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

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

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

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

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

The report

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

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

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

The evolution of CEDAW

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

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

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

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

An intersectional discussion of discrimination

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

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

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

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

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

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

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

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

The recording of the webinar can be found here.

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

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

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

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

The killing of George Floyd

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

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

COVID-19: a multiplier of inequality

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

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

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

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

Anti-LGBTI violence and hatred

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

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

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

Human rights defenders continue to be murdered

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

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

Repression of civil society

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

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

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

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

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

 

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

World AIDS Day: Race and Equality calls for Brazil and Colombia to guarantee equality in HIV treatment

This December 1, the International Institute on Race, Equality and Human Rights (Race and Equality) honors and stands in solidarity with all people living with HIV on World AIDS Day. Established by the World Health Organization (WHO) in October 1987, with support from the United Nations (UN), the date aims to raise awareness and promote dialogue on sexual rights in an inclusive and responsive way for HIV prevention. In addition, this date aims to break stigmas about the reality of people living with the virus, being a day of visibility and solidarity.

Brazil: Structural racism and LGBTIphobia as barriers in the treatment of AIDS

In Brazil, throughout the month of December, the “Red December” awareness campaign is celebrated, symbolized by a red ribbon that, globally, represents solidarity and commitment in the fight against AIDS. However, the country, that was once a world reference for the treatment of AIDS, currently faces a dismantling of the Unified Health System (SUS) accompanied by setbacks in public policies such as governmental decrees that have demoted departments dealing with the monitoring and prevention of sexually transmitted diseases, under which HIV is considered.

In its chapter on the right to health, the report “What is the color of the Invisible? The human rights situation of the Afro-LGBTI population in Brazil”, published by Race and Equality, provides data that explains the worrisome advancement of HIV / AIDS in the country [1]. As the document points out, structural racism and LGBTIphobia combined with the advancement of religious conservatism, constitute obstacles to the equal treatment of HIV for the entire population. The State’s lack of responsibility in the face of a moralistic discourse, incites society to prejudiced and LGBTIphobic practices when facing the fallacy that HIV is a virus that only infects homosexual people. As a result, any discussion on sex education was eliminated from schools.

According to the report, between 2007 and 2017, there was a 700% increase in HIV infection rates among people ages 15 to 24. This data is from the previous government, but it is known that due to the advancement of religious conservatism, currently, there are explosions of HIV cases among young people and adolescents who have not had access to the necessary public health information. Additionally, the report shows the impact of racism on healthcare and treatment, evidenced by the large discrepancy in relation to race and sex in the increase in cases of HIV infection and the development of AIDS, between 2008 and 2018.

Epidemiological data, explained by the report, shows that for both men and women, while the number of deaths from AIDS has decreased among white people, it has increased considerably among Black people. In 2018, there were 2,885 (40.3%) deaths of white men and 4,219 (59%) deaths of Black men. For women, the same differences occur. In 2008, there were 1,804 (47.4%) deaths of white women and 1,981 (52.1%) deaths of Black women. In 2018, there were 1,309 (37.7%) deaths of white women and 2,136 (61.5%) deaths of Black women.

The document criticizes the invisibility of lesbian women, transgender women, travestis and trans men in the data provided in the epidemiological bulletin. Placed within patterns of universal cis-heteronormativity, consequently, these groups no longer have public health policies that understand their real needs and, once again, are erased from the discussion and left more vulnerable.

The report reveals that, “A meta-analysis carried out based on data from 15 countries [2], estimated that 33.1% of trans women in Brazil lived with HIV, only behind Argentina (33.5%) and India (43.7% ), according to the data recorded up until 2011. That same survey pointed to the alarming estimate that trans women were 49 times more likely to contract HIV than other people.”

In this sense, the report brings to light the impact caused by structural racism and LGBTIphobia, condemning a large part of the Brazilian population to situations of extreme vulnerability in care and treatment for a dignified health condition. With this, the advancement of HIV / AIDS in Brazil again puts the country at risk of a pandemic, seeing as the dismantling of social programs essential for the maintenance of the population’s health serve as grounds for the proliferation not only of diseases, but also inequality and intolerance.

HIV/AIDS in Colombia: a success story without victories

 The annual global report from the Joint United Nations Programme on HIV / AIDS (UNAIDS), published in 2020 [3], reveals that Colombia is one of the few countries in Latin America where the rate of HIV infections has decreased in the last decade. Despite this, the general figures hide the lack of progress in serving the most vulnerable groups, seeing as high mortality rates still persist. However, there are other structural barriers that prevent these populations from accessing programs already proposed by the Government under this global strategy.

First, there is an important gap in access to health services due to the high rates of informal work and unemployment in the country which limit the possibilities of accessing services for the diagnosis of the disease, specifically for early diagnosis allowing for timely action and treatment. Today, the epidemic is concentrated in specific groups, two of which belong to the LGBTI population: “men who have sex with men”, MSM (this category includes bisexual men and men who do not declare themselves “gay”), and “trans women ”, MT (trans people who are born men and are now women). Within these groups, seropositivity levels are found to be highly elevated.

In Bogotá, the contagion rates in 2018 were around 17% (MSM) and 20% (MT). In contrast, the prevalence for the rest of the population in Bogotá is 0.5%, for those between the ages of 15 and 49 [4]. According to the Ministry of Health, at the national level, men who have sex with people of the same sex have a prevalence of HIV infection of 20.4% and transsexual women of 23.4% [5]. Despite these figures, there are no specific programs that allow these groups to access rapid tests or relevant information on them.

The second major barrier is the discrimination and prejudice that still exists around the subject. The stigma represented by HIV involves disrespectful and unnecessary inquiries about people’s sexual identity, their performance as a sex worker or about drug use. This is especially shocking if we take into account that in the main cities of Colombia, cases of contagion increased in trans women by more than 15% in 2019, among whom sex work continued to be one of the most common sources of income [6 ]. There is a negative burden associated with the disease that sends a message of death and / or undesirability to society about people living with HIV.

