Race and Equality expresses its concern and calls the IACHR to publicly denounce the serious situation of violence and discrimination the LGBTI population is facing in Colombia during the COVID-19

Race and Equality expresses its concern and calls the IACHR to publicly denounce the serious situation of violence and discrimination the LGBTI population is facing in Colombia during the COVID-19

Bogotá, june 25, 2020 – The International Institute on Race, Equality and Human Rights (Race and Equality) addresses the honorable IACHR to express its deep concerned regarding recent incidents of violence and discrimination against LGBT people across Colombia. These incidents raise an alarm about rising human rights violations against LGBT Colombians during the COVID-19 pandemic. LGBT Colombians are suffering not only disproportionate negative impacts of the deadly disease, but also high levels of violence because of their sexual orientation and/or gender identity.

Sharp increase in violence and killings

In Colombia’s Caribbean coastal region, 15 homicides against LGBT people have already been recorded in 2020, the highest rate ever recorded by Caribe Afirmativo, a local LGBT rights organization and partner of Race & Equality.[1] Ariadna Barrios Ojeda, a trans woman living in the city of Santa Marta (Magdalena department), was discovered dead in her home on June 13th with multiple stab wounds.[2] The next day, Brandy Carolina, a trans woman in Barranquilla (Atlántico department), was also found dead with stab wounds. The neighborhood where Brandy lived had already seen the murder of Paloma, a trans woman, and Lidia Gamero, a lesbian woman, on April 16th and March 26th of this year, respectively.[3], [4]

 LGBT Colombians have also suffered many attempted murders, such as an attack on March 24th in which two sex workers in Bogotá were stabbed in an attempt to mutilate their breasts and buttocks and chased by their attackers through the streets.[5] The two women were denied assistance by the police and were later unable to obtain any public health services or police protection.[6] On April 18th, also in Bogotá, a trans woman named Daian Nikol Villalobos was attacked with a sharp weapon as she shopped for groceries.[7] This attack took place while Bogotá was under an order of pico y género, a quarantine measure that allowed women and men to leave the house on alternating days.

Increased police abuse

 Many LGBT Colombians also suffer violence at the hands of the police. On June 22nd, police officers chased and tasered a trans woman living on the street in Tunja (Boyacá department).[8] On June 20th, members of the National Police attacked a group of trans sex workers in Bogotá, insulting them verbally and brandishing their guns.[9] These episodes evidence the historic discrimination and violence perpetrated by the National Police, who have also been extorting sex workers, physically and psychologically abusing those who refused to pay during the pandemic.[10] On May 2nd, with pico y género still underway, National Police officers were also denounced for evicting a Black trans sex worker from her home; the National Police did not offer any justification for the act.[11]

Institutional violence and an insufficient state response

Although many Colombian governmental institutions have denounced anti-LGBT violence and announced initiatives to support the LGBT population, the national response to COVID-19 has revealed ongoing exclusion of LGBT Colombians. On May 29th, the Trans Community Network reported that Alejandra, a trans sex worker who had called for an ambulance due to symptoms of COVID-19, was refused ambulance service when the crew learned that she was HIV-positive and died shortly thereafter.[12] To this date, no investigation or review of the incident has been announced.

The neglect of LGBT Colombians is also clear in the case of Estefany, known as “Chispita,” a trans woman who lived on the street in Cartagena and was HIV-positive. A disturbing video was recorded on June 13th showing Estefany lying on the ground and calling for help as she suffered a health crisis. After four hours without help and despite several calls from neighbors to the authorities, Estefany was finally brought to a hospital, but died shortly after arriving.[13]

Colombia has also neglected people’s needs and human rights within jails and prisons. On June 8th, Daniel Osorno Márquez, a 22-year-old gay man known as “Pupileto,” was found dead in an isolated cell in Bosque detention center in Barranquilla. In announcing his death, authorities stated that Daniel had been diagnosed with COVID-19. Daniel’s family and lawyer announced that they had never been informed of this diagnosis. Daniel had repeatedly reported violence, sexual abuse, and discrimination during his incarceration.[14]

