International Day for the Elimination of Racial Discrimination: The new international standards on the rights of people of African descent and racial justice, and the Inter-American Convention against Racism

International Day for the Elimination of Racial Discrimination: The new international standards on the rights of people of African descent and racial justice, and the Inter-American Convention against Racism

Washington D.C., March 21, 2022.- Since events such as the murder of the African American citizen George Floyd, the problems of racism and racial discrimination have been positioned on the world agenda, generating reactions and measures of protection and reparation for people of African descent. It is undeniable, for example, the effort that has been made at the level of the Universal Human Rights System to create and strengthen international mechanisms in matters of human rights of this population and racial justice.

This International Day for the Elimination of Racial Discrimination, from the Institute on Race, Equality and Human Rights (Race and Equality) we want to recognize the new international standards on the rights of people of African descent and racial justice, but also call that these mechanisms go from paper to reality, and we can show a full guarantee of rights for Afro-descendants throughout the world.

The mechanisms and their mandates

The aforementioned context of awareness and actions in favor of the rights of people of African descent has also been driven by the plan of activities for the International Decade for People of African Descent (2015-2024). One of its main objectives is to approve and strengthen national, regional, and international legal frameworks in accordance with the Durban Declaration and Program of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.

In 2021, the United Nations adopted two important mechanisms. One of them is the Permanent Forum of Afro-descendants, which was approved in August through Resolution 75/314 of the United Nations General Assembly, with the mission of being an advisory body to the Human Rights Council. Among its mandates is that of “contributing to the full political, economic and social inclusion of Afro-descendants in the societies in which they live, on an equal footing with other citizens and without discrimination of any kind, and to help guarantee the enjoyment in conditions of equality of all human rights.”

The resolution determines that the Forum will be composed of ten members. Five of these members—who currently include the former Vice President of Costa Rica, Epsy Campbell, and the attorney Justin Hansford of the United States—are designated by governments and elected by the General Assembly on an equitable geographic distribution basis, and five more appointed by the president of the Human Rights Council in consultation with Afro-descendant organizations. Another of its mandates is to evaluate a possible United Nations declaration on the promotion, protection, and full respect for the human rights of people of African descent, in addition to identifying best practices, challenges and opportunities and initiatives to address issues related to Afro-descendants.

On another note, in its resolution adopted on July 13, 2021, the Human Rights Council decided to establish an international mechanism of independent experts, composed of three experts with experience in law enforcement and human rights, who must be appointed by the chairman. Its mandate is to examine systemic racism and the excessive use of force and other violations of international human rights law against Africans and people of African descent by law enforcement officials around the world.

The mandate of this international mechanism of independent experts is for three years, and is clearly defined in nine tasks, among them is “making recommendations on the way in which national legal regimes use of force by law enforcement agents may conform to applicable human rights standards.” In addition, its means of action include country visits and inclusive outreach and consultations with States, directly affected individuals and communities, and other stakeholders.

Last December, it was learned that the mechanism was made up of Judge Yvonne Mokgoro from South Africa, Tracie L. Keesee from the United States and Juan Méndez from Argentina. One of their next missions, according to the resolution of the Human Rights Council, is that, together with the High Commissioner for Human Rights, they write two separate reports annually and present them to the Human Rights Council as of its 51st session, scheduled for take place between September and October of this year. This in the framework of an interactive dialogue in which priority is given to the participation of the people and communities directly affected, including the victims and their families.

Situation in Latin America

In Latin America, racism and racial discrimination are structural and persistent problems, with diverse manifestations and consequences that have their roots in the slavery imposed by European colonialism. The recent visibility of police brutality, episodes of racial profiling, systemic violence against people of African descent, and their impunity, are proof that these evils are still latent in society in the 21st century.

Given this reality, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) is configured as a powerful tool to combat these problems. This Convention was adopted by the OAS General Assembly on June 5, 2013, thus becoming the homologous convention of the International Convention on the Elimination of Racism and Racial Discrimination (CERD) of 1965, the first international instrument of universal scope from which the fight against racism and racial discrimination was prioritized, and of which the 35 member states of the OAS are part of.

To date, only six countries in the Americas (Antigua and Barbuda, Brazil, Costa Rica, Ecuador, Mexico, and Uruguay) have fully adhered to the CIRDI, that is, they have signed and ratified it. Meanwhile, seven other countries (Argentina, Bolivia, Chile, Colombia, Haiti, Panama, and Peru) have only signed it, so the instrument is not yet binding in those States. Race and Equality, through the CIRDI 2024 campaign “Towards a region free of racial discrimination”, has proposed to promote the ratification and implementation of the CIRDI in most of the countries that make up the OAS.

Regarding the CERD, the CIRDI contains innovative provisions, such as placing the definition of the term “racism” in a legal instrument, as well as establishing that acts of racial discrimination can occur in both the public and private spheres, while the CERD limits these facts only to the private sphere. The CIRDI also contemplates the creation of an Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance. This Committee’s mission is to monitor the commitments assumed in the Convention, serve as a forum for the exchange of ideas and experiences, make recommendations to the member states, and receive reports from the States on compliance with the obligations of the Convention. However, the establishment of this Committee is subject to 10 countries ratifying the Convention, which has not yet happened.

Relevance of the CIRDI for Colombia and Brazil

In Colombia, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance began its ratification process through the presentation of the Bill for its approval on December 16, 2021. This Convention could mean a substantial contribution to the construction of peace in Colombia with its ratification. In particular, the CIRDI would be a living legal instrument that would provide support and strengthening to the existing legal framework, especially in the recognition of racism and racial discrimination as structural phenomena that have sustained disproportionate and differentiated affectations against the black, afro-Colombian raizal, and palenquera population.

People of African descent suffered the disproportionate impacts of the armed conflict in Colombia. According to the Unit for Comprehensive Care and Reparation for Victims (UARIV), 1,177,120 Afro-Colombian people have been registered as victims in the Single Registry of Victims (RUV) to date. The Final Peace Agreement recognized the disproportionate impacts against Afro-Colombian communities, especially through the inclusion of the Ethnic Chapter, whose purpose is to generate maximum guarantees for the full exercise of human rights of ethnic communities in the country. In this sense, it points out that the Peace Agreement must be interpreted considering the existing international, constitutional, jurisprudence and legal framework, including, for example, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

The ratification of the CIRDI implies that the countries make modifications in their legislation to adapt to the principles and mandates of the Convention, so its ratification in Brazil in February 2021 opened a new scenario for anti-racist discourse and activism in the country, where 55% of the population is Afro-descendant. However, at the same time, an important challenge is configured, which is to guarantee its effective implementation. At Race and Equality, we have acquired the commitment to provide technical assistance to both civil society and the State so that the CIRDI becomes a reality in Brazil.

Notably, police brutality accounts for a large proportion of the murders of Afro-Brazilian men and women, including Afro-transgender women. The Brazilian Forum of Public Security documented that “the mortality rate in 2019 due to police interventions was 183.2% higher for Afro-descendants than for whites.” Along the same lines, the Brazilian Public Security Yearbook documented that Afro-descendants are the greatest victims of police lethality; in 2019, 79.1% of the victims of police interventions were Afro-descendants, while 20.8% were white.

We see then that, both at the universal level and at the inter-American level, there are strengthened and innovative mechanisms for the defense and protection of the rights of the Afro-descendant population. This is, without a doubt, a great step towards the elimination of racism and racial discrimination, since for this there has been a process of reflection and evidence of the causes, manifestations, and consequences of these evils in different areas of society. We are now faced with the task of appropriately and effectively implementing these instruments. Such a mission not only corresponds to the States as responsible for the adherence and implementation of the mechanisms, but from civil society and from the international community there must be the responsibility to follow up on these processes.