Just last year, the Colombian Constitutional Court eliminated the section of the penal code that criminalizes HIV transmission, noting that the law violated principles of equality and non-discrimination, considering that it discriminated against people living with the virus, stigmatizing it and limiting their rights [7]. As long as there are little to no specific programs for these populations on how to access healthcare and that work toward eliminating prejudices about the disease in general, it is clear that the fear of undergoing medical treatment and of society’s response will prevail over the search for a diagnosis.

Finally, returning to the idea that the Colombian government needs to strengthen its preventive response, it is important to understand that the phenomenon of HIV / AIDS presents itself as a serious global public health issue, in which we must not only discuss the natural context of the disease, but also a process that involves several dimensions, such as the social, economic and cultural ones.

The context of the COVID-19 pandemic has exacerbated these difficulties. Although UNAIDS recommended that all countries distribute antiretrovirals to patients for periods of three months rather than monthly, in order to prevent them from excess exposure to COVID-19 from frequent outings, Colombia did not accept this provision [8]. This decision, in addition to the difficult socioeconomic conditions that already affect the LGBTI population, currently limits the access to health services by LGBTI persons [9].

On this day, Race and Equality calls upon States throughout Latin America to guarantee racial and sexual equality in the treatment of HIV, in addition to reinforcing the urgent need for sex education campaigns, whether in school environments or in public spaces. It is necessary to break stigmas and strengthen HIV prevention so that the world is not hit by another pandemic that, as is known, can be controlled. With this, we urge States to adopt the following recommendations:

1- Carry out the recommendations of the IACHR contained in its report on Violence against LGBTI people (2015) and adopt comprehensive measures that effectively combat discrimination and violence faced by LGBTI people living in poverty and extreme poverty; [10]

2- That guidelines be developed so that medical and nursing schools address – in their curricula, research, extension groups and in their academic events – topics such as sexual orientation and gender identity, so that, from their education, health professionals better understand the specific needs of LGBTI people, in particular transgender people.

3- That measures of awareness and training of professionals working in the health area be adopted, ensuring equal treatment for LGBTI people.

 

 

[1] Report available at: http://oldrace.wp/es/es_publicaciones/

[2] Argentina, Australia, Brazil, El Salvador, Spain, United States, Netherlands, India, Indonesia, Italy, Peru, Pakistan, Thailand, Uruguay and Vietnam.

[3] Available at: https://www.unaids.org/sites/default/files/media_asset/ 2020_global-aids-report_en.pdf

[4] Available at: https://www.revistaarcadia.com/periodismo-cultural—revista-arcadia/articulo/ lgbt-political-and-the-challenge-confront-hivsida-in-colombia / 68263 /

[5] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[6] Available at: http://unradio.unal.edu.co/nc/detalle/cat/un-analisis/article/vih-en-america- latina.html

[7] Available at: https://www.corteconstitucional.gov.co/relatoria/2019/C-248-19.htm

[8] Available at: https://www.unaids.org/sites/default/files/country/documents/COL_2020_countryreport.pdf

[9] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[10] IACHR. Violence against LGBTI Persons. 2015, p. 227, par. 382. Available at: http://www.oas.org/en/iachr/reports/pdfs/ViolenceLGBTIPersons.pdf

International Trans Day of Remembrance: Remembering and reaffirming the struggle for equality and justice

Washington, D.C., November 20th, 2020.- On November 20th, International Day of Trans Remembrance, the International Institute on Race, Equality and Human Rights (Race and Equality) remembers the trans people who have been killed around the world, especially in Latin America and the Caribbean, where the majority of such killings take place according to civil society reports. Race and Equality spoke with six trans activists from across the region who keep the memory of those killed alive and carry on the struggle for equality and justice.

An unimaginable reality

Brandy Carolina was 32 years old when she was stabbed to death by a man in the La Chinita neighborhood of Barranquilla, Colombia. Brandy was known as an extrovert who dreamed of earning enough money to buy a house for her mother, but she was killed for being a trans woman before she could make her dream a reality. Her death and the hateful motives behind it were reported by organizations that defend the rights of Colombians with diverse sexualities and gender identities.

“She never expressed fear beforehand, she was confident in herself, and really, nobody expects to die, it comes suddenly and where you don’t expect it,” said Andra Hernández, a representative of the Boyacá LGBTI Network and a member of Femidiversas. However, Andra pointed out that La Chinita was also the site of two murders in the months before Brandy’s death: the killing of a trans woman on April 16th, and the murder of a lesbian woman on March 26th. “We didn’t expect that someone so close to us would meet the same fate, at the hands of a society that doesn’t respect diversity and difference. You can never be prepared for a death, much less being murdered for being trans,” she said.

Every year, in the lead-up to Trans Day of Remembrance, the international organization TransRespect Against Transphobia publishes a detailed report on the killing of trans and gender-diverse people around the world. This year’s report reveals that between October 1st, 2019 and September 30, 2020, there were 350 such murders. 82% occurred in Latin America, with Brazil (152 murders),[1] Mexico (45), and Colombia (16)[2] atop the list of countries with the most killings.

Dying two times

Santiago Balvin, a non-binary trans-masculine activist from Peru, affirmed the importance of commemorating trans people who have been killed. According to Santiago, these victims continue to suffer discrimination and erasure after their deaths: “There is a feeling of frustration because you can’t do anything – their families don’t recognize their names, the media does not report about their identity correctly, it’s very painful when your sister’s death is treated this way and it keeps happening with impunity.”

Santiago also emphasized the importance to Peru’s LGBTI community of marking the Tarapoto Massacre, also known as the Night of the Gardenias, a targeted killing of transgender people on May 31st, 1989 that is recognized as the worst hate crime against transgender people in Peru’s history. According to Santiago, Peruvian civil society organizations have recorded five murders of transgender people in 2020.

Victoria Obando, a Nicaraguan human rights activist and former political prisoner, told Race and Equality that for her, Trans Day of Remembrance is a day to honor the struggle for trans rights, a struggle in which most of those killed had participated during their lives. “We live in a society that does not recognize us as part of society. It’s a tragedy what the trans population has to go through, especially trans women. They don’t recognize that we are also human beings,” she said.