These cases illustrate the urgent need for effective measures by the Colombian government to protect the LGBT community. Race & Equality calls on the State of Colombia to:

  1. Provide additional support for civil society’s and local authorities’ human rights monitoring activities in response to the COVID-19 pandemic.
  2. Take the necessary actions to accelerate the investigations of violent crimes against LGBT people, particularly trans women, and accelerate the legal processing of these cases to combat impunity.
  3. Ensure that public health policies, particularly emergency medicine policies, do not stigmatize, criminalize or discriminate against LGBT people, especially trans people, LGBT sex workers and people with HIV.
  4. Strengthen measures to educate and train members of the National Police and INPEC (the national penitentiary system) on human rights, particularly LGBT rights, and ensure that all human rights complaints against these bodies are thoroughly investigated.
  5. Involve affected communities, including the LGBT population, in the design and implementation of COVID-19 response measures in order to collect necessary information, ensure buy-in, avoid unintentional harms and guarantee effectiveness.
  6. Implement public policies and COVID-19 response measures that respect diversity, acknowledge LGBT people’s self-identification and incorporate intersectional analysis. We particularly urge local authorities to explore alternatives to policies such as pico y género that separate people by gender in order to avoid the risks generated for LGBT people’s rights.

Race and Equality urgently calls on the IACHR to strengthen its monitoring mechanisms on the general situation of human rights of the LGBT population in Colombia in the context of the pandemic and asks it to reiterate to the State its obligation to respect human rights, even in emergency situations, recalling that States have an obligation guarantee the rights to life, integrity and identity of its population, especially those in the highest state of vulnerability which is intensified in emergency contexts such as the one we are experiencing.

[1] https://www.elheraldo.co/lgtbi/preocupa-aumento-en-2020-de-homicidios-de-personas-lgbt-734830

[2] https://www.elespectador.com/noticias/politica/alerta-por-crimen-de-mujeres-trans-en-costa-caribe-pese-a-cuarentena/

[3] https://caribeafirmativo.lgbt/asesinan-mujer-trans-suroriente-barranquilla/

[4] https://caribeafirmativo.lgbt/asesinato-brandy-seis-las-personas-lgbti-asesinadas-area-metropolitana-barranquilla-marco-del-aislamiento-social/

[5] https://pares.com.co/2020/03/28/a-todos-los-que-bajen-les-damos-de-baja/

[6] https://www.elespectador.com/noticias/nacional/burlas-discriminacion-y-punaladas-la-violencia-que-revela-el-pico-y-genero-articulo-917657/

[7] https://www.colombiainforma.info/entrevista-pico-y-genero-o-la-vigilancia-del-genero/

[8] https://www.facebook.com/RedLGBTIdeBoyaca/photos/a.255356325169408/577495662955471/?type=3&theater

[9] https://twitter.com/redcomunitariat/status/1274290767964581888

[10] https://www.noticiasuno.com/politica/personas-trans-de-barrio-santa-fe-en-bogota-denuncian-crueldad-y-ataques-policiales/

[11] https://twitter.com/redcomunitariat/status/1256652501996240896

[12] http://oldrace.wp/es/espanol/raza-e-igualdad-lamenta-la-muerte-de-alejandra-monocuco-mujer-trans-trabajadora-sexual-en-colombia-y-condena-actos-de-discriminacion-y-violencia-institucioan-basados-en-su-identidad-de-genero/

[13] https://caribeafirmativo.lgbt/abandono-prejuicios-del-estado-hacia-mujeres-trans-continuan-evidenciandose-cartagena/

[14] https://www.elespectador.com/noticias/nacional/muere-pupileto-en-barranquilla/

Afro-Colombian Day 2020: despite historical and structural adversity, Afro-Colombians show resilience

Bogota; May 21, 2020 – On Afro-Colombian Day 2020, the International Institute on Race, Equality and Human Rights (Race & Equality) shares the following statement:

Race & Equality marks Afro-Colombian Day 2020 by honoring the work of the Afro-Colombian organizations and communities with whom we partner. We salute these groups and the whole Afro-Colombian people for the resilience they show in combatting the racism and structural racial discrimination that permeate Colombian society and the actions of the Colombian State. Despite adversity, Afro-Colombians assert their presence in the political and cultural spheres by carrying on the work of historical memory, affirming their ethnic heritage, defending their territorial claims and making invaluable contributions to the Colombian peace process.