At Race and Equality, we firmly believe that these new mechanisms, added to those that have existed for several years, represent an opportunity to make visible and improve the human rights situation in the region, in the short and medium term. Therefore, we reaffirm our commitment to continue strengthening the capacities of civil society organizations so that they undertake advocacy and monitoring processes in the adoption and implementation of these instruments. In the particular case of the CIRDI, we call on States to ratify and implement this important Convention in terms of human rights, as well as activists and organizations to establish strategic routes to influence the ratification and implementation of the Inter-American Convention against Racism in their respective countries.

8M-International Women’s Day: Recognize and protect women’s leadership from an intersectional perspective

Washington DC, March 8, 2022. – The fight of women for their rights has been tireless. Although Latin America is going through critical moments in terms of democracy, human rights and security, women remain firm in the process of denouncing the violence they face and advocating for structural changes. This International Women’s Day, the Institute on Race, Equality and Human Rights (Race and Equality) wants to draw attention to the importance of recognizing and protecting women’s leadership, and that this be done at all levels of society from an intersectional perspective.

We recognize that women’s life experiences are directly influenced by their gender, as well as other characteristics such as their race or ethnicity, their gender identity and expression, and the role they play in society. In this way, women human rights defenders, Afro-descendants, indigenous, lesbian, trans and women journalists, to name a few, face particular situations when exercising their leadership or their professions, which often threaten their integrity and put their lives at risk.

Below, we provide an overview of the specific problems faced by different groups of women in the region. At the same time, women from Nicaragua, Brazil, Colombia, Cuba, Peru, and the Dominican Republic offer their perspectives on how their activism and professional work are marked by the adverse contexts that prevail in their countries.

Defending Rights in a Dictatorship

Women have been active subjects and protagonists in the defense of human rights and in civic resistance since before the social unrest in Nicaragua in April 2018. In the current context, characterized by systematic state and parapolice violence, women defenders, activists, and journalists are targets of persecution, harassment, siege, threats, and deprivation of liberty. These attacks expose them to even greater risks because of their gender.

According to records from the Nicaraguan Initiative of Human Rights Defenders (IND) and the Autonomous Women’s Movement (MAM), since the beginning of the crisis in April 2018, at least 109 women defenders and activists have been arbitrarily detained, and there have been more 4,000 attacks on defenders. On the other hand, at least 12 released women have reported having been victims of some type of rape, among other attacks; and 13 women (5 of them older adults) continue to be deprived of liberty for political reasons and without adequate medical care in detention centers.

The President of the Nicaraguan Center for Human Rights (CENIDH), Vilma Núñez de Escorcia, affirms that, historically, women political prisoners have suffered serious differentiated aggressions within detention centers. She recalls that, as a political prisoner of the Somoza dictatorship, her greatest fear was that “she would be transferred to the Somoza State Security Directorate, where there was a history of sexual violations of political prisoners.” Now, she denounces that the government of Ortega and Murillo, through “perverse police officers” subjects women political prisoners to isolation, incommunicado detention, prolonged interrogations, and other forms of psychological and physical torture. She cites the cases of Suyén Barahona, Tamara Dávila, Dora María Téllez, and Ana Margarita Vijil, who have spent almost 9 months in isolation cells.

Ana Lucía Álvarez, who is a human rights defender and a relative of three political prisoners, explains that women defenders are victims of sexualized attacks such as touching, nudity, sexual torture, network dismantling, among others. Likewise, she denounces that “in one of the trials of a political prisoner, the prosecutor’s narrative was related to whether she had a partner, whether she had had sexual relations with this or that person. These are narratives that do not appear in the trials of men who are political prisoners but do appear in the trials of women who are being prosecuted and criminalized,” she concludes.

Fighting and Surviving Transphobia 

In Brazil, where civil society organizations constantly denounce the wave of violence against human rights defenders, in addition to being the country with the most murders of trans people in the world, trans women who hold public office face hate speech and lack of State protection every day. “In the 2020 elections, some 30 trans/transvestite women were elected and in the exercise of their mandates their lives are threatened, which demonstrates and justifies that we are (…) in dispute over the social project,” says Ariela Nascimento, a trans woman and parliamentary adviser to Councilwoman Benny Briolly (Niterói-RJ), who is also a trans woman.

Ludymilla Santiago, a trans leader for more than 13 years who raises her voice for women’s rights from a non-binary and inclusion perspective, points out that the issue of identity is very important for trans women and that the discourse on being a woman goes far beyond current social impositions. “We must evolve and make this diversity more and more represented to break the patriarchal hegemony,” she says.

Confronting Violence and Racism

The armed conflict in Colombia—whose greatest impact has been in areas with Afro-descendant populations—has differentially affected Afro-descendant women in the country. Among the main effects is sexual violence. According to figures from the Single Registry of Victims, 20% of all women victims of sexual violence are Afro-descendants. Luz Marina Becerra, representative of the Coordination of Displaced Afro-Colombian Women in Resistance La COMADRE, emphasizes the gaps of inequality, racism and discrimination that black, Afro-Colombian, Raizal, and Palenquera women have to face, thus making it impossible to effectively enjoy their rights.

The COMADRE has been requesting the State to comply with Resolution No. 2016-244846 for 5 years now, through which its registration in the RUV was ordered and it was recognized as an ethnic subject of collective reparation under the terms of Decree Law 4635 of 2011. However, after 5 years and numerous requests to start with this route through prior consultation, they have been denied by different state agencies, ignoring their fundamental rights.

Practicing Journalism to Resist Censorship and Violence

According to the Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur on Freedom of Expression, Cuba is the country in Latin America with the fewest guarantees for the exercise of freedom of expression and, therefore, freedom of the press. The independent press on the Island constantly faces government censorship, harassment, and repression and, in the midst of this reality, women journalists suffer different impacts.

In the “Paper Democracy” report, the organization Article 19 reports “systematic and generalized attacks that are implemented to suffocate journalism.” It details that, during 2019, they documented that a journalist on average could be attacked up to five times in a year, but in 2020 the average increased to six times and, in 2021, it rose to eight times. And in the case of women, this situation is aggravated, since on average a journalist was attacked eight times a year in 2020 and up to 11 in the first half of 2021.

On repeated occasions, the journalist María Matienzo has been the target of interrogations, harassment, and smear campaigns on social networks in which her gender and gender expression are the focus of attack. She considers that practicing journalism in such an adverse context does not make her an activist, but she is clear that this profession forces her to cross the borders of writing and ends up accompanying other women who have suffered violence. “Hopefully saying what you think in the midst of so much adversity is some kind of leadership because sometimes we have no choice but to disagree if we want to live with some dignity,” she says.

Advocating for Equality

In Peru, lesbian women are joining forces to achieve the adoption of policies in favor of their rights to equality and non-discrimination. In the recent CEDAW Committee review of the State, a coalition called #LesbianasCEDAW advocated for this body to make specific recommendations on their rights, based on the main problems they face. One of their demands is to strengthen and implement the comprehensive sex education policy that recognizes lesbian children and adolescents as subjects of rights, in order to prevent and address all forms of violence.