Nicaragua does not have reliable data about violence against trans people, a failure which Victoria links to the broader socio-political crisis affecting the country. She also denounced the tendency to sideline trans activists in discussions about how to return democracy to the country. “Some people think in terms of categories like ‘special topics’ and see trans rights as something secondary to be kept in a box. As an activist, I have had to fight for acceptance; some people underestimate my abilities because of my identity,” she said.

Exclusion and impunity

Athiany Larios Fonseca, a Nicaraguan trans woman living in exile in Costa Rica, recalls one of the first times she encountered anti-trans discrimination. “My friend and her partner were attacked with stones outside her house; she later asked me why people treat us so badly, and I started to cry. People attack us and even kill us because of this hate, because we are not a woman or a man according to their biological rules,” she told Race and Equality.

Christian King, an activist with TRANSSA in the Dominican Republic, explained that Trans Day of Remembrance “is about recognition and reaffirming our trans companions who have lost their lives to discrimination, transphobia, and prejudices that come from a lack of political will or public policies that protect trans rights and penalize discrimination.”

In the Dominican Republic, the Observatory on the Human Rights of Trans People has registered 49 hate crimes against trans women, of which only 5 have been tried and led to sentences against the perpetrators. Along with TRANSSA, the Observatory advocates for a national Law on Equality and Non-Discrimination, a Law on Gender Identity, and the full implementation of the National Human Rights Plan.

The state’s responsibility

Bruna Benevides, a leader of the National Association of Travestis and Transsexual People (ANTRA)[3] in Brazil, stated that violence against trans people stems from a long historical process by which trans people are rendered invisible, denying them their most basic rights. Bruna placed the blame squarely at the foot of the state, which has failed to respond to trans people’s needs. “We see a growing neoliberal trend around the world, leading to fascism. The specter of “gender ideology” and the belief that trans people, women, and Black people must continue to be subordinated are central to this trend,” she added.

Bruna also emphasized the ways in which COVID-19 has exacerbated violence against trans people, with inequality, unemployment, hunger, and social exclusion all worsening during the pandemic. As TransRespect’s report makes clear, the pandemic has had a disproportionate effect on trans people, particularly trans people who are also excluded from society because they are women, Black or another racial minority, sex workers, migrants, young people, or poor.

Bruna went on: “Sadly, the lack of action and the lack of attention to trans people, the way that we are treated as invisible, leaves us without any state assistance. As a result, we are more vulnerable to violence. This is part of a broader logic that decides who can be killed, who can be discarded, who is not part of the hegemonic structure and can be exterminated easily. We are the country with the most killings of trans people in the world, and this year we are at the top of the ranking once again.”

On International Trans Day of Remembrance, Race and Equality calls on all states to remember their obligation to protect and promote the rights of all people without discrimination. Faced with a worldwide crisis of violence and murders against trans people, we offer the following recommendations:

  • States should adopt the necessary laws and policies to guarantee recognition, respect, and inclusion for people with diverse sexualities and gender identities
  • States should establish special mechanisms to respond to acts of violence against LGBT people, leading to full investigations, sanctions for those responsible, and guarantees of non-repetition
  • States should utilize official channels and resources to educate the population about sexual diversity and gender identity in order to promote societal recognition and respect for LGBTI people and their rights

[1] Data recorded by ANTRA, a Brazilian LGBTI advocacy organization

[2] Civil society organizations based in Colombia reported an additional 14 cases, for a total of 30

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

Lesbian Rebellions: encounter of lesbian voices from Brazil and Colombia

“Lesbians against war! Lesbians against capitalism! Lesbians against racism! Lesbians against neoliberal terrorism!” It was with these words of liberation that on February 2007, during the 7th Forum of Feminist Lesbians from Latin America and the Caribbean, October 13 was anointed the day of Lesbian Rebellions (1).  During this meeting of anti-patriarchal struggle, with close to 200 feminist lesbian women from various countries, the General Assembly of the Forum decided to collectively honor the 1st Regional Forum of Feminist Lesbians which took place in Mexico, on October 13, 1987.

According to Angelina Marín, lesbian feminist activist of the collective Moiras, October 13 was consecrated as witch day and also represents the day of the arrival of the colonizers to indigenous lands. Marín pronounced this during her speech in Santiago, Chile’s city square, in a meeting with other lesbian feminists to celebrate this day (2). The day rallies feminist lesbian collectives and organizations around the region to celebrate lesbian existence through art and culture as an act of rebellion against the oppressions imposed by a patriarchal system that oppresses the existence of those that defy a cis-heteronormative society.

To honor these women’s bodies who persist and resist the erasure of their identities and their political expressions, the International Institute on Race, Equality and Human Rights (Race and Equality) invited lesbian women from Brazil and Colombia to share their voices, views and experiences on the meaning of this day and the challenges they face in their countries. Know their rebellious stories.

Colombia

 For María Vélez, an activist from Caribe Afirmativo, “this 13th of October is a day to remember and thank our older lesbian sisters for the struggle they began years ago. From naming, to self- recognition, to cohabitation of same-sex couples—these were the first steps so that today we can enjoy the recognition of these rights.”

María draws attention to the fact that lesbian rebellions pose challenges, especially in a country marked by an armed conflict like Colombia. These are adversities that make lesbian women constantly experience situations of intimate private violence, forced displacement, gang rape and forced pregnancy. She emphasizes that because it is a multi-cultural and multi-ethnic country, in all these indigenous and Black identities, structural racism and machismo are embedded.

“Therefore, being indigenous and LGBTI or Afro-LGBTI, we face oppression inside our own communities and a particular type of violence in each territory. When you are a lesbian and Afrodescendant the violence takes a particular form related to the exotic nature of our identity and the sexualization of our bodies as Black women. Society considers that if you are a Black woman then you must be heterosexual, otherwise it does not suit us.”

Sami Arazabaleta, an activist from the NGO Somos Identidad, highlights the importance of lesbian women recognizing themselves as sexual beings that admire their own bodies outside of the heteronormative and machista norms. “Lesbian Rebellions are a necessary call to make lesbians visible, we refuse to continue being invisible from the “homosexual” global norm. We have learned that what is not named does not exist. A Lesbian Rebellion is to be and to love a woman face to face.”

