universal Periodic Review (UPR)?

On May 10, Colombia underwent a review of its human rights record during the Third Cycle of the Universal Periodic Review (UPR) in Geneva, Switzerland. The UPR is the main mechanism of the UN Human Rights Council to review the human rights records of each of the 193 UN member states and issue recommendations to improve the state’s public policies. After each revision, carried out every 5 years, a final report is issued that lists the recommendations which the state should implement before the next review period.

During the session, Colombia’s Minister of the Interior, Guillermo Rivera, stated that “today, Colombia is a different country” and that achieving lasting peace from the armed conflict is the best way to guarantee the promotion and protection of human rights for all Colombians. Additionally, during the session, the Minister spoke about the signing of the peace agreement between the Revolutionary Armed Forces of Colombia (FARC) and the national government in 2016 and the efforts to reach a similar agreement with the National Liberation Army (ELN).

The Minister also presented figures that indicated a reduction in rates of violence in 2017 to its lowest points in the last 42 years. Despite this figure, representatives of the countries present at the review continued to express concern for the high levels of violence, human rights violations, and murders of social leaders after the signing of the peace agreement.

Erlendy Cuero, the Vice-President of the National Association of Displaced Afro-Colombians (AFRODES), was present at the review thanks to the support of the Institute on Race, Equality and Human Rights (Race and Equality). She gave an overview of the situation of human rights in Colombia and urged the Colombian government to adopt the recommendations made by the States present at the review.

While the final report with the recommendations for the Colombian government is still being drafted, the following are some comments and suggestions mentioned by representatives of the States present during the review of the Colombian state:

 

Race and Equality hopes these recommendations will be significantly taken into account by the State when taking measures to protect the lives of social leaders and recognize the rights of Afro and indigenous communities, men, women, children, and the LGBTI population. The Colombian government must not wait to take action to reduce violence and human rights violations. The stable and lasting peace proposed in the peace agreement has not yet been achieved in the country.

Race and Equality hosts meetings in Colombia with the United Nations (UN) Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance.

Bogota, March 1, 2018. The International Institute on Race, Equality, and Human Rights (Race and Equality) hosted public and private meetings in Bogota, Colombia with Miss E. Tendayi Achiume –  the UN Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia, and related intolerance. During the public meeting, the Special Rapporteur’s mandate was discussed and explained. The private meeting was arranged exclusively with Afro-Colombian organizations. Miss Achiume was in Colombia to attend the 167th Period of Sessions of the Inter-American Commission on Human Rights’ (IACHR).

Close to 80 participants attended the public informative meeting; including members of ethnic organizations, government institutions, local and international non-governmental organizations, aid and cooperation agencies, and interested members of the public. Ms. Achiume explained the functions of her mandate as well as the mechanisms used by the Rapporteurship to encourage states to comply with their international human rights obligations. This includes the obligation to protect people and communities that continue to suffer from discrimination and/or exclusion on the basis of race, national origin, sexual orientation, or gender identity. After her presentation, Ms. Achiume opened the floor for a dialogue with those present to discuss concerns about the relevance of the Rapporteurship and the contributions it can make towards eliminating discrimination and intolerance in Colombia.

Additionally, a private meeting was held with members of the National Association for Displaced Afro-Colombians (AFRODES), the National Conference of Afro-Colombian Organizations (CNOA), the Process of Black Communities (PCN), the Association of Community Councils of Northern Cauca (ACONC), the Afro-Colombian Labor Council (CLAF), the Network of Afro-Colombian Women KAMBIRI, the National Movement CIMARRON, the Technical Secretariat of the Special Jurisdiction for Peace (JEP), the Consultancy for Displacement and Human Rights (CODHES), and ILEX – Afro-descendant Legal Action of Colombia.

Thanks to the contributions of each of the organizations present, the Special Rapporteur was able to gather first-hand accounts of the human rights situation of Afro-Colombian communities in the context of the implementation of the peace accords. Particular concerns raised included threats and assassinations committed against social leaders, violence and its confinement in Afro-Colombian territories, the precarious living conditions in which displaced Afro-Colombian populations live in, the continued processes of exclusion associated with legal and illegal economies, the situation of aggravated vulnerability of Afro-Colombian women, and the delay in the implementation of the Ethnic Chapter in the peace accords. Participating organizations coincided in highlighting the importance of the Special Rapporteur in requesting the Colombian government to carry out an official on-site visit to assess these situations in greater depth.