Likewise, they demand that the Congress of the Republic modify article 234 of the Civil Code through the approval of legislative initiative 525/2021-CR, a bill on same-sex marriage, and that the National Registry of Identification and Civil Status (RENIEC) apply article 2050 of the Civil Code, which establishes the recognition of rights acquired abroad; the latter due to the non-recognition of the marriages of lesbian women who marry outside the country and of their children.

“In the Peruvian case, feminist lesbians have contributed to expanding the essential content of the right to equality and non-discrimination to incorporate the prohibition of discrimination based on sexual orientation and gender identity. Likewise, to understand that lesbians and women in general do not want to be equal to men, but rather we think about equality considering differences and access to freedoms, rights, goods, and power,” says María Ysabel Cedano García, a Quechua lesbian feminist socialist.

Accompanying Discriminated Migrant Women

In recent months, the Government of the Dominican Republic has been criticized for the application of a measure that consists of deporting pregnant Haitian women. To date, some media reports the deportation of between 200 and 300 women in this condition. This situation has become a new cause of concern for the Dominican-Haitian Women’s Movement (MUDHA).

In this sense, Jenny Morón, from the Legal Department of said organization, shares that she feels privileged to have the opportunity to raise her voice on behalf of other migrant women who suffer this and other types of violence. “When I speak for women, I speak for my generation, for my offspring, I think I am building a foundation for my daughter and granddaughters to live in a world that is less discriminatory and more equal,” she affirms.

This International Women’s Day, from Race and Equality, we express our utmost admiration and respect for the work carried out by thousands of women for the recognition and guarantee of their rights. We will continue accompanying them. We also call on States to adopt laws and policies that protect their activism and professions in line with international human rights standards and, in addition, respond to their demands; all this taking into account that women are diverse and that their life experiences are marked by their characteristics and the roles they play in society. We ask the human rights systems to be protagonists in the development of national and regional standards for the protection of women, offer technical assistance to States for the adoption and implementation of the same, and recognize the diverse and intersectional identities of women.

Salgueiro Massacre – Brazilian black population calls for help!: Race and Equality condemns genocide against the black population and calls to guarantee the life of black people

Brazil, November 25th 2021 – On the basis of the International Declaration of Human Rights, according to which life is an inalienable right, Race and Equality urges the international community to pay attention to police violence taking place in Brazil. We denounce yet another massacre taking place during the global pandemic, in the city ​​of São Gonçalo, in Rio de Janeiro. It is important to mention that the black movement considers that violence resulting from structural racism in Brazil must be seen as genocide against the black population. In fact, when analyzing the situation of the Brazilian black population in its country report, the Inter-American Commission on Human Rights (IACHR) mentions that there appears to be a process of “social cleansing, aimed at exterminating sectors considered “undesirable””, which happens with state support. [1]

A year ago, and on the eve of Black Consciousness Day, João Alberto was brutally murdered by property security agents in Carrefour market [2]. In 2021, the trend of violence against black and poor bodies is repeated a day after the same date that calls out to society for a conscience about black struggle and freedom. If the State ignores the anti-racism agenda made in favor of its people, how will we build a black history that does not include pain, suffering and violence? The result of this policy of fear and terror is yet another bloody killing: the Salgueiro Massacre.

On Monday, November 22, residents of the favela complex located in São Gonçalo, metropolitan region of Rio de Janeiro, woke up recovering bodies in the community’s mangrove swamps. So far, nine bodies have been found (residents say 20) [3], both men and women, and even an elderly woman who was shot in the arm. In addition, residents denounce that many innocent victims lost their lives in retaliation for the death of a police officer. The reports of this massacre are from mothers who had to remove the bodies of their family sunk in the mangrove swamp. No weapons were found among the bodies [4]. Orphaned families from yet another tragedy that could have been avoided if the Military Police of Rio de Janeiro had not acted through revenge. Thus, we asked Governor Claudio Castro – who authorized the police operation?

We continue to denounce the State’s complete disregard of complying with the restrictions placed by the Supreme Court on police operations in the favelas of Rio de Janeiro during the pandemic, known as the ‘ADPF das Favelas’ throughout 2021. Institutional racism and police brutality continue to be the State’s daily exchange of life and death towards the black population. Tragedies are enumerated in black bodies this year; 21 dead in the Jacarezinho Massacre in May; 14 dead in the Salgueiro Massacre in November. Bullets, which are considered “lost” by the police, were found in a dead pregnant woman, Katheleen Romeo back in June.

Furthermore, data from the Rede de Observatório da Segurança (Security Observatory Network) serves to confirm the lethality of police intervention in Rio de Janeiro: In 2021, 71% of the killings in Rio de Janeiro were carried out by state agents, totaling in 128 deaths. A survey by the Instituto de Segurança Pública (Public Security Institute) corroborates this – from January to July, 811 people died in police actions, a 38% of total homicides and an increase of 88.2% over the same period last year. This figure represents the highest percentage in the last 15 years. [5].

Considering the facts, Race and Equality refers to the Inter-American Convention against Racism and Related Forms of Intolerance and calls the attention of all protection mechanisms under international law that have pledged to cooperate to prevent and punish acts of killings of vulnerable populations around the world. We urge that international law treaties be enforced in the face of the extermination policies of the Military Police and the acceptance of violence by Brazilian governments. The Brazilian black population asks for help, because, to ask for peace, it is first necessary to have the right to live.

Finally, we urge the Brazilian State to make the following recommendations:

1 – Urge the local government of the state of Rio de Janeiro so that those responsible for the Salgueiro Massacre do not go unpunished.

2 – The creation of laws and mechanisms with an intersectional and anti-racist focus to curb and punish violent police actions in favelas.

3 – The veto of the anti-terrorism bill, already approved by the Chamber and which is going to be approved by the Senate, whose proposal approves the exclusion of illegality for police officers during their operations and creates the secret police for the President.

4 – The construction of an educational anti-racism agenda for the military police and all national public security agents.

 

[1] http://www.oas.org/en/cidh/relatorios/pdfs/Brasil2021-en.pdf

[2] https://www.poder360.com.br/brasil/saiba-quem-era-joao-alberto-espancado-ate-a-morte-no-supermercado-carrefour/

[3] Official data not yet released

[4]https://extra.globo.com/casos-de-policia/resgatamos-os-corpos-nao-achamos-nenhuma-arma-fizeram-uma-chacina-diz-morador-do-complexo-do-salgueiro-25286728. html

[5]https://g1.globo.com/rj/rio-de-janeiro/noticia/2021/09/03/no-rj-38percent-dos-homicidios-foram-cometidos-por-policiais-em-7-meses- e-proporcao-bate-recorde.ghtml

Trans Day of Remembrance: An urgent call to combat transphobia in Latin America

Washington D.C., November 20, 2021. As we commemorate another year of International Transgender Day of Remembrance, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to draw the attention of States and the international community to the chilling numbers of murders of transgender people in the Americas – a reality that unfortunately places the region once more at the top of the list of most homicides worldwide. At the same time, Race and Equality wants to urge governments to prioritize issues of violence and discrimination against gender-diverse people and to adopt swift actions to combat transphobia.

On November 11, TGEU’s Transrespect versus Transphobia Worldwide (TvT) research project published its annual Trans Murder Monitoring (TMM) report, released every year on the eve of November 20, International Transgender Day of Remembrance. According to the data, between October 1, 2020, and September 30, 2021 there were 375 murders of trans people worldwide, of which 311 occurred between Mexico, Central and South America. Globally, the total represents a 7% increase from the previous report (October 2019 – September 2020).