Lesbian Rebellions are also an act of repudiation to the binary, feminist lesbians denounce that the binary way of seeing and being in the world confines lesbians to certain stereotypes. As an act of liberation, Lesbian Rebellions proclaim that their bodies exist for themselves, in a relationship of interdependence and (co)existence with nature. Sami translates her rebellion into poetry: “lesbian love is sublime, it allows women to be loved and recognized without male approval. I am a lesbian because I love myself and I love a woman!”

Brazil

The filmmaker, Naira Évine, activist from the Levante Negro collective, reflects that the affirmation of lesbian existence within the audiovisual industry is already an act of rebellion. “Because we are going against every heterosexual and cis-heteronormative system that makes a point of erasing our existence. It makes a point that our memory is not passed from generation to generation, that our stories are not told, that our perspectives are not commented or filmed. So, when a lesbian filmmaker, and in my case, a Black woman, makes sure that all these demarcations are placed on the agenda and are also spoken about and respected, I think that is being a rebellious woman,” she says.

In 2019, Naira launched the short film “O dia em que resolvi voar” (3) (The day I decided to fly, in English) which portrays lesbian stories. She re-enforces that films made by lesbian women, that talk about lesbian experiences and that have a racialized perspective, or not, of a lesbian woman, and are Latin American, is already a great act of rebellion. The filmmaker recalls that lesbians are diverse and deserve respect, a dignified life, a healthy and well-lived life, within the scope of basic human rights. Therefore, they resist when they insist that their existences be understood and respected.

“I don’t think there is a single way to be a lesbian, a way to demonstrate your sexual orientation. Oftentimes the closet is a place of protection, it is a place of self-defense and being inside the closet does not always mean cowardice. Sometimes it is also very courageous not to talk about it; there are many cases. There is no one way to dream of a more egalitarian society. This society would be conglomeration of the existence of several lesbians, bisexuals, homosexuals and the diverse experiences of different social groups. We are surrounded by lesbian rebels! Glad this day exists! Let us celebrate more and talk more about these brave women!” she says.

Camila Carmo, professor, investigator, writer and activist of the LesbiBahia collective, stresses that when thinking about what lesbian rebellions would look like in a country like Brazil, the construction of a political project that is emancipatory for all women and that defies the heterosexual system is key. As a Black, lesbian woman, she understands that “being a lesbian woman in Brazil is dealing everyday with racism, machismo, sexism and also putting myself in those movements of re(existence) for the construction of other modes of existence.” (4)

Camila also points to the structural issues of racism, poverty and femicide that are present within the cis-heteronormative system and how that is aggravated in territories marked by dictatorships and colonial invasions. “I think that the challenge has to do with removing attacks against indigenous people and the exploitation of people, animals and nature. This reflection goes through us and defines us all, even though I say ‘I’. Because when I say ‘I’, I am also talking about us. I do not believe alliances are possible outside a collective, so our big challenge is to think about how to act collectively, respecting differences and individualities,” she analyses.

Based on the stories of these inspiring rebellious lesbians, Race and Equality supports the defiance that comes from the strengthening of affective bonds between women and nature, between human rights and disobedience as a rupture with colonialism. We re-enforce our commitment to make visible the agenda and voices that represent Latin America, in alliance with activists and civil society organizations, and will denounce violations that affect the peaceful construction of a democratic society.

Race and Equality recommends that States in the region:

  1. Make all the necessary efforts to combat lesbofobia within their society, foster actions that promote and respect sexual diversity, and combat prejudice and discrimination;
  2. Create public policies to combat lesbofobia in the educational sphere and inhibit any initiatives that seek to prohibit debates around race, gender, and sexuality in schools and universities;
  3. Sign and ratify the Interamerican Convention against Racism, Racial Discriminations and other Related Forms of Intolerance and the Interamerican Convention against all forms of Discrimination and Intolerance.

[1]  http://feministautonoma.blogspot.com/2007/10/13-de-octubre-da-de-rebeldas-lesbianas.html

[2]  http://feministautonoma.blogspot.com/2007/10/13-de-octubre-da-de-rebeldas-lesbianas.html

[3] https://www.youtube.com/watch?v=FYjs54EfwxY&t=26s&ab_channel=Naira%C3%89vine

[4] On the concept of (re) existences, Camila makes reference to Professor Ana Lúcia da Silva Souza.

Colombian civil society reveals the vulnerability of indigenous peoples, Afro-descendant communities, campesinas, and social leaders victimized by the armed conflict

Bogotá, October 5, 2020.- At a thematic hearing of the Inter-American Commission on Human Rights (IACHR), Colombian civil society organizations presented reports on the vulnerability of indigenous peoples, Afro-descendant communities, campesinas, and social leaders who were previously victimized by Colombia’s armed conflict to human rights violations. The presenting organizations asked to IACHR to deepen its efforts to support the implementation of the Colombian Peace Accords, especially Chapter 6.2 on ethnic minority groups, known as the “Ethnic Chapter,” and the Collective Reparations Program established by Law 1448 (2011) and Decree 4635 (2011).

The hearing, entitled “Reports of vulnerability among Colombian armed conflict victims: indigenous, Afro-descendant, and campesino communities and social leaders,” was requested by a coalition of organizations, including the International Institute on Race, Equality and Human Rights (Race and Equality). Representatives from the State of Colombia also took part in the hearing.

The Ethnic Chapter at risk

Together with Race and Equality, the Ethnic Commission for Peace and Defense of Territorial Rights presented an analysis on Colombia’s failure to implement the Ethnic Chapter, emphasizing that serious human rights violations have resulted from this failure. “The current government has been sabotaging the implementation of the Peace Accords and preventing the consolidation of peace and territorial rights to which ethnic groups are entitled,” stated Pedro León Cortés, an advisor to the Race and Equality office in Colombia.

Participants pointed out that, according to a recent report by the Kroc Institute (an international organization monitoring the Peace Accords’ implementation), barely 8% of the Ethnic Chapter’s commitments have been implemented, while other guarantees in the Accord, including mechanisms for protecting ancestral territories, have seen backsliding.

The organizations denounced disputes between illegal armed groups for control of land that rightfully belongs to Afro-descendant, indigenous, and campesino communities. These disputes, which the authorities have been unable to check, have resulted in the forced displacement of 30,000 people between November 2019 and June 2020. “Regarding the National Program for Substituting Illicit Crops, there is evidence of a strategy to undermine the voluntary eradication and crop substitution programs,” they added.