Since last year’s celebration of Afro-Colombian Day, the human rights situation for Afro-Colombians has not improved. Violence against Afro-Colombians, especially community leaders and human rights defenders, has worsened in much of the country. The promises of the “Ethnic Chapter” in the Colombian Peace Accords have not materialized. For Afro-Colombians, the post-conflict era has brought not new opportunities, but instead new threats to their rights, autonomy and lives.

The COVID-19 crisis has dramatized the effects of racial discrimination on the lives of Afro-Colombians, who are suffering particularly negative impacts and an inadequate government response. Afro-Colombian organizations and communities have undertaken collective actions to meet their own needs, but they have not received sufficient support or resources from the State.

In late 2019, Race & Equality accompanied a coalition of Afro-Colombian organizations in presenting an alternative report to the UN Committee on the Elimination of Racial Discrimination (CERD) during its review of Colombia. The CERD accepted favorably the analysis and recommendations presented by these organizations, including them in the Concluding Observations of the review. On Afro-Colombian Day 2020, Race & Equality urges the Colombian State to implement these recommendations, particularly:

  • Correcting the results of the 2018 Census, which systematically undercounted Afro-Colombians, and implementing new Census policies that reflect Colombia’s demographic realities
  • Fully implementing Law 70 (1993)
  • Fully implementing the “Ethnic Chapter” in the Final Peace Accords
  • Compliance with legislation and court rulings protecting the rights of Afro-Colombian conflict victims

Race & Equality is committed to continuing our support of Afro-Colombian organizations and communities as they protect and promote their rights. We hope to celebrate advancements in these rights throughout the next year and on Afro-Colombian Day 2021.

No more silence: Reclaiming our voice on the International Day against Homophobia, Transphobia and Biphobia

Washington D.C., May 17. This May 17 marks 30 years since the World Health Organization (WHO) declassified homosexuality as a mental disorder, a global milestone that accelerated progress in the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI). On this date, we commemorate the International Day Against Homophobia, Transphobia and Biphobia, a day to draw attention to the violence and discrimination that LGBTI people still suffer in our societies.

This year the promoted theme is “breaking the silence,” inviting people from the LGBTI community to no longer be afraid to express their sexual orientation or gender identity to their family or to others in their social circles. The commemoration this year is also framed within a global health crisis generated by COVID-19, which has intensified structural discrimination and evidenced the prejudices that persist in our society.

Historically, the LGBTI population has been stigmatized by a heteronormative society that has not allowed their participation in public spaces. The commemoration of this day is vital to bring to light all the acts of discrimination that endure in our societies and to denounce violence against people with diverse sexual orientations and gender identities.

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“To break the silence is to give a voice to those who have had theirs silenced by stigma, discrimination, social exclusion, and the constant violations of rights that remain in impunity because of States’ lack of political will. To break the silence is to shout with evidence a truth that our States, in most cases, do not want to show or do not take into account. Breaking the silence is saying we are, we exist, and we have rights.”

The fight for equality and justice is a daily job for many people.  It is not just about commemorating this day, but rather it is a fight that persists throughout every day of the year.

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Santiago Balvín Gutiérrez, explains to us the importance of being able to raise his voice as a trans person: “Breaking the silence has enabled my body to speak, my insides to speak, and my experiences speak. They do not remain silent because my life, and the lives of my trans sisters and brothers, do not deserve to be silence because they are different. Breaking the silence means to me that every feeling of oppression is also broken and seeks freedom for everyone, the same freedom that I began to feel when I chose to be myself.”