Transphobic tragedy

In Latin America, Brazil continues to be the country with the highest number of murders against transgender people, followed by Mexico (65), Honduras (53) and Colombia (25)*. Regarding global figures, the TMM report highlights that 96% of the murdered persons were transgender women or transgender feminine persons, and 58% were transgender sex workers. This is a pattern that has been corroborated in the region by reports published by LGBTI+ organizations.

“The data indicates a worrying trend regarding the intersections between misogyny, racism, xenophobia and hatred towards sex workers, with the majority of victims being black and colored transgender women, migrants and sex workers,” warns TMM, which also alerts that these numbers are only a small sample of the reality, since many murders remain unreported, or are misidentified.

Lives taken away

Brazil, which represents 41% of the global murders against transgender people, also commemorates on this day the National Day of Black Consciousness. Therefore, November 20 represents a date among human rights organizations in the country – especially those working in the defense of the trans population and the black population – to honor both populations and coincides in the intersection of their vulnerabilities in the midst of a transphobic and racist society.

Brazil began 2021 with the brutal murder of a transgender teenager. In the early morning of January 4, Keron Ravach was stabbed and beaten to death by a 17-year-old who was identified and arrested as the perpetrator of the hate crime. The young woman, who was going through a gender transition process, was defined by her friends as a shy person, but who at the same time dreamed of being a social media influencer. According to the TMM report, the average age of trans people murdered in the last year is 30 years old, with Keron being the youngest of all victims, at just 13 years old.

Indolence and Impunity

In most cases of murdered transgender persons there is a history of violence and threats, but these are often ignored by the authorities or are not dealt with in a timely manner. As such, when the murder occurs, there is insufficient information to identify the person or persons responsible. This issue has been expressed by organizations who promote and defend the rights of the LGBTI+ population and was manifested in the murder of Gina Rodríguez Sinuiri on September 21, in Callao, Peru.

Gina, 28, was stabbed several times in a hotel room in the city. Although immediately taken to a hospital, she was pronounced dead 18 hours later. The suspect is a man who regularly solicited the services of transgender sex workers and contacted them through his social networks using different names. According to her companions, it was not the first time the man contacted Gina. In addition, Agencia Presentes, which is in charge of making visible the situation of the LGBTI+ population in Latin America and the Caribbean-collected statements from Gina’s partners, in which they pointed out that on several occasions they have approached the Peruvian National Police to report acts of violence against them but are always ignored.

On top of the authorities’ lack of action there is the fact that Peru does not have a Gender Identity Law, which means that transgender people cannot carry out procedures with their social name, and this exposes them to discrimination and mockery in various sectors of society. “We denounce to the authorities and the police, but they do not pay attention to us, and that is what makes us frustrated and angry. We have families, we are human beings with feelings. Every time we file a complaint, when we turn around, they put it away. The worst thing is that they laugh and throw us out,” said a colleague of Gina on that occasion.

Dying in Invisibility

Although the murders of transgender people are generally silenced, when addressing this issue reference is usually made only to transgender women, because statistics show that they are the main victims, which is undoubtedly a reality. However, transgender men are also the focus of violence and discrimination due to transphobia and, as in the case of trans women, this can become deadly for them. One such example is the case of Samuel Edmund Damian Valentin, a young transgender man who was shot and killed on January 9 in Trujillo Alto, Puerto Rico.

Samuel Edmund was a student at Atlantic University College, in Guaynabo. On January 1 he had written on his Facebook page, “a new year to come, grateful for all the experiences that [taught me] how strong we really are, to life, to good and evil and for all the justice that is to come.”

“About transgender men and invisibilization in the public sphere, the truth is that it is the violence we suffer the most. Everyday life is designed for cis-gender men; we cannot be guaranteed public health issues in a dignified and efficient way for us. It is important that our identities are named, that trans men or transmasculine people get pregnant. What is not named does not exist. If we exist in the spaces, let us exist in the word”, says Danilo Donato, transmasculine activist and member of the GAAT Foundation in Colombia. According to the record of this organization on death of trans people, so far this year 2021 in the country 32 have been killed to date, while 8 have died from complications arising from surgeries and handmade interventions and barriers to access to rights.

Hate at its maximum expression

Kendra Contreras, known as “Lala”, was a 22-year-old transgender woman who lived in the town of Somotillo, in western Nicaragua. Those who knew Lala say that she was a young dreamer, hard-working, with a desire to better herself and who wanted her gender identity to be respected. Sadly, on March 3, 2021, two men ended her life in an atrocious way; they tied her to a horse and let it drag her twice for at least 400 meters and then stoned her. This is the ultimate expression of hatred towards women, bodies and diverse identities in a highly macho society, such as the Nicaraguan one.

Unfortunately, that was not the only time they killed Lala, as they do it every time they disrespect her gender identity and call her by her “first name” when they refer to her as “man” in news reports. Many media outlets fail to properly handle these cases by focusing on information and prejudices that generate morbidity and revictimize the victims of transphobia and gender violence.

Urgent appeal

Every year, Race and Equality takes advantage of this date to remind countries of their obligation to respect and guarantee the rights of all people without any kind of discrimination. Regarding the situation of violence and murders against trans people, we make the following recommendations:

  • Monitor and publicly sanction transphobic speeches that often slip into the media and incur in calls for discrimination and violence against the trans population.
  • Adopt the necessary laws and policies to guarantee the recognition, respect and inclusion of people with diverse sexual orientation and gender identity.
  • Establish special mechanisms to respond to acts of violence and murders against LGBI and trans persons, which lead to the clarification of the facts and the punishment of those responsible, as well as the establishment of guarantees of non-repetition.
  • Collect data on acts of violence and murders against trans persons, disaggregated by specific gender identity and ethnic-racial identity.
  • Promote through the institutions and official channels a campaign to educate and sensitize the population on sexual orientation and gender identity, with a view to generating a context of recognition and respect for the integrity and life of LGBI and trans persons.

*In the case of Colombia, the Foundation Grupo de Acción y Apoyo a Personas con Experiencia de Vida Trans (GAAT) recorded 32 murders of transgender people so far in 2021.

Race and Equality celebrates the adoption of the UN resolution for the protection of african people and afro-descendants against police violence

Washington DC, July 15, 2021 – The Institute on Race, Equality and Human Rights (Race and Equality) celebrates the adoption, by consensus, of Resolution A/HRC/47/L.8 Rev.1, which aims to promote and protect African and Afro-descendants against excessive use of public force. This resolution was voted on at the 47th  General Assembly of the United Nations High Commissioner for Human Rights (HRC47), in which Michelle Bachelet, UN High Commissioner for Human Rights, presented her report on the subject, calling on member states to dismantle systemic racism and end police violence. This ruling is a historic step towards reforming systemic police brutality against the black population.

The Resolution establishes an international mechanism of independent experts to promote transformative changes to justice and racial equality. This mechanism should be composed of three experts with experience in law enforcement and human rights, who will be appointed by the President of the Human Rights Council, under the guidance of the High Commissioner. To this end, the mechanism must work closely with experts from international bodies and treaties.

Additionally, this same mechanism will be responsible for investigating the responses of governments to peaceful protests against racism and all international human rights violations, as well as contribute to accountability and reparation of victims. The mechanism will be presented to the UN Council annually, together with the High Commissioner, who will also present an annual report, to be declared at its 51st session in June 2022.