For Colombian civil society, these delays and omissions represent a failure to act on the fundamental principal of the Ethnic Chapter: the right to free, prior, and informed consent. However, they applauded efforts to apply an ethnic-sensitive approach in some areas of the peace process, particularly the Truth Commission and the Special Jurisdiction for Peace (the transitional justice mechanism trying conflict-related abuses).

Collective Reparations

Luz Marina Becerra, secretary general of the National Association of Displaced Afro-Colombians (AFRODES) and president of the Coordination of Displaced Afro-Colombian Women’s Resistance (Las Comadres), brought up official data on the implementation of the Collective Reparation Program established by Law 1448 (known as the Victims’ Law) in 2011. She pointed out that as of March 2020, 755 approved recipients of collective reparations were recorded in the official registry, of which 482 were ethnic communities. Despite this predominance of ethnic minorities among conflict victims, however, 78% of ethnic communities who have applied for recognition are still in the initial phases of the process and only 10% have actually begun to have their reparations implemented.

“To date, no applicant from an ethnic community has completed the process of reparations. We consider this lack of implementation to be a grave problem that is compromising the effective enjoyment of conflict victims’ rights,” she said.

Becerra mentioned weaknesses in inter-agency and federal-local cooperation, technical delays in developing reparations plans, long delays, and budgetary shortfalls as institutional barriers to reparations. In the post-conflict period, she stated, 392 cases of forced displacement affecting 130,079 people have taken place. 47% of these victims belong to ethnic communities. Meanwhile, 1,203 attacks against social leaders have taken place.

Crisis in Chocó

The Afro-descendant rights defender Luis Ernesto Olave submitted a report on the humanitarian crisis in Chocó department, reporting that President Iván Duque’s Peace and Legality program “has impeded the search for peaceful coexistence and a negotiated end to the conflict, allowing dissident FARC members to continue illegal activity while the ELN [an armed rebel group] and the Gaitanista Self-Defense Group [a paramilitary group] also remain present.”

Olave stressed that in Chocó’s Afro-descendant and indigenous communities, illegal groups confine people to their homes, forcibly displace them, and recruit young people through forced recruitment or promised rewards. Illicit coca cultivation and trafficking in drugs, weapons, and people are all on the rise, as are murders of social leaders. This year alone, 350 families have been forcibly displaced from the community of Alto Baudó, 66 from Medio Baudó, and 10 from Baja Baudó.

Recommendations

Implementation of the Ethnic Chapter

The organizations recommended that the State of Colombia immediately take steps to ensure the effective implementation of the Ethnic Chapter. These steps include strengthening the High-Level Special Board of Ethnic Peoples (a body made up of community representatives that coordinates with the government) and complying with pending Constitutional Court orders to respond to violence in ethnic territories. They also recommended that the IACHR prioritize efforts to monitor implementation of the Peace Accords.

Collective reparations

Participants recommended that the government develop a comprehensive plan to strengthen the  Collective Reparations Program, expand its capacity, increase the speed of its processes, and counteract existing barriers. They also called for mechanisms to supervise development policies and ensure their compliance with the Reparations Program and with the territorial rights of minority communities. Finally, they recommended developing a special strategy to accompany conflict victims and ensure that they benefit from post-pandemic economic stimulus efforts.

The participants requested that the IACHR dedicate some of its monitoring efforts in Colombia specifically to the monitoring of the right to reparations for conflict victims.

Regarding the situation in Chocó

Participants asked the IACHR to pressure Colombia to increase state presence in Chocó; re-start peace talks with the ELN; develop a humanitarian response incorporating all stakeholders, including armed groups; hasten responses to requests for protection by vulnerable people and groups; and investigate situations of vulnerability to rights violations. They also demanded full compliance with the Chocó ceasefire agreement of 2007 and with the court order of case T622 in 2016, protecting the vital Atrato river from degradation.

IACHR Reaction

The IACHR’s commissioners expressed concern at the slow pace of implementation; the violation of the right to free, prior, and informed consent; rural violence; attacks on social leaders; and the lack of federal-department-local coordination to address these crises.

Commissioner Margarette May Macaulay emphasized the continuity of violence that minority communities have faced during the armed conflict, transitional peace period, and today the COVID-19 pandemic. She also emphasized the need for the State to offer clear and specific information about the impacts of violence on Afro-descendant communities and about the reasons for delays in implementing the peace framework.

Interim Executive Secretary María Claudia Pulido stated that follow-up on peace implementation will be included in the section on Colombia of the IACHR’s 2020 annual report. The week before, she said, the IACHR had sent an official communication informing the State of this intention and requesting information.

The State’s response

On behalf of the State of Colombia, Ambassador to the OAS Alejandro Ordoñez referred to President Duque’s Peace and Legality program rather than respond directly to the issues being raised. When asked by IACHR President Joel Hernández about the issue of recruitment of minors by illegal armed groups, Ambassador Ordoñez declined to answer, stating that the question was outside the topic of the hearing.

Emilio Archila, Adviser on Stabilization and Consolidation, offered information about the Territorial Development Plans, an official instrument to prioritize state projects in areas most affected by violence and poverty. The Plans are currently active in 170 municipalities across the country.

Three more representatives from the Victims’ Unit, the Ministry of the Interior, and the National Protection Unit presented information about several governmental activities, but without explaining them in terms of their contributions to preventing human rights violations.

Race and Equality urges concrete government action to combat the alarming increase in violence against LGBTI Colombians

Bogota, October 6, 2020.– The International Institute on Race, Equality and Human Rights (Race and Equality) is deeply concerned at the rising rates of violence and discrimination against the LGBTI population of Colombia during the COVID-19 pandemic. Race and Equality calls upon the Colombian government to take concrete actions to prevent, investigate, and respond to attacks and killings motivated by anti-LGBTI prejudice.

Although LGBTI Colombians have achieved important recent victories in securing their human rights, including a court ruling that the LGBTI population of the city of El Carmen (Bolívar department) was eligible to receive reparations for abuses during Colombia’s armed conflict as a collective body and another allowing a trans woman to receive women’s pension benefits, the numbers of killings, threats, and cases of harassment continue to grow exponentially.