In recent weeks, we have witnessed latent and structural discrimination in the implementation of public policies by States and their institutions in response to COVID-19 that have exacerbated inequalities. The absence of public policies with a gender focus and the lack of training and awareness of public authorities has reproduced patterns of violence and acts of discrimination against LGBTI people. In many cases, the social distancing policies adopted by States did not consider the poverty, marginalization, and violence that people with diverse sexual orientations and gender identity face on a daily basis. By failing to do so, they exposed this group to harm.

The enactment of “pico y género” in different countries caused serious human rights violations, especially for the trans population. Their vulnerability is on the rise, as they face not only abuse of power by law enforcement, but also unemployment and domestic violence. Many have had to post pone name change trials, postponing a necessary step to protecting their gender identity, and others lack access to medical centers to receive hormone treatment or other medical necessities due to the pandemic.

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Today more than ever, it is necessary to take differentiated and specific actions for the LGBTI population, with forceful strategies to stop cases of abuse and systematic human rights violations of all diverse people. Franklin Quiñones, from the Fundación Arcoíris de Tumaco, believes that breaking the silence implies “making visible and / or denouncing any act of discrimination and / or violence against people with diverse sexual orientations such as the LGBTI population,” which can be achieved “by supporting us in the use of all existing legal human rights protection and communication tools.”

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Likewise, Sandra Arizabaleta, from the organization Somos Identidad in Cali in Colombia, explains that: “it is urgent to break the silence so that we use all community and legal mechanisms in order to enable the free development of the lives of LGBTI people. You can (and should) love beyond a role assignment and genitality.”

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

LGBTI people who are also members of other marginalized populations experience a different form of discrimination and rights violations. Examples of this are people of African descent with diverse gender identities and expressions who live with extreme violence, without support from the State, in poverty, and without access to basic health services, education, and employment. “Regions such as the Colombian Pacific, where a greater number of Afro-descendants live, are far from being protected with measures that use an intersectional approach,” adds Sandra of Somos Identidad.

The health crisis caused by COVID-19 has shown that despite advances in human rights for the LGBTI population, there are still great gaps and challenges that can only be overcome with the political action of States to guarantee human rights with a differential focus. “In times of crisis, it becomes clear who are leaders and who are not, and bad leadership will tend to exacerbate difficulties for the most vulnerable populations,” says Carlos Quesada, Executive Director of Race and Equality.

“For thousands of people around the world, breaking the silence often means remaining silent. Shouts occur when small gestures can go unnoticed, simple looks demand light or even a weak voice hesitates to echo in certain spaces. To be heard, sometimes we need to be vigilant because there is no point in breaking the silence if there is no one to listen to us, if there are no spaces with sharp ears to capture sounds, but rather gestures, looks. The power to break the silence is only effective when there is the power to listen. Otherwise, we will spend a lifetime wanting to have ‘meaning’,” explains Mariah Rafaela, Research Coordinator at the Conexão G Group of LGBT Citizenship in Favelas in Brazil.

Race and Equality, along with the LGBTI civil society organizations with which we work, urges Latin American States to:

– Take measures to prevent violence, with a differentiated perspective that considers the historical discrimination suffered by Afro-LGBI and trans people.

– Open a dialogue for monitoring the context of violence based on sexual orientation and gender identity together with civil society.

– Provide trainings to State officials on these issues.

– Include LGBTI people in emergency health planning. LGBTI representatives and voices need to be included, as well as sex workers, in all social protection plans, especially in access to emergency income.

Finally, it is an obligation of States to join us in breaking the silence against discrimination, violence, and indifference through affirmative actions that guarantee the recognition of the rights of LGBTI people.

Race and Equality launches practical guide for requesting precautionary measures at the IACHR

Washington, DC.  May 8, 2020.  The International Institute on Race, Equality and Human Rights (Race and Equality) has released “Precautionary Measures at the Inter-American Commission on Human Rights: Function and Process,” a manual to assist activists and human rights defenders with the process of soliciting precautionary measures from the Inter-American Commission on Human Rights (IACHR).

“This educational tool can provide support to civil society organizations who face the risk of serious human rights violations when they prepare requests,” remarked Carlos Quesada, Race and Equality’s Executive Director.