Furthermore, it should be noted that the adopted Resolution recognizes the legacy of slavery, colonialism, and the transatlantic slave trade of African peoples. This recognition dialogues with the 21-year-old Durban Conference, whose Durban Declaration and program of action cite the link between the past, present and future, recognizing that Afro-descendants continue to be victims of the consequences of slavery, the slave trade and colonialism. Thus, both documents call for the former colonial powers to assume the consequences of colonization and its impacts on today’s black population around the world.

In presenting her report, Bachelet reiterated that, “no state has taken full responsibility for the past or the current impact of systemic racism,” thus confirming the urgent need for measures to ensure an end to impunity and discriminatory policies. Thus, the promotion of racial justice and equality pervades the adoption of reparatory policies against systemic racism in Western nations affected by colonialism

In view of this resolution, we also praise the importance of human rights organizations and defenders who are part of the anti-racist struggle. Through their advocacy work, the committee against racial discrimination, the rapporteur on racism and the working group on Afro-descendants have made numerous recommendations to the UN system for the protection of human rights.

Towards a Global Transformative Agenda

The implications of Resolution A/HRC/47/L.8/Rev.1 of the Human Rights Council adopted by the UN are the results of a historical demand of the black population around the world. Michelle Bachelet’s mandate research under Resolution 43/1, provides concrete recommendations on the measures needed to ensure access to justice, accountability, reparation for excessive use of force, and other human rights violations against the black population. The case of George Floyd in the US brought to light racial debate versus police violence on a global level. Therefore, investigating the violent responses of governments towards peaceful protests against racism and supporting the victims of human rights violations was made as an urgent response from international mechanisms.

That said, the attack on democracy by the States is carried out as an attempt to weaken both the anti-racist struggle and the guarantee to fundamental rights. Therefore, among the pillars of reparations to African and Afro-descendant peoples is the establishment of independent monitoring mechanisms and standardized methods to report and review the use of force. Furthermore, data should be published and broken-down by race or ethnic origin of the victims, highlighting the racial profile, the cause of deaths and serious injuries that are related to the maintenance of order, and subsequent prosecutions and convictions.

Statement on Police and Political Violence in Brazil

On the occasion of the UN’s HRC47, Race and Equality with Brazilian and international human rights organizations, denounced the ongoing police and political violence in Brazil as a result of systemic racism. The neglect of the Brazilian government in the face of constant allegations of human rights violations, both in the political sphere and in the public and private spheres, highlights how the structure that supports the maintenance of racist practices is ingrained in its institutions, especially in those in which the state seeks to impose order through violence—the police institution.

Thus, Race and Equality in partnership with the Marielle Franco Institute (IMF), IMADR and Minority Rights, [1] denounced police violence against the black population in Brazil. The statement, delivered by Anielle Franco, Executive Director of the IMF, urges the United Nations to establish an independent and impartial mechanism within the police forces that will help ensure accountability and respect for human rights standards and ensure that all cases of disproportionate use of force are investigated. In addition, the statement highlighted the recent cases of the Chacina do Jacarezinho, in which the excessive use of police force resulted in the brutal murder of 25 black youths in Jacarezinho, a favela in Rio de Janeiro; and the case of Kathleen Romeu, a 24-year-old pregnant black girl, shot dead during an illegal police operation in the Lins Vasconcelos Complex, also a favela in Rio de Janeiro.

In another complaint to the UN Council, Race and Equality and The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Mundo), the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT) [2] was to denounce not only police violence, but also political violence that has haunted, delegitimized and silenced the Brazilian LGBTI+ population. The statement highlighted the case of Luana Barbosa, a black woman, mother and lesbian, brutally murdered by police in 2016, whose case was mentioned in Bachelet’s report. In addition, the implications of systemic racism traversed by sexism, makes the LGBTI+ population hostage not only of police brutality, which disrespects its gender identities in a violent way, but also hostage to the anti-gender agenda promoted by the current government, already institutionalized in the promotion of hate speech and closure of specific public policies that serve the LGBTI+ population.

Thus, it is worth remembering that the brutality of police violence in Brazil disproportionately affects the racialized population and people who express different genders. With the promotion of a state security policy that aims to eliminate these bodies, the system relies on the racist and LGBTIphobic structures and commands an eye-catching necropolitical project aimed at an agenda of ethnic-racial cleansing, promoting the genocide of the black population. Presented as a fait accompli by the government to disregard the injunction of the Supreme Court (STF) that restricts police operations in the city’s favelas during the COVID-19 pandemic, has resulted in more than 800 people killed by police since June 2020.

Responses from the States in the Region

In response to the complaints, the Brazilian state lamented the deaths cited by the High Commissioner’s report, making itself available to continue cooperating with the UN. Furthermore, the state informed that the justice system is investigating cases and intends to work on systemic responses and proposes to work specifically on human rights education for public authorities.

The Colombian government on the other hand, questioned the data presented on the murders of Afro-Colombian leaders and people during the National Strike, thus demanding that they be verified. In this way, it sought to delegitimize the protests that took place, emphasizing that the State does not tolerate violence by public servants that violate human rights— facts that can be proven both by media footage and by the constant denunciations of aggressions and deaths.

Race and Equality urges the States in the region to fully cooperate with the UN mechanism created to end impunity for racialized state violence; ensure accountability and remedies; and confront the roots of racism. In the case of Colombia, we express concern about the government’s negative response and our hope that the Colombian authorities will investigate and publicize human rights violations and killings against Afro-descendant defenders amid the National Strike protests.

As for Brazil, we hope that the State will follow up on investigations and on a human rights cooperation policy aimed at ending police violence and impunity for those responsible. We emphasize that Brazil needs to effectively implement the Inter-American Convention against Racism. Thus, we reaffirm our commitment to monitoring human rights violations by States and ensuring the implementation of this Resolution by the UN mechanism, so that it can work together with special procedures to strengthen accountability in the administration of racial justice. Finally, we believe that it is essential that the UN can ensure the participation of Afro-descendant peoples and communities in the formulation and implementation of States’ responses to systemic racism.

 

[1] Access the pronouncement: https://bit.ly/3yXYcfO (available only in English)
[2] Access the pronouncement: https://bit.ly/3r9WhC4 (available only in English)

Race and Equality launches a report to raise awareness around the Afro-LGBT population in Brazil, Colombia, Peru and the Dominican Republic to contribute to the recognition of their ights

Washington, D.C., June 30, 2021. – The Institute on Race, Equality and Human Rights (Race and Equality) launched on June 30, 2021 a report titled, “La deuda pendiente con la población Afro-LGBT en Brasil, Colombia, Perú y República Dominicana” (“The Pending Debt to the Afro-LGBT Population in Brazil, Colombia, Peru and the Dominican Republic”) with the aim of highlighting the violence and discrimination faced by this community on the basis of race, ethnicity, sexual orientation and gender identity or expression, and to contribute to the adoption of public policies for the recognition and guarantee of their rights.

This report is the result of systematized documentation carried out by Race and Equality based on reports presented by six partner organizations: Instituto Transformar Shelida Ayana and Rede Afro LGBT, from Brazil; Somos Identidad, Fundación Arco Iris de Tumaco y Conferencia Nacional de Organizaciones Afrocolombianas (C.N.O.A.), from Colombia; Ashanti, from Peru, and Trans Siempre Amigas (TRANSSA), from the Dominican Republic.

“With this report we seek to generate a conversation within the LGBTI+ movement and Afro movement to make visible the problems faced by Afro-LGBT people. We need to talk about racism within the LGBTI+ community and the LGBTIphobia within the Afro movement. Not only should we talk about inclusivity, but we must also show it and that starts with having these conversations,” said Zuleika Rivera the LGBTI Program Officer at Race and Equality.