As of September 15th, the national Ombudsman’s Office had reported 63 murders of LGBTI persons and 388 cases of violence motivated by anti-LGBTI bias. The Office stated that during the COVID-19 pandemic, “prejudice and discrimination have been exacerbated, obstacles to accessing justice by reporting crimes have increased, and so have other barriers created by a lack of empathy among officials charged with assisting the population.” To date, Race and Equality has documented 61 attacks against LGBTI persons, among them discrimination in public spaces, denial of rights to health and to nutrition, physical attacks including those with weapons, harassment, threats, and murders.

On September 5th, a man aggressively accosted Bogotá mayor Claudia López, a lesbian woman, and accused her of “teaching improper things to children.” This homophobic act, which the man said he did “in the name of Jesus Christ,” reveals that a climate of discrimination and social exclusion goes beyond official institutions. Despite formal progress, there is still not widespread tolerance for sexual diversity in Colombian society, preventing true recognition and inclusion from taking root.

Alarming numbers of attacks

From January-September 2020, Race and Equality has documented 30 cases in which LGBTI people were killed or severely wounded. Most recently, the killing of Juliana, a trans woman, from gunshots fired by a soldier put the violence facing LGBTI Colombians, especially trans people, into the spotlight. Throughout the country, indicators of violence are on the rise: in Armenia (Quindío department), the Ombudsman’s office issued an official alert about dangers facing the LGBTI population on August 25th. On September 1st, the LGBTI Network in Boyacá department denounced increasing police abuses of sex workers, particularly trans women, on social media. Caribe Afirmativo (Affirmative Caribbean) recently published an open letter to the authorities in the Caribbean region demanding a response to increased murders and attacks against LGBTI people, which have doubled compared to the same period in 2019.

LGBTI leaders face particular risks

Attacks against the leaders of LGBTI organizations indicate the fierce desire by LGBTI-phobic elements to repress pro-LGBTI initiatives across the country. To date, Race and Equality has documented 8 cases of attacks, threats, and murders of LGBTI leaders.

A dramatic example took place when Aurora Iglesias, popularly known as “Zunga,” a trans leader in Florencia (Caquetá department), was threatened with a firearm in her own home and warned to stop her work in the community. On September 17th, a burned LGBTI pride flag was found in front of a leader’s home in Armenia. The home of a gay leader in El Roble (Sucre department) was burned on August 25th. In addition to the direct impacts upon the targeted victims, these acts send a threatening message designed to tamp down LGBTI activism. Incidents such as the murder of Mateo, a trans community leader, and the attempted murder of John Restrepo, a leader in LGBTI conflict victims’ activism, both of which took place in public in broad daylight, underscore the risk facing LGBTI leaders.

Police abuse of sex workers

As Colombia experiences a tense climate of protest and debate about abuses by security forces, serious rights violations committed by the police against LGBTI persons have come to light. Race and Equality has documented 12 cases in which members of the National Police were denounced for attacking trans sex workers. These cases include physical aggression, unjustified seizures of property, and attacks using police service weapons. A common pattern is for police to threaten sex workers with arrest or fines (including arrests or fines for violating quarantine), demand payment, and physically and psychologically abuse those who do not pay, as has taken place in Medellín, Caldas, and Bogotá.

In another highly concerning incident, a young gay man named Juan Luis Guzmán was found dead in a police station under suspicious circumstances. He had been brought to the station after being arrested for breaking the curfew imposed due to COVID-19.

As civil society has consistently documented, police and military forces in Colombia play a major role in reproducing patterns of discrimination and exclusion against LGBTI people. When LGBTI people seek justice by reporting the abuses they suffer, they face greater vulnerability due to a lack of LGBTI-sensitive and gender-sensitive approaches in complaint offices, police retaliations, and/or institutional cover-ups.

Race and Equality joins with Colombian civil society to denounce these violations of LGBTI people’s rights and the ongoing crisis of violence against the LGBTI population. We call upon the government to:

  1. Prioritize investigations of rights violations against LGBTI people, sanction those responsible, and combat impunity. These efforts must integrate an approach that is sensitive to sexual and gender diversity.
  2. Strengthen efforts to educate security forces, especially the National Police, on LGBTI rights; monitor their compliance with LGBTI rights; and improve internal investigations about violations of LGBTI rights to fight impunity.
  3. Ensure that LGBTI people enjoy the right to access justice without discrimination. To make this right effective, efforts to train justice sector officials on LGBTI rights, mainstream LGTBI-sensitive approaches in the justice system, and strengthen monitoring systems will be crucial.
  4. Publicly condemn acts of discrimination and violence against the LGBTI population and implement public policies to combat LGBTI-phobia among the Colombian public.

Social leaders, government representatives, and regional institutions make proposals for justice and violence prevention after the Llano Verde killings

Bogota, September 4, 2020.- The Institute on Race, Equality and Human Rights (Race and Equality) held a virtual roundtable discussion with social leaders, government representatives, and Inter-American Human Rights Commission (IACHR) member Margarette May Macaulay, who is the IACHR’s Rapporteur on the Rights of Afro-descendants and Against Racial Discrimination. The discussion was convened in order to discuss proposals for truth, justice, and non-repetition following the killing of five young Afro-Colombians in the Llano Verde neighborhood of Cali on August 11.

The webinar, titled Llano Verde Killings: Analysis and Proposals for Truth, Justice, Reparations, and Non-Repetition, was co-organized with the Washington Office on Latin America (WOLA). The panelists discussed the particular experiences of Afro-Colombians in Colombia’s armed conflict and the post-conflict context, in which many Afro-Colombians have been forced to leave their ancestral territories and now reside in urban areas where they face discrimination and structural racism.

The discussion generated the following proposals to ensure that the Llano Verde massacre does not fall into impunity and that the Afro-Colombian population does not remain vulnerable to such violations in the future.