The guide consists of two documents: one aimed at attorneys and legal experts, and an illustrated guide that follows four characters through the process of requesting and receiving precautionary measures, designed to explain the steps of the process to grassroots activists.

“We assembled this guide to ensure that activists who lack experience in the Inter-American legal system can access the precautionary measures process. For each step of the process, the guide provides the reader with a ‘theory review’ where the illustrated characters explain what each step implies and a ‘practical review’ that explains the steps of preparing and filling out each requirement. All the cases used as examples in the guide were created as educational examples; in no way do they correspond to real cases,” explains Christina Fetterhoff, Senior Legal Program Officer.

The guide, now available to download from Race and Equality’s website at www.raceandequality.org/publications, aims to build capacity among users of the Inter-American Human Rights System and in so doing strengthen the System as a whole.

According to Caitlin Kelly, Legal Program Officer for Latin America, “Precautionary measures are a vital tool for protecting human rights and for taking concrete steps to protect people at risk of fundamental rights violations. Race and Equality strives to make this tool and the Inter-American system as a whole more accessible to grassroots activists in the region, as part of our broader efforts to allow these activists to take the lead in demanding their own rights. We hope that it will be very useful to our partners.”

The International Institute on Race, Equality and Human Rights is an organization that works with organizations and activists in Latin America to protect and promote the human rights of marginalized populations, particularly people suffering rights violations due to their race, sex, sexual orientation, or gender identity. Race and Equality provides capacity-building to grassroots organizations so that they can become effective political actors and promote structural changes in their home countries.

Race and Equality organized a webinar for activists to share the effects of COVID-19 on the LGBTI population in Latin America with UN Independent Expert on SOGI

The International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar with the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (UN IE on SOGI), Victor Madrigal, and leaders, activists, and members of LGBTI civil society groups from different Latin American countries to discuss and better understand the current conditions amidst the coronavirus pandemic.

The event, titled “The reality of the Afro-LGBI and Trans populations during the current health crisis caused by COVID-19 in Latin America,” that was held on Thursday, April 23, began with opening remarks from Mr. Madrigal, speaking about the statement on COVID-19 released by the UN Expert on March 26 and the motivations behind it. “We must have a clear understanding of when these measures have a differentiated impact on our communities and populations,” he states, explaining the need to understand the disproportionate and unequal impacts of the pandemic, as well as the importance of sharing experiences throughout communities for mutual support, and the importance of States including these communities when designing what measures should be taken.

Trans activist Santiago Balvín from Peru cited the numerous cases of violence against trans women that emerged due to the “pico y género” measure that was implemented, restricting the movement of the population based on their gender. “From the beginning of quarantine until April 10 when this policy ended, in the course of about 25 days, more than 15 transphobic cases occurred by part of the police or armed forces,” stated Balvín, also pointing out that even though the policy was repealed, in the official communication it was said to be due to the high agglomerations of women and not because of the complaints of violence and discrimination against the trans population.

Colombia has taken the same gender-based measures in different cities, using “pico y género” and leaving the movement of people in the hands of the police. As activist Victoria Daza of the LGBTI Working Table of Cartagena details, this has placed their right to food and health at risk, making it hard for the trans population to access these needs. The Ministry of the Interior promised to provide aid to LGBTI organizations in a campaign called “Colombia is with you,” but until now, no food or supplies have been received.

In other regions of the country such as the Colombian South Pacific, worries are even greater, as this region finds itself impoverished and without the necessary infrastructure to deal with a crisis of this scale.  Sandra Arizabaleta from the organization Somos Identidad in Cali states that “violence and historical State abandonment have left their marks on this part of the country.” She gives the example of Tumaco where “at this time they do not have any health services to attend to people who contract COVID-19.” The projected duration of the pandemic and delay in protection of the most vulnerable populations, such as LGBTI people, is extremely worrisome for activists in this region.