In concluding remarks, Ms. Achiume expressed her willingness to use all the mechanisms available to the Rapporteurship to convince the Colombian state to issue an adequate response to all the issues presented.

Race and Equality also highlights the importance that the past two official visits by the Special Rapporteur have had in Colombia. The visits occurred in 1996 and 2003 and the resulting reports contributed significantly in raising awareness of the grave human rights situation facing Afro-Colombian communities as a consequence of the armed conflict. Most of these recommendations are still relevant and should be implemented by the Colombian government in the current, post-accord context, where Afro-Colombian communities continue to face grave human rights violations. Race and Equality shares the opinion of the participating organizations that official on-site visit by the Rapporteurship should be conducted urgently and also recommends that the Rapporteurship maintain an open channel of communication the organizations that attended. Race and Equality also believes it is important that the Rapporteurship recommend that the Colombian state ratify the Inter-American Convention against Racism, Racial Discrimination, and other forms of Intolerance.

Race and Equality will continue to promote channels of information and technical assistance to strengthen working relations between the UN Special Rapporteur and organizations from ethnic communities and the LGBTI population in the Americas.

More information on the Special Rapporteurship can be found here: http://www.ohchr.org/EN/Issues/Racism/SRRacism/Pages/IndexSRRacism.aspx

Peace Agreement and Afro-Colombians, One Year Later: “Peace is Costing Us Our Lives”

One year after the signing of the Peace Agreement that ended the Colombian internal armed conflict that had lasted more than 50 years against the FARC-EP guerrillas, an assessment of the progress made toward its implementation has not been favorable for Afro-Colombian communities.  The violation of their human rights continues and the legislative and institutional developments that are required for implementing the Agreement are not adequately applying the stipulations of the Ethnic Chapter which is an integral part of the Accords.  The post-Agreement conflicts that have been identified in diverse analyses, including what has been produced by the Institute on Race, Equality, and Human Rights,[1] have not been appropriately resolved by the Colombian government.  The present article analyzes some of the difficulties and factors that have impeded the conditions that shaped the signing of the Agreement from being strengthened as opportunities for guaranteeing the rights of Afro-Colombian communities.

The signing of the Final Agreement for the Termination of the Conflict and Construction of a Stable and Lasting Peace (hereinafter, the Agreement) on November 24, 2016 was a bittersweet moment for the Afro-Colombian organizations and communities that had undertaken intense advocacy efforts throughout the process of its negotiation.  They celebrated the achievement of a process that had opened up opportunities for constructing a sustainable peace through peaceful means, which they had supported from the outset; however, they became concerned about the effects of having been excluded from the process.  One exclusion was partially corrected at the last minute through the inclusion of the so-called Ethnic Chapter.  This ‘adjustment’ to the final text of the Agreement contains a set of recognitions, principles, safeguards and guarantees, and mechanisms which, if fully applied, would truly lead to the implementation of the Agreement guaranteeing the protection, restoration, and promotion of the ethnic rights that have been acquired and violated.  Nonetheless, and given the fact that the rest of the Agreement did not adequately incorporate a differential ethnic-Afro-Colombian focus, the concerns regarding  compliance with what was established in the Ethnic Chapter also became a part of this historic moment.

One year after the start of the implementation of the Peace Agreement, these concerns appear to not have been unjustified.  In the unfolding of the legislative process, the principal institutional condition for grounding the Agreement, the stipulations of the Ethnic Chapter have not been appropriately incorporated, nor have the prior consent processes been implemented with the communities and organizations.  In addition, the progress made in critical actions, such as illicit crop substitution and Development Plans with a Territorial Focus, have not guaranteed the participation of the most affected Afro-Colombian communities.  The violence (threats and assassinations of leaders, new displacements, [and] detentions) committed against rural and urban Afro-Colombian communities has not ceased.  All of these realities that do appear to be inconsistent with the spirt of the Agreement and have generated disappointment and despair among the communities, represent a threat to the end of the armed conflict contributing to guaranteeing their rights to truth, justice, reparations, and non-repetition.

An analysis of the progress made by the implementation of the Peace Agreement from an Afro-Colombian perspective represents an essential task which the Colombian government must perform so as to correct the inadequate adoption of a differential focus that has prevailed since it was signed.  The report[2] produced by the Kroc Institute of International Peace Studies at the University of Notre Dame [in the] U.S. – the institution designated by the Agreement as the party responsible for performing technical assessments of the implementation – has identified the delay and problems that exist with regard to the provisions of the Ethnic Chapter.  According to that report, the Ethnic Chapter is among the subtopics with the lowest levels of implementation.  In its recommendations, it identifies some actions that should be adopted so as to overcome this delay.  These recommendations and assessment are insufficient for generating the framework of understanding that is required for correcting the direction implementation takes so as to guarantee the adoption of a differential ethnic-Afro-Colombian focus.  It is necessary to analyze in greater depth and detail the problems that have presented themselves.  To that end, close attention should be paid to the analyses and proposals put forward by Afro-Colombian communities and organizations.