The IACHR should pressure the Colombian government to give answers

Erlendy Cuero Bravo, coordinator of the Cali chapter of the Nacional Association of Displaced Afro-Colombians (AFRODES), asked Commissioner Macaulay to make an official visit to Llano Verde, an area that the Commissioner visited once before in October 2018 along with Commissioner Esmeralda Arosemena de Troitiño. Such a visit would allow the Commissioner to make recommendations to the Colombian State regarding truth, reparations, and reforms to guarantee non-repetition in her official capacity. “Peace cannot be built starting at the national level – it has to be built from within Afro-Colombian territories to be in line with the communities’ needs,” said Erlendy.

Listening to Afro-Colombian youth and ensuring their right to education

Yeison Tobar, coordinator of AFRODES’ youth initiative Semillero (Seedbed), discussed the need for both the Colombian government and civil society organizations to strengthen ties with young Afro-Colombians, listen to their concerns, and involve them meaningfully in development projects. “Many times, the response is ‘young people don’t want to do anything,’ but there’s not enough effort to look into the lives of young people or their beliefs and emotions,” said Yeison.

Yeison also said that young people in Colombia need greater access to education, including higher education and technical education, along with assistance to finish their studies. According to Yeison, “the best bet for young people is education.”

Improve living conditions and ratify the Convention Against Racial Discrimination

Commissioner Macaulay expressed her willingness to accompany an official truth and justice process for the Llano Verde killings, emphasizing the need for “comprehensive reparations,” that go beyond monetary compensation and address the living conditions of Afro-Colombian communities, including schools, universities, health centers and hospitals, and public transportation.

The Commissioner also called on the government to examine all acts of violence against Afro-Colombians thoroughly and bring those responsible to justice. She reminded the government that the Colombian State is obligated to guarantee the rights of Afro-descendants and indigenous people, which includes the duty to combat discrimination against these groups. She also reminded the audience that Colombia is one of the countries which has not yet ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

Economic opportunity and institutional presence

Cali city councilmember Fernando Tamayo stated that the Llano Verde massacre should not be viewed as an isolated incident, highlighting that community members had reported the presence of criminal groups and insecurity before the crime. For Tamayo, increased economic opportunity is a key step towards preventing such crimes. He highlighted two projects in the city’s development plan: a supply center in the eastern portion of the city and the proposed building of the District University of Cali. He also called for increased investment in institutions so that they are present and accessible throughout the city.

Respect for the Peace Accords

Luz Marina Becerra, secretary general of AFRODES, agreed with the previous speakers about the lack of educational and job opportunities that makes young Afro-Colombians “easy prey” for criminal groups, especially drug-dealing networks, and fosters violence. Luz Marina called for the Colombian Peace Accords to be fully implemented, including through improved living conditions for Afro-Colombians to reduce their vulnerability to crime. She also spoke about the importance of peace-building efforts led by Afro-Colombian women and efforts to apply traditional Afro-Colombian knowledge to healthcare and family well-being. She offered AFRODES’ Mujeres que Sanamos Mujeres project (Women Making Women Healthy) as an example.

Implementation of Law 70 and the Anti-Discrimination Law in urban areas

Alí Bantú Ashanti, an Afro-Colombian lawyer and member of the Racial Justice Collective, insisted on the need to develop specific implementation plans for Law 70 (which governs Afro-Colombians’ and indigenous people’s collectively held land) in urban areas, given that it was formulated with rural land in mind. Likewise, he argued that Law 1482, known as the Law Against Discrimination, has not had the expected impact, in part because it is not integrated with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD).

Rejecting the efforts of some Colombian media outlets to downplay the Llano Verde killings by linking the five victims to criminal activities, Alí spoke of the role of structural racism in de-valuing Black lives: “The capitalist system has positioned Black people as subjects who can be killed, as lives that don’t matter, as mere criminals.”

International Accompaniment

Colombian Senator Alexander López closed the webinar by stating that international accompaniment is necessary for truth, justice, and non-repetition processes, including in Llano Verde. He affirmed that Law 70, the “Ethnic Chapter” that addressed Afro-Colombians’ rights in the Peace Accords, and all other legal instruments must be respected and fully implemented in the fight against structural racism and discrimination.

Senator López mentioned the fact that 9 million conflict victims are listed in the official registry, of which 14% are Afro-Colombian. He also alluded to the controversy about the 2018 Colombian census, which counted nearly 1.4 million fewer Afro-Colombians than the 2005 census due to failures in the National Statistics Office (DANE). “This has important implications, because the more that the Afro-Colombian population is reduced in official counts, the fewer public policies and resources will be devoted to them,” he reminded the audience.

To see a full recording of the webinar, click here.

Race and Equality condemns the murder of five young Afro-Colombians in Cali and issues recommendations for ensuring truth and preventing future killings

Bogotá, August 14, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the killing of five young Afro-Colombians, whose families had been previously victimized by Colombia’s armed conflict, in the Llano Verde neighborhood of Cali. As an organization working to protect and promote human rights, Race and Equality expresses our solidarity with the mourning families and community. We stand alongside the community to demand that this crime not fall into impunity and that the government adopt the necessary measures to prevent such tragedies from reoccurring.

The five victims have been identified as Jean Paul Cruz Perlaza, 15; Leyder Cárdenas Hurtado, 15; Juan Manuel Montaño, 15; Álvaro José Caicedo Silva, 14; and Jair Andrés Cortez Castro, 14. The five had left their homes on the morning of Tuesday, August 11 for a community activity; their bodies were discovered at the end of the day in a nearby sugarcane field, showing signs of torture and execution-style gunshot wounds.

Just two days later, on August 13, another person was killed and fifteen more were injured in the same neighborhood when an unidentified person set off an explosive device. According to local media, the bombing was an attempt to attack the local police division.

Contextualizing the events

 Race and Equality calls for full reparation of the victims’ families and community, along with measures to ensure that such tragedies do not reoccur. To be effective and to comply with Afro-Colombians’ human rights, these measures must take into account the particular circumstances of Afro-Colombians who were displaced by the armed conflict. These communities suffered grave rights violations and the loss of their ancestral territories; today, they continue to suffer further incidents of displacement, threats, attacks, murders and assassinations, forced recruitment by illegal groups including drug traffickers, sexual exploitation, and a lack of educational and work opportunities.