Christian King, Executive Director of TRANSSA, a trans organization in the Dominican Republic, also expressed his concern about the lack of information or specific action being taken within the current conditions. “In our country they are only sharing the numbers. They do not share any information about the population or specific sectors where these people are from.” The lack of knowledge and specific legislation to protect trans people in the Dominican Republic is even more critical during times like these.  No special measures have been taken to help the trans population, and policies such as curfews jeopardize their means of living.

While the majority of States have been implementing different plans to combat the spread of COVID-19, the unstable state of national politics in Brazil have left containment efforts up to the local government.

“Brazil, is one of the 4 countries in the world that ignored the recommendations of the health agencies in order to strengthen neoliberal policies, taking advantage of this moment of a world crisis to remove more labor rights, and to implement more negative measures,” said Bruna Benevides of the Brazilian National Association of Travestis and Transexuales, ANTRA.

She also outlined that underreporting cases has been a State policy used as justification to manipulate the population into believing that everything is fine. “Such policy directly affects the impoverished, black people, elderly, people with disabilities, women, people living with HIV, LGBTI+, indigenous people and others that have more risk factors due to the precarious nature of their lives. Black people are the majority among the dead and are more likely to have complications,” she concludes.

The event, that counted with more than 500 participants following through Zoom and Facebook live, brought to light the need for more action to aid members of the Afro and LGBTI communities throughout the current health crisis. The IE on SOGI ended the event stating that the IE SOGI Mandate is at the service of all LGBT organizations, encouraging civil society groups and activists to submit reports and information on the effects of COVID-19 in their home countries.

With our partners, Race and Equality urges States to include LGBTI representatives in emergency public health planning and actions to combat COVID-19, taking into account persons with diverse gender identities and their particular needs during these times. States should provide aggregated data on these populations in order to better serve the most vulnerable and marginalized, such as the Afro-LGBI and trans populations. With this, States should also take differentiated measures to attend to the needs of LGBTI persons in the informal labor market who find themselves at a higher risk for contraction.

Race and Equality calls on Latin American States for more inclusive measures to be taken for transgender people

Washington D.C., March 31st 2020. Today we commemorate the International Transgender Visibility Day, a day to celebrate transgender lives and raise awareness about the discrimination this population faces. On this day, the International Institute on Race, Equality and Human Rights (Race and Equality), wants to give visibility to the issues transgender people face throughout Latin America.

All over the world, racism and other forms of discrimination marginalize and ostracize the trans population. This makes access to health services, education, work, and housing extremely difficult.  Unfortunately, States limited disaggregated data on the situation of trans people rendering them invisible from groups targeted for public policies designated to support vulnerable situations, especially in Latin America. Combined, these factors place them in vulnerable situations where they are more susceptible to different illnesses, addictions, and violence.

Violence against the trans community in Latin America

The trans community continues to face severe incidents of violence. For example, Brazil remains the leading country in trans homicides around the world with 127 registered cases[1], closely followed by Colombia who ranks third, with 21 recorded crimes against this population[2].  According to data collected by the National Association of Travestis and Transsexuals (ANTRA) in Brazil, there was a 90% increase in the first bimester of this year (38) compared to the same period last year (20).[3] According to these statistics, in some countries, to identify as trans is to sign a death sentence.

In Perú, the trans community continues to face large amounts of violence and discrimination. During the 2020 congressional elections, Gahela Cari, the first transgender candidate to run for Congress in Peru, tried to cast her vote when a member of the National Jury of Elections (JNE) refused to recognize her gender identity. Similarly, members of the polling station in Lambayeque harassed Fiorella Mimbela, an LGBTI+ activist, when her legal name and image were spread around social media networks.[4] These are not isolated acts but part of a wider pattern of rejection and violence the Peruvian trans community faces.