For Narciso Torres, coordinator of Gender Equity and Sexual Diversity at the C.N.O.A., an important aspect of this report is that it provides a detailed overview of the violence and discrimination suffered by the Afro-Colombian LGBT population, which leads to the awareness of this situation and for States and civil society to take action to combat and prevent these abuses. “In addition, (it helps) to maintain hope for the transformation of coexistence between all,” he contended.

Sandra Milena Arizabaleta “Sami,” Director of the Afro-descendant Foundation for Social and Sexual Diversities (Somos Identidad), affirmed that in addition to the visibility of the realities that Afro-Colombian LGBTI people endure, the report points to the creation and implementation of public policies that respond to their demands. “We hope that this report will be publicized and approached by governments, and eventually become enforced state policies,” she expressed.

“This report allows us to create a dialogue between the government, legislative and legal sectors around the conditions of the Afro LGBTI+ Brazilian population, as well as provoke the human rights commissions of Congress to act, and to present requests to international organizations when we do not obtain a response from the State concerning our demands,” shared by Janaina Oliveira, from Rede Afro LGBT.

Regarding the experience of preparing Brazil’s data for this report, Eduardo Castro, from Instituto Transformar, indicated how his organization was able to learn from the different realities of trans and Cariocan women (people born in Rio de Janeiro). “Although the nucleus of members is mostly made up of trans and afro-transvestite people, the uniqueness of each experience, the regional specificities, the negotiations narrated by the subjects involving actors such as trafficking, the police, health workers or even university colleagues, marked the diversity of these experiences,” he commented.

The report includes a series of recommendations addressed to States, civil society and the human rights mechanisms of the Inter-American and United Nations system, all aimed at protecting and promoting the rights of the Afro-LGBT population in the region. Recommendations made to States include:

  • Sign and ratify the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.
  • Take measures to collect disaggregated data on the population according to ethnicity, sexual orientation and gender identity.
  • Create new participation mechanisms and strengthen existing ones, so that Afro-LGBT people actively participate in the design and implementation of public policies that directly concern them.

 As of today, the report can be accessed and downloaded from the Race and Equality website using the following link: http://oldrace.wp/wp-content/uploads/2021/06/Informe-Afro-LGBT_May2021.pdf (In Spanish only).

“Loving and Resisting from Diversity:” Race and Equality Celebrates LGBTI+ Pride Day

Washington D.C., June 28, 2021.- To commemorate this LGBTI+ Pride Day, The Institute on Race, Equality and Human Rights (Race and Equality) chose the slogan “Loving and Resisting from Diversity.” This slogan pays tribute to LGBTI+ organizations and activists who each day wage a powerful struggle to combat discrimination and violence, and move towards the recognition of their rights despite living in a context as adverse as Latin America and the Caribbean when it comes to human rights.

Although there has been little progress in the region in terms of recognizing and guaranteeing rights for LGBTI+ people, we want to exalt the great capacity to love and resist that people with diverse sexual orientation and gender expression or identity continue to sustain, when facing a society that attacks, excludes, and humilitaes them, in addition to increased attacks and instensified hate speech.

On this day we cannot refrain from remembering the Stonewall riots carried out in rejection of the police raid that took place in the early hours of June 28, 1969, in a bar known as Stonewall Inn in the New York neighborhood of Greenwich Village; this location is where LGBTI+ people used to meet. A year later that date would be declared as LGBTI+ Pride Day as a way to reclaim and celebrate the struggle for freedom and respect for the rights of this community.

Progress and Challenges

In the beginning of this month of June, the Prosecutor’s Office of Salta, Argentina, confirmed that the skeletal remains found by a day laborer and his son in a desolate area north of the city corresponded to Santiago Cancinos, a young trans man who disappeared in May 2017, who reported he was being bullied by his school and classmates.

This is one of the most recent and shocking events. However, when it comes to violence and discrimination, Latin America and the Caribbean accumulates a long list of episodes ranging from threats and verbal assaults to police brutality and murder. Hate crimes that in most cases remain unpunished-  this lack of will and judicial mechanisms only generates more negligence among authorities when making justice a priority.

LGBTI+ and human rights organizations closely followed the case of Vicky Hernandez v. Honduras, in which the Inter-American Court of Human Rights (IACtHR) determined the State’s responsibility for the alleged extrajudicial execution committed against Hernández in June 2009, which occurred in the midst of the tense socio-political context generated by the coup d’état that year. This set an important precedent of ensuring the application of justice in future cases of violence against LGBTI+ persons at the regional level.

With respect to the COVID-19 pandemic, we see how the situation of vulnerability of this population is exacerbated, as the health emergency deepens conditions of inequality in the fields of health, social assistance, education, work, among other inequalities. In addition, States have not taken into account the LGBTI+ realities of discrimination and institutional violence against gender nonconforming and trans people. For instance, in Colombia, people with diverse gender identity or expression were left in limbo with policies like “pico y género.”[1]

However, the commitment to fight for a more just and equitable society for all people has also led to celebratory results in the last year, like the approval of equal marriage in Costa Rica. We are slowly witnessing the progress of campaigns and bills for the recognition and guarantee of the rights of LGBTI+ people. In Argentina on June 11, the Chamber of Deputies approved the bill that guarantees the trans-transvestite labor quota. The so-called Diana Sacayán – Lohana Berkina Law, who were recognized defenders of the formal trans and transvestite labor inclusion, was passed with 207 positive votes, 11 negative votes and seven abstentions.

Let us celebrate!

Race and Equality spoke with LGBTI+ activists from different countries in the region and asked them about the importance of celebrating LGBTI+ Pride. These are their answers.

Christian King, trans non-binary activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: For me, celebrating LGBTIQ+ Pride Month is nothing more than claiming my personhood, and at the same time reclaiming all the people who have fought, who have lost their lives making themselves visible, those people who have led us to enter this movement of struggle and recognize ourselves as members of the LGBTIQ+ community, and to demand that the State recognize our rights.

Agatha Brooks, trans activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: Celebrating Pride Month is to make ourselves visible as the rainbow flag represents each of us, we are a brand that grows more and more every day. We become more visible so that equality becomes present in our communities, in our country and throughout the world

Darlah Farias, Coletivo Sapato Preto – Brazil: Celebrating LGBTI+ Pride is celebrating the life of this population. Not just the lives that struggle today, but all the lives lost so that we could be here. Principally I, as an Afro and lesbian woman, carry all my ancestry with me and understand that our struggle is forged in revolution and reinvention.

Thiffany Odara, FONATRANS – Brazil: Celebrating LGBTI+ Pride is celebrating the right to life, my existence, the right to be who I am, it’s celebrating the memory of my ancestors. Celebrating who I am is the greatest challenge for Brazilian society. The challenge of resisting to guarantee policies of social equity. Long live the LGBTI+ Pride Movement! I’m proud to be who we are!

Gael Jardim, Trascendendo – Brazil: Celebrating LGBTI+ Pride Day is about making a real difference. It’s remembering that this day was born out of a revolt so that people can have the right to exist in society, and no longer in ghettos, closets or exclusion. To celebrate Pride Day is to give visibility to our cause and our struggle, which is not a day but a whole year of citizenship.

Santiago Balvin, nonbinary transmasculine activist and member of Rosa Rabiosa – Peru: Pride for me is important because society has imposed feelings of guilt and shame on who we are, but we rise up against them by showing pride in who we are and by showing ourselves in an authentic way. It is also very important to know that we have been in hiding and that visibility has been important to be able to show ourselves, and also give voice to our problems.