 

Post-Agreement violence

The persistence of grave violations of the human rights of communities, organizations, and their leaders constitutes the principal problem that must be recognized and addressed.  “Peace is costing us our lives” is an affirmation shared by all social sectors committed to defending the stipulations of the Peace Agreement.  The assassinations of leaders such as Jair Cortés of Alto Mira y Frontera [Alto Mira and Border] in Tumaco and Bernardo Cuero of the Asociación de Afro-Colombianos Desplazados [Association of Displaced Afro-Colombians] (AFRODES) in Malambo reflect the incapacity and failure of the government to confront a reality that was predicted in various analyses: it was known that the demobilization of the FARC-EP would lead to the elimination of one element of the violence, though would also produce a new armed dynamic due to disputes over territorial control of the zones where it had operated by other illegal armed groups (the ELN guerrillas and paramilitary groups), in connection with drug-trafficking dynamics.

This dynamic, perfectly foreseeable and identifiable in specific territories, should have driven the government to recognize the aggravated risk faced by male and female leaders and consequently, guarantee them appropriate protection measures, which should not be limited to the level of individuals but rather, incorporate measures of collective protection.  In many cases, the opposite has transpired.  When at-risk male and female Afro-Colombian leaders who have even been victims of threats and attempts on their lives request protective measures, the institutions charged with evaluating their risk assess the situation as being one of ‘ordinary risk.’  The mechanisms for determining the level of risk faced by the leaders of Afro-Colombian communities and organizations requires an in-depth review that truly recognizes the factors of risk associated with the context.

It is precisely from this perspective that an assessment is needed of the factors that are hindering the Colombian government from guaranteeing the right to life and political participation in Afro-Colombian regions such as Tumaco, Bajo Atrato, [and] Río San Juan, among others.  The issue in fact goes beyond the militarization of the territories considered by many communities to be inappropriate.  In the spirit of the Agreement, they expected and continue to expect the launch of a comprehensive State presence to attend to the communities’ basic needs through a process of prior consent.  What has happened, as demonstrated through the massacre of coca-farming campesinos in collective territories of the Alto Mira y Frontera Community Council in Tumaco, is that priority has been given to a vision that conceives of the implementation of the section of the Agreement related to the drug problem from an exclusively ‘criminal’ perspective.  As a result, there is no recognition of the impacts of drug-trafficking on the collective life of the communities, or of the conditions necessary for implementing a crop-substitution program.

The ongoing violations of the human rights of Afro-Colombian communities have not been limited to rural territories.  Zones in urban contexts of Buenaventura, Quibdó, Bogotá, Cali, [and] Cartagena, among others, where thousands of Afro-Colombians live in a state of forced displacement, also constitute areas disputed by illegal armed groups that coordinate with the dynamics of ‘micro-trafficking’ [of drugs].

 

Regulatory implementation

The Executive and Legislative Branches’ process of formulating and promulgating laws and decrees for implementing the Agreement has been a priority since it was signed.  According to the Kroc Institute report, as of September 2017 44 legislative initiatives had been approved through special mechanisms established for the regulatory implementation of the essential points in the Agreement; another 12 initiatives are underway and should be approved prior to the end of the fast-track’s validity on November 30, 2017.  The expectation of Afro-Colombian communities and organizations in terms of this process is the rigorous application of exactly what is stipulated in the Ethnic Chapter.  The guarantee of the right to free, prior, and informed consent must be established as the primary tool and principle for ensuring the adoption of a differential ethnic-Afro-Colombian focus.  It is in that light that the assessment is very negative.