In the Dominican Republic, LGBTI organizations have recorded around 48 transgender homicides since 2006. Out of these 48 only 5 have verdicts, demonstrating the trans community not only faces high levels of violence but also faces barriers in access to justice. A more recent case shows that strangers are not always the perpetrators of these heinous acts. Willianny, a trans woman, had both her hair and breasts cut off by her own family members before her funeral, a repudiation of her identity. One LGBT activist, Yimbert Feliz Telemin, commented that “in the Dominican Republic being trans is worse than being a street dog.”[5]

Continual work must be done in order to combat the discrimination and violence against the trans population. Race and Equality calls on all Latin American and Caribbean States to sign and ratify the Inter-American Convention Against all Forms of Discrimination and Intolerance[6] and, for States that have not done so, legally recognize the gender identity of trans and non-binary people in accordance with the Inter-American Court of Human Rights Advisory Opinion 24-17[7]. Additionally, we remind States that many members of the trans community are sex workers and depend on their profession to survive. We call on States to safeguard their rights and guarantee they will not be the object of cruel, inhumane or degrading treatment.

Gender Identity

Much of the discrimination against the trans population is also created from the lack of recognition of their identity.  As ANTRA describes it, it is not only the denial of their name, but their identity, “an appropriation by a society that frequently prefers to expose rather than welcome.”[8] Oftentimes, countries such as the Dominican Republic do not allow trans people to legally change their name while other countries place hurdles such as high costs, long bureaucratic processes, or as in Peru, require the process to be through the courts. Having the correct documentation is just the first step of many to demarginalize trans people from different public spaces. 

In countries where name recognition is legal, there continue to be issues with the lack of information regarding the process, both in relation to the necessary procedures and what to do in cases of discrimination. In rural areas all these issues are exacerbated. Bruna Benavides from ANTRA in Brazil notes that there is little investment in training or capacity building programs for trans leaders, so that they can provide the necessary assistance for people to complete the rectification of their documents.

Trans people during the pandemic

In collaboration with our partners we also ask for the inclusion of trans people in all public policies created due to COVID-19, not only at the local and state level, but also at a federal level, especially those developed to aid low-income, self-employed, and unemployed people. During this time, the stigma and discrimination against the trans population has become more visible. We call on States to guarantee their access to health and put in place protocols that will ensure they are treated humanely and not discriminated against because of their gender identity.

[1] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[2] https://www.rcnradio.com/colombia/colombia-tercer-pais-en-america-con-mayor-riesgo-para-personas-trans

[3]Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[4] https://larepublica.pe/genero/2020/01/27/elecciones-2020-gahela-cari-y-fiorella-mimbela-denunciaron-discriminacion-y-transfobia-en-lima-y-lambayeque-transgenero-atmp/?fbclid=IwAR19ssnwXobbu2OkKcjMSZGvPqvRDKc2nkP0N93Hky31Wcz-Smb6nBYdB8s

[5] https://plumasatomicas.com/lgbt/familia-mutilo-senos-cabello-mujer-trans/

[6] To date only Uruguay and Mexico have signed and ratified this Convention. Avaiable at: http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-69_discriminacion_intolerancia.asp

[7] https://www.corteidh.or.cr/docs/opiniones/seriea_24_esp.pdf

[8] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019” 2020.

Colombian Afro-LGBTI organizations meet with representatives from the JEP

Leaders of Afro-LGBTI organizations from the municipalities of Cauca, Valle del Cauca, Nariño and the Colombian Caribbean explained and denounced the effects and violence Afro-descendants with diverse sexual orientations and gender identities suffered during the armed conflict before representatives of the Special Jurisdiction for Peace (JEP).

The event that took place on March 12 and 13 is part of a project led by the International Institute on Race, Equality and Human Rights (Race and Equality) with the support of the Canadian government. “The project seeks to make Afro-LGBTI victims of the armed conflict, as well as the causes and differential impacts that these types of violence have on people with diverse sexual identities and expressions, more visible,” said Laura Poveda, lawyer for Race and Equality. In relation to this, Pedro Cortés, Colombian consultant at Race and Equality, highlighted the importance of this meeting as a space that strengthens and increases the participation of Afro-LGBTI civil society organizations before the Comprehensive System of Truth, Justice and Reparation.

Throughout the meeting, which included the participation of JEP magistrate Heydi Patricia Baldosea Perea, also a member of both the gender and ethnic commissions of the same institution, the participants, through a collective dialogue, delved into the violations and direct effects that Afro-LGBTI groups continue to face in the territories.