Leyla Huerta, founder and Director of Féminas – Perú: Celebrating Pride Day is very important to me. It’s the day in which we recognize ourselves as brave, strong and resilient. It is also a date of commemoration for all those people who are no longer with us, and who, due to their sexual orientation and/or gender identity, were exterminated because that is the word that best fits our disappearances. A society that does not recognize us, a society that limits us in our own development, it does just that: exterminates us. Pride Day, as the word conveys, is a day in which we should be proud because we are here, resisting, advancing and educating.

Roberto Lechado, independent comedian – Nicaragua: Celebrating Pride Month is to celebrate life, but also to recognize myself as part of a community and remind myself that I’m not alone and that’s a super nice feeling. It is also reminding myself that it is okay to be the person I want to be, that my love is valid and valuable, and my existence is magnificent and important. Celebrating Pride is also for me, to make visible these colors that many times in the day to day become opaque, and to say to society “we are here, we exist, we deserve, and we matter!”

Miguel Rueda Sáenz, director and founder of Pink Consultores – Colombia: For me, celebrating gay pride means a lot of things. There’s an important historical force, it also shows community and group strength and fundamental social aspects, and it has an enormous personal stance as it recognizes me as a gay man, this day allows me to shout even louder. It is very important for me on June 28 to be able to celebrate who we are and why we exist.

Lesley Wolf, actor, dancer, and BA in Performing Arts – Colombia: Celebrating LGBTI Pride is more than a celebration, it turns into a demand for resistance. It’s re-signifying and dignifying a struggle that not only costs us nor takes us just a month, but a whole year, it’s a constant activity.

María Matienzo, activist and Independent Journalist – Cuba: For me to celebrate Gay Pride Day is to celebrate the claim of rights that we should all have as citizens of the world, although it’s not really a matter of one day, it should be a matter of a lifetime.

For Race and Equality, it is an honor to know and accompany the work that is being carried out, individually and collectively to defend and promote the rights of the LGBTI+ population. Denouncing the violence this population faces in different areas of society, making visible and documenting their realities and demands, and strengthening their capacities to influence Sates and the human rights mechanisms of the Inter-American and United Nations system.

For us, celebrating LGBTI+ Pride Day means reinforcing and renewing our commitment to working for a more just and equitable society for all people, without any discrimination. In addition, it represents an opportunity to make recommendations to States aimed at protecting and promoting the rights of the LGBTI+ population:

  • To implement educational campaigns on sexual orientation and gender identity, aimed at making people in all areas of society aware of and respect the diversity of the population.
  • To collect disaggregated data with an intersectional focus on the LGBTI+ population, including information on the violence they face.
  • To train authorities, mainly justice operators, health and education providers, so that LGBTI+ people can access these basic services without discrimination and without restrictions based on prejudices about sexual orientation and gender identity.
  • Adopt policies and laws that allow LGBTI+ people to fully enjoy their rights, such as the gender identity law.
  • Sign, ratify and implement the Inter-American Convention Against All Forms of Discrimination and Intolerance.

[1] “Pico y género” was a sex-based quarantine measure temporaily implemnted in Bogotá and Cartegena, where women and men were allowed out for essential tasks on alternating days of the week; trans women and men could go out according to their gender identity. However, the policy resulted in some 20 cases of targeted discrimination against trans people.

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

Race and Equality Calls On The Colombian Government To Cease Repression Against Citizens Peacefully Protesting And To Comply With Its International Human Rights Obligations

Bogota, Colombia. May 4, 2021 – The International Institute on Race, Equality and Human Rights (Race and Equality) expresses grave concern at the human rights violations resulting from the Colombian government’s response to demonstrations carried out in various parts of the country, beginning April 28 and continuing to this day.

The NGO Temblores has recorded 1,181 incidents of human rights violations between April 28 and May 3 linked to the use of force by the police, in particular by agents of the anti-riot police (Escuadrón Móvil Antidisturbios, ESMAD) who have been deployed by the national government in numerous cities across the country. Among these incidents, 26 homicides have been committed at the hands of public security forces along with 988 reported arbitrary detentions, documented by the Defending Liberty is a Matter for All campaign (Defender la Libertad: Asunto de Tod@s). Additionally, numerous instances of sexual violence, ocular injuries, and forced disappearances have been reported in the context of the protests.

We also strongly denounce attacks against a verification mission composed of various community organizations, officials of the United Nations High Commissioner for Human Rights (UN OHCHR), and the Attorney General’s office on the night of May 3 in the city of Cali. According to a communication issued by the Defending Liberty is a Matter for All campaign (Defender la Libertad: Asunto de Tod@s), the attack took place at around 8:40pm as the mission was arriving at the Fray Damián Police Station to carry out a checkpoint. As they proceeded, some officials abused them verbally and physically while firing their weapons.

Use of disproportionate police force worsens the situation

We are deeply concerned at the State’s decision to deploy anti-riot police (ESMAD) in the main cities (Bogota, Cali, Medellin, Neiva, Ibague, Barranquilla, Bucaramanga, Cartagena, Acacias, and others), where the highest number of human rights violations have been reported, thus discarding the possibility of peaceful and negotiated dialogue with civil society. This reckless response presents a threat to the safety and security of the protesters. We denounce all acts of aggression and the use of violence by the National Police against human rights defenders and condemn the incidents that took place the night of May 3 against the human rights verification mission.

According to parameters set by the Inter-American Court of Human Rights on the use of excessive force in the context of social protests “(…) preserving domestic law and order and citizen security primarily corresponds to civilian police forces.” The Court has also reiterated that armed forces may be involved in law-and-order tasks in exceptional circumstances, so long as their involvement remains “(a) extraordinary – so that all interventions are justified, exceptional, temporary and restricted to what is strictly necessary given the circumstances of the case; (b) subordinate and complementary – to the work of civil forces, without their labor extending into the own institutions of law enforcement, judicial or ministerial police; (c) adequately regulated – by way of legal mechanisms and protocols on the use of force, under the principles of exceptionality, proportionality and absolute necessity, and according to the respective training on the subject; and (d) supervised by competent civil bodies that are independent and technically capable.”[1]

According to the Inter-American Commission on Human Rights (IACHR), “it is essential that there be a clear and specific separation between domestic security, which is the role of the police force, and national defense, which is the role of the armed forces. These two institutions are fundamentally different in terms of both the purposes for which they were created and the training that their members receive. The history of the Americas has shown that intervention by the armed forces in domestic security matters usually goes hand-in-hand with human rights violations and violence. Experience thus advises against armed forces intervening in domestic security matters as this entails the risk of human rights violations.”[2]

Considering the above, and amidst the current situation gripping Colombia, Race and Equality calls on the Colombian government to put a stop to the repression of protests, reminding the government – on the basis of their obligations to regional and international standards on domestic security – that the use of armed forces in domestic security matters must only be in exceptional instances and, when used, be extraordinary, subordinate, complementary, adequately regulated, and supervised.

Race and Equality emphasizes the urgent need to open a space for national dialogue with all actors involved, and calls on the Colombian state and the international human rights community to:

  1. Adopt all mechanisms for monitoring compliance with international human rights standards on the right to protest peacefully, by way of local institutions, civil society, and international human rights bodies and organizations.
  2. Provide guarantees and protection for exercising the defense of human rights, including civil society’s efforts to support and monitor peaceful protest.
  3. Carry out all necessary investigations on episodes of abuse and violence by police and state security forces in the context of the protests.
  4. In the case of the IACHR, the UN Treaty Bodies and Special Procedures Mandates, and other international human rights bodies – to denounce the situation in Colombia and strengthen their monitoring mechanisms; and to accelerate actions to push the Colombian government to comply with its obligations to observe international standards on guaranteeing peaceful protests, with the support from human rights organizations working in Colombia.