According to reports from members of the Consejo Nacional de Paz Afrocolombiano [National Afro-Colombian Peace Council] – which as a part of the Comisión Étnica para la Paz y la Defensa de los Derechos Territoriales [Ethnic Commission for Peace and Defense of Territorial Rights] led the process that resulted in the formulation and inclusion of the Ethnic Chapter in the Agreement – there has been virtually no compliance with what was established regarding prior consent and progressivity in said chapter by the Executive Branch and Congress in the regulatory implementation.  Neither the Instancia de Alto Nivel con Pueblos Étnicos [High-Level Agency with Ethnic Peoples], defined in the Ethnic Chapter, nor the Espacio Nacional de Consulta Previa de las Comunidades Negras, Afrocolombianas, Raizales y Palenqueras [National Space for Prior Consent for Black, Afro-Colombian, Raizal, and Palenquera Communities] have been appropriately consulted regarding the legislative initiatives approved to date.  It does not appear to be feasible for this to be done during the remaining period in which fast-track is in force.

The consequence of this noncompliance has obviously been that said legislative actions lack a differential ethnic-Afro-Colombian focus to prevent regression in the rights acquired and guarantee that the implementation will lead to comprehensive reparations for the violated rights.  A profound review is needed of all of these legislative acts with an eye to identifying mechanisms that are necessary for “correcting” the omissions, however in the concrete field of implementation.  The problem that will emerge is that in Colombia what is “not named in the laws” is very difficult to demand when those laws are applied.  It is true that the Agreement itself, in addition to the Ethnic Chapter, emphasize the commitment to applying differential foci.  This should be enough.  However, the lack of ethnic-Afro-Colombian specificity in the texts of the legislative acts will make it much more difficult for the institutions that will be charged with applying the laws for implementing the Agreement to adopt said focus.

As an example, the Decree that creates the Commission for Clarification of Truth, Coexistence, and Non-Repetition brings together original texts from the Agreement that mention the impacts of the conflict on the various population groups that are most vulnerable (women, Afro-Colombians, indigenous people, children, etc.).  However, when it comes to creating specific mechanisms within the Commission to ensure the application of those differential foci, the Decree only stipulates the creation of a group on gender issues.  This specificity in matters of gender is completely adequate and was achieved as a result of the advocacy processes carried out during the process [sic] by women’s organizations.  The creation of an analogous group for ethnic matters should be included in this legislative phase, regardless of the advocacy performed by Afro-Colombian organizations.  If prior consent had been guaranteed, the Decree probably would have had to include a similar provision as it has for gender issues.

The legislative initiatives related to the Comprehensive Rural Reform have also been monitored and strongly criticized by Afro-Colombian, indigenous, and campesino organizations, and even by a group of Members of Congress.  Some pronouncements have put forward strong arguments regarding some legislative acts being inconsistent with what is established by the Agreement.  Apparently, mechanisms are being proposed that can turn the clock back in terms of the territorial rights acquired by ethnic communities.

 

The Framework Implementation Plan (PMI)

The formulation and approval of the PMI has been the other essential institutional process that has transpired during this first year of implementation and is critical for the prospects of guaranteeing the rights of Afro-Colombian communities and those affected by the conflict.  According to the Kroc Institute report, “The PMI, and later CONPES, is a key instrument of public policy for translating the Final Agreement into programmatic and budgetary instruments of public policy that integrate the Peace Agreement into the daily and structural functioning of the State.”  Said report indicates that this process has been delayed by six months with regard to the timeframe established by the Agreement, which represents a significant obstacle.  The inclusion of a differential ethnic-Afro-Colombian focus in the PMI has faced profound difficulties.

The critical component of the PMI for achieving the adoption of a differential focus is the formulation and inclusion of goals and indicators.  Any intention established by the Agreement that does not translate into these terms in the PMI will lead it to not being an obligatory commitment for the Colombian government and therefore, will not receive a budgetary allocation.

Representatives of the Ethnic Commission for Peace and Defense of Territorial Rights, which in turn is part of the Special High-Level Agency for Ethnic Peoples, has been actively participating in the spaces created for drafting the PMI.  Using their own technical resources, they have drafted and delivered a proposal on technical indicators and goals.  However, they have encountered systematic resistance to having their proposals be included.  As of this writing, it appears that a version of the PMI will be produced that in fact incorporates the ethnic focus at the level of indicators and goals.  Even so, the liaising process between the governmental institutions and Afro-Colombian organizations has evinced a lack of political will and understanding regarding the importance of a differential ethnic focus as a constituent element for the construction of peace.