“Stopping the violence against Afro-Colombian communities requires us to recognize and confront the factors that underly it: historical patterns of structural racism and racial discrimination that deny Afro-Colombians the conditions to ensure equality and to claim their rights as Afro-Colombians,” according to Pedro Cortes, Race and Equality’s advisor in Colombia who leads the organization’s work accompanying Afro-Colombian organizations in denouncing rights violations and advocating for justice before the national government and the Inter-American Commission on Human Rights (IACHR)

Race and Equality has issued a set of recommendations to Colombian authorities, designed to ensure that the government’s response to the killings take into account the victims’ experiences as Afro-Colombians, address the particular impact of violence upon young Afro-Colombians, and protect the rights and safety of the victims’ families and community.

Race and Equality has also requested that the IACHR, United Nations human rights treaty bodies, and United Nations special procedures all take action to ensure that the government’s response brings justice.

Read our statement and the recommendations here.

Activists from Mexico, Guatemala, and Colombia gather to expose the issues faced by Afrodescendant women in the midst of the COVID-19 pandemic and to urge States to take necessary measures for their protection

Washington, D.C. July 31, 2020. – In celebration of the International Afro-Latin American, Afro-Caribbean and Diaspora Women’s Day on July 25, women activists working to promote and defend the rights of Afro-descendants in Mexico, Guatemala, and Colombia gathered in a webinar to discuss key issues faced by Afro-descendant women during the COVID-19 pandemic. The discussion highlighted the multiple forms of violence and discrimination on the basis of race, socioeconomic class, and gender faced by these women.

The webinar entitled “Racism and Afrodescendant Women: Post-pandemic Projections” was moderated by Elvia Duque, Program Officer at the International Institute on Race, Equality and Human Rights (Race and Equality). The webinar was well-attended by the public, through the Zoom platform (70 participants) and through Facebook Live on Race and Equality’s page (76 shares, 35 comments from different parts of the region.) As of Friday, the Facebook stream had reached 6,396 people, according to the platform’s statistics.

An adverse environment

Echoing the words of Brazilian professor Joana dos Passos, Dr. Elia Avendaño – a PhD in Law and researcher at the Cultural Diversity Studies Program at the National Autonomous University of Mexico (UNAM) – said “Racism is a permanent pandemic” and pointed out that Mexico is facing the COVID-19 pandemic under many disadvantageous situations. At the beginning of the year, the President abolished Seguro Popular, a public health insurance program which covers 52.8% of Mexico’s Afro-descendant population. Dr. Avendaño explained that the repeal was done to make way for the new Institute for Health and Well-being (INSABI), but it won’t be fully operational until the end of the year.

According to Dr. Avendaño, structural inequalities in Mexico place economically-deprived populations and those with limited access to health services at a greater risk of contracting the disease. This includes indigenous persons and Afro-descendants. “To date, we have recorded 42,645 deaths related to the pandemic, but we do not know how many of those who have died were Afro-descendants. Our health care system is supposed to treat everyone who needs help, even if they do not have a health plan. However, preference is being given to those who have a greater probability to survive, and in this case, those with a history of having suffered from inequality, marginalization, exclusion, and poverty are not included,” she said.

Sagrario Cruz Carretero, an anthropologist and investigative professor at the Universidad Veracruzana (University of Veracruz), focused her remarks on the evidence of the rich African heritage found in Mexico to counter the denial of this reality by many sectors of society today, which result in a lack of adequate policies for Afro-descendant communities. “Why is there a denial of Afro-descendant or Black identities in Mexico? This is because of racism and for fear of losing white privilege, which are tools that allow others to obtain better opportunities in life,” according to Prof. Cruz Carretero.

Meanwhile, Astrid Cuero – an Afro-Colombian leader of feminist and anti-racism movements at the Grupo Lationamericano de Estudio, Formación y Acción Feminista (Latin-American Group of Feminist Study, Training, and Action – GLEFAS in Spanish) stated that “the pandemic is racialized.” In the case of Colombia, the pandemic has given way to a resurgence of violence in rural areas, and an increase of murders of Afro-Colombian and indigenous leaders, thus showing the State’s shortcomings when it comes to protecting fundamental rights.

“Many Afrodescendants don’t have stable jobs and have to live off of the informal economy. The state has not provided dignified and humane ways to allow this population to isolate themselves during the pandemic. How can you expect a poor, Black person to self-quarantine if they have no other option but to go out and work? This is how they are exposed,” says Cuero, who also emphasized that Afrodescendant populations not only are vulnerable to COVID-19 but are also susceptible to violence from paramilitary groups.

Tanya Duarte, who is Afro-Mexican and is the director of the Proyecto Afrodescendencia México (Afro-descendant Mexico Project), assessed that “being able to survive self-quarantine is a matter of privilege and social class.” For example, many families are having to withdraw their children from school because they cannot afford the cost of online classes. She also indicated that racism is strongly affecting migrant Afro-descendant populations that reside or pass through Mexico. These populations are marginalized as a result of the COVID-19 response or end up exposed to organized crime.

Urgent policy action is needed

Joanna Wheterborn, an Afro-Guatemalan member of the Advisory Council of the Network of Afro-Caribbean, Afro-Latino, and of the Diaspora Women (RMAAD in Spanish), indicated that isolation due to the pandemic has correlated with a disproportionate increase in levels of gender-based violence within homes. Wheterborn called attention to the need to update the statistics on the Afro-descendant population in Guatemala and in other parts of the region – “if they do not count us, they do not see us; and if they do not see us, they will not care for us.”

The panelists concluded that racism is a pandemic that plagues Afro-descendant populations, and that the responses to COVID-19 should be addressed with the understanding that Afro-descendant women are one of the priority groups to be included in the programs and plans of the State. In addition, they highlighted the need for accurate disaggregated data by population, including race/ethnicity and gender, to present adequate solutions for Afro-descendant populations.

At the end of the conversation, Elvia Duque urged the public to continue making use of regional and international mechanisms such as the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW), the Committee on the Elimination of Racial Discrimination (CERD), and the Rapporteurship on the Rights of Afro-descendants & Against Racial Discrimination, as tools that amplify the voice of Afro-descendant women outside national dialogue – where often their voices are ignored and silenced.

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