[1] I/A Court H.R., Case of Alvarado Espinoza et al. v. México. Merits, Reparations and Costs. Judgment of November 28, 2018. Series C No. 370., p. 177. (Spanish Only)

[2] IACHR. Press Release. Preliminary Observations and Recommendations Following Historic On-Site Visit to Monitor the Human Rights Situation in Venezuela. May 8, 2020. Background.

Colombia: Race and Equality and Partner Organizations Present the First Report to the Truth Commission on the Impact of the Armed Conflict on the Afro-LGBT Population

The International Institute on Race, Equality and Human Rights (Race and Equality), the Corporación Caribe Afirmativo, Afrodescendiente por las Diversidades Sociales y Sexuales (Somos Identidad) Foundation, and the Arcoíris de Tumaco Foundation, with the support of the Canadian government, formally delivered to the Commission for the Clarification of Truth, Reconciliation and Coexistence (CEV) the report, “They Told Us: You’re not just Black, but Maricas Too. Experiences and Impacts of the Armed Conflict on Afro-LGBT People in Southern Bolívar and the Colombian South Pacific.” The event took place virtually on March 30 and was broadcast live on the Truth Commission’s social networks and YouTube channel.

The report was motivated by the need to contribute to the recognition by the Truth Commission, state institutions and the greater society of the aggravated forms of violence, discrimination, and exclusion that Afro-LGBT people faced. Such violence, discrimination, and exclusion are due to the intersection of vulnerabilities associated with ethno-racial, sexual orientations and diverse gender identities, and conditions of socio-economic marginality in the midst of the Colombian armed conflict in Southern Bolívar and in the Colombian South Pacific.

The evented was attended by Carlos Quesada, Executive Director; Zuleika Rivera, LGBTI Program Officer; and Laura Poveda, LGBTI Consultant in Colombia. From partner organizations, Cindy Paola Hawkins, Lawyer of the Area of Peace and Armed Conflict of Caribe Afirmativo; Justo Arévalo, President of Arcoíris de Tumaco; Sandra Milena Arizabaleta, Legal Representative of the Somos Identidad Foundation, and Andrés Quiñonez, Lawyer of the Arcoíris de Tumaco Foundation.

Salomé Gómez Corrales, Coordinator of the Gender Working Group of the Truth Commission; Sonia Londoño, Director of Ethnic Peoples, Nikita Simonne, Gender Working Group Analyst all received the report for the CEV.

Carlos Quesada began the event by thanking the members for delivering this report, especially to the Afro-LGBT victims for their courage in coming out and sharing their stories. He highlighted the work that has been done with Race and Equality which serves as a bridge between victims, their life experiences and the transitional justice created by the Peace Agreement.

THE REPORT

The report is the end result of the three partner organizations and is focused on the work regions of each organization: Southern Bolívar, Cauca, Valle del Cauca, and Nariño. In the report the organizations focused on the period between 1998 and 2014, this allowed for the construction of a matrix of cases. The organizations monitored the media relating to the context of the armed conflict and the human rights situation of Afro-LGBT people.

Cindy Paola Hawkins, from Caribe Afirmativo, emphasized the importance of the Afro resistance process in the southern department of Bolívar. She noted the connection between the displacement of Afro-communities from Cartagena to the south and the State’s abandonment, the poverty and poor management of resources Afro-communities face, a situation that foments their victimization by armed groups.

Hawkins expressed, “This territorial context places peoples of African descent in conditions of vulnerability and precariousness, which were exacerbated and deepened in the context of the armed conflict, an environment that was also full of hostility to the LGBT people. Being Afro and lesbian, gay, bisexual or transgender, place victims at greater risk, vulnerability, marginality and exclusion when faced with the burden of racist, sexist, heteronormative and cisgender prejudices and imaginaries.” Hawkins specified how paramilitary groups and the National Liberation Army (ELN) used intimidation and violent strategies such as threats, sexual violence, forced displacement and femicide to persecute and attack Afro-LGBT people.

THE NEED FOR AN INTERSECTIONAL FOCUS

“You can’t conceive of a divided or fragmented identity, you inhabit the territory being Afro-LGBT as a whole,” said Laura Poveda, LGBTI Consultant for Race and Equality in Colombia, alluding to the importance of self-recognition in understanding people’s lives. Poveda stressed that the analysis of the intersection of multiple and simultaneous discriminations allows for the recognition of diversity in the territories. In addition, she expressed that it should be understood that victims have forged their identity in different ways.

Justo Arévalo, President of the Arcoíris de Tumaco, described the context in their region, and denounced the normalization of multiple forms of violence against the Afro-LGBT people in their territory. “Being gay, lesbian, bisexual, or transgender and being black, adding coming from a rural region and in some cases disabled, poor, with or without little education in a territory without access to fundamental rights, historically forgotten, is a reality.” He pointed out that only now and after overcoming their fears, many people raised their voices and shared their testimony, but much remains to be said.

Sandra Milena Arizabaleta, from the Somos Identidad Foundation, made an analysis of the particularities of violence in her territory (Cauca and Valle del Cauca), emphasizing the importance of recognizing that all armed actors have violated the black community and that this violence, accompanied by constant State abandonment, has led these communities to displacement and eviction from their territories.

The lawyer from the Arcoíris de Tumaco Foundation, Andrés Quiñonez, articulated what should be the focus of the exercise of truth-seeking and non-recurrence of violations of the rights of Afro-LGBT victims. “The exercise should be aimed at the Colombian State and society recognizing prejudice and discrimination based on sexual orientation and diverse gender identity as the main pattern in which violations of the rights of Afro-LGBT victims are based.”

At the close of the event, the Truth Commission shared its impressions. Salomé Gómez, Coordinator of the Commission’s Working Group on Gender, highlighted the report’s contribution to the analysis of violence based on prejudice, as well as the importance of including an intersectional approach. Sonia Londoño, Director of Ethnic Peoples of the Commission said, “This work is fundamental for the Commission, because it allows us to fill the intersectional approach with content.” Nikita Simonne, Gender Working Group Analyst, closed the discussion with the following words, “To make invisible other expressions of body, gender and sexuality is in itself a colonial action,” and also made a call to understand that the effects of the conflict are systematic and systemic and seek to annihilate the different.

Race and Equality expresses its gratitude to the civil society organizations who prepared this report, as well as the Truth Commission for allotting the space to present the impact of the Colombian armed conflict on the Afro-LGBT population, in the hopes that this report will contribute to the clarification of the truth, and the search for justice and non-repetition of these human rights violations. In this regard, we reiterate the following recommendations:

  1. That the final report of the Truth Commission explicitly recognizes Afro-LGBT persons as victims of the armed conflict.
  2. Such recognition should investigate how prejudice and the invisibility of Afro-LGBT people exacerbated the consequences of the armed conflict, highlighting the differential impacts.
  3. That the Commission integrates specific recommendations in its final report for overcoming the invisibility of the Afro-LGBT population and for its due attention.
  4. That the Commission integrate an intersectional approach in the mechanisms for socializing the report and in the mechanisms established to follow up on its recommendations.

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