 

Strengthening the conditions for effective participation

Since the start of the negotiation process, the Colombian government and FARC-EP coincided in that the victims of the conflict would be at the center.  The final text of the Agreement indeed reflects this commitment.  Not only in that one of its points is exclusively dedicated to victims’ rights but in fact, all of the Agreement’s points adopt this commitment.  As such, the expectation of Afro-Colombian communities was that with the signing of the Agreement, all of the necessary measures would be adopted, from the start of its implementation, in order to guarantee their effective participation.  The principle of prior consent stipulated in the Ethnic Chapter reinforced that expectation.  Likewise, it appeared that the Special High-Level Agency with Ethnic Peoples that was created would become a fundamental mechanism for safeguarding this participation.

The assessments of the Afro-Colombian communities and organizations regarding the Colombian government’s actions to contribute to strengthening the conditions for their effective participation in the implementation of the Agreement during its first year are unfavorable.

The Special High-Level Agency with Ethnic Peoples was indeed created; however, it has not had the adequate logistical or technical conditions for producing the inputs that are required for participating in legislative processes or institutional design that have been put forward.  In addition, in the case of formulating the PMI, the discussion spaces have oftentimes lacked representatives from government institutions with decision-making power.  The latter is precisely what has constituted a factor delaying the scope of the Agreement in terms of including essential proposals for guaranteeing the adoption of an ethnic-Afro-Colombian focus.

The effort to strengthen conditions for participation in communities and organizations in the territories (rural and urban) has been even more limited, starting from the absence of systematic educational work that truly permits a minimal understanding of the content of the Agreement and implementation process.

The design of the regulatory and institutional architecture is, without a doubt, an essential requirement for successfully implementing the Agreement.  However, organizational strengthening is equally a condition sine qua non for effectively applying the regulations and executing the public policies that can allow the Agreement to become reality.  Were said strengthening not to be addressed, we run the risk of maintaining a large gap between what the laws mandate and what is in fact achieved by the public policies that seek to operationalize them.

The assessment of the first year of implementation of the Agreement presented in this article as regards the conditions for guaranteeing the rights of Afro-Colombian communities affected by the conflict is certainly worrisome.  The lack of compliance with the stipulations of the Ethnic Chapter is significant.  Despite that, there continues to be a margin for the implementation framework to truly become an opportunity for comprehensive reparations and overcoming historic exclusion.  Afro-Colombian organizations and communities continue doing their part through a proactive position to contribute to constructing peace.  It is the responsibility of the Colombian State and FARC-EP to make a course-correction so as to guarantee effective inclusion in the implementation of the Agreement.

 

Recommendations

The Institute on Race, Equality, and Human Rights believes that in order to improve the adoption of a differential ethnic-Afro-Colombian focus in the processes of implementing the Peace Agreement, the following recommendations should be addressed:

 

The Executive Branch of the Colombian government should:

  • Ensure the conditions for guaranteeing the right to free, prior, and informed consent in all legislative and administrative acts.
  • Increase the resources allocated to the operational and technical functioning of the Special High-Level Agency with Ethnic Peoples.
  • Guarantee adequate protective measures for all male and female leaders who are at risk, both in rural as well as urban contexts.

The Congress of the Republic should:

  • Guarantee the processes of the right to free, prior, and informed consent in the issuance of legislative acts via the normal route once the fast-track mechanism is no longer in force.

The FARC-EP should:

  • Strengthen efforts to ensure its former combatants know and apply the stipulations of the Ethnic Chapter in matters under their purview.

To the international community:

  • Cooperation agencies and other donors with a presence in Colombia should prioritize financing the strengthening of organizations at the territorial level from the perspective of [ensuring] effective participation in the mechanisms created for implementing the Agreement.
  • The Inter-American Commission on Human Rights should perform an on-the-ground visit to the country to specifically assess the situation of Afro-Colombian communities and the state of compliance with the Agreement’s Ethnic Chapter.

To Afro-Colombian organizations and communities:

  • Strengthen educational actions aimed at their base focused on the regulations, policies, and programs through which the Agreement is being implemented.

Continue strengthening the use of international human rights protection measures in their processes of monitoring the implementation of the Agreement.

[1] Institute on Race, Equality, and Human Rights.  Afro-Colombians and the Post-Agreement: An Analysis of the Conditions for Adopting a Differential Ethnic-Afro-Colombian Focus.  Political Analysis Document 1.  Colombia office.  September 2016.  (Available at: http://oldrace.wp/espanol-2/nueva-publicacion-de-instituto-sobre-raza-igualdad-y-derechos-humanos-con-analisis-sobre-el-proceso-de-paz-en-colombia-y-la-situacion-de-los-afrocolombianos/).

[2] Kroc Institute of International Peace Studies.  Report on the Effective State of Implementation of the Colombia Peace Agreement.  November 2017.

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