Joana Caicedo from the organization Somos Identidad in the city of Cali, pointed out that LGBTI people, especially from the most impoverished communities in the city, which are mostly composed of Afro-Colombians, have faced and continue to face situations of violence by armed actors in the territory. Armed groups during conflicts use strategies to correct of modify expressions that they consider “abnormal”, for example, the most common forms of violence against LGBTI people are forced recruitment and sexual violence.

“LGBTI people are usually forced to hide and try to act normal so as not to be harassed; now, living in different contexts as a black person is difficult, so being LGBTI in contexts of violence and armed conflict further exacerbates the situation,” indicates Caicedo from Somos Identidad.

Vivian Cuello from Caribe Afirmativo emphasized that structural racism still persists in all of society, which is why the armed conflict disproportionately affected Afro-descendant groups. “It is no coincidence that the armed conflict mostly affected a large part of the racialized territories. This is due to an imminent absence of the State in these territories, which allows armed groups to inhabit and take control of the territories,” she added.

According to Angelo Muñoz of the Afro-Colombian Foundation Arco Irís in Tumaco, the “objectification” and “social normalization” of violence against LGBTI people is another one of the main effects diverse groups suffered in the territories where there is and has been armed conflict.  He also emphasized the state of violation that represents for the LGBTI groups in Tumaco, not having judicial or social support when it comes to violence against various people.

“In a territory where there is armed conflict, the black and LGBTI are a vulnerable body in an indifferent territory,” added Muñoz.

Judge Baldosea referred to the 7 cases that have so far been opened in the Special Jurisdiction for Peace, thanking and encouraging civil society organizations to present reports that integrate data that may be related to already open cases in order to approach such investigations from an intersectional approach.

Additionally, the Magistrate carefully explained the processes and methods used by the Special Jurisdiction for Peace and the way in which these are being reviewed.

Magistrate Heidy Patricia Baldosea, JEP

“We do not have a clear idea or exact data on how many cases will be opened; to date civil society organizations have submitted an average of 284 reports and the call is open until March 2021. For our part, as body that has a clear mission of clarifying the truth, we will continue working to guarantee a comprehensive process for victims,” said Baldosea.

Likewise, representatives of Afro-LGBTI civil society recommended decentralizing the processes that are being carried out to date in the JEP, to approach communities in the territories through less institutional forms, and thus generate trust and bring the necessary information in the clearest and most concise way.

Through this project, Race and Equality, with the support of the Canadian government, seeks to join the initiatives undertaken by organizations such as Caribe Afirmativo who have already presented documented cases before the JEP of Afro LGBTI victims of the armed conflict in the region of Urabá (northwestern Colombia) and the municipality of Tumaco.

March 21: International Day for the Elimination of Racial Discrimination

Message from Carlos Quesada, executive director of Race and Equality

Washington DC, 2020, May 21st. Today we commemorate once again the International Day for the Elimination of Racial Discrimination, a day that we at the International Institute on Race, Equality and Human Rights (Race and Equality), take as an opportunity to remember our universal rights to equality and non-discrimination. This message must be echoed in a context of growing intolerance, hate, and superiority speech that do not contribute to the development and well-being of our society.

We have been commemorating this day since 1966, in memory of the 1960 Sharpeville massacre in South Africa, when police opened fire and killed 69 people who were protesting peacefully against the Apartheid Pass Laws. Since then, racial discrimination has subsided considerably in Africa and also in Latin America.

This year, Mexico ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, thus joining Uruguay, Costa Rica, and Antigua and Barbuda; and also ratified the Inter-American Convention against All Forms of Discrimination and Intolerance, which entered into force with this ratification.

Also in Mexico, the inclusion of the Afro-descendant self-identification question was achieved for the first time in the 2020 Census. However, it was included late in the process, so Afro-Mexican organizations had to start their awareness campaigns just a few months before the census, which is being carried out this month. Currently, the campaign continues with great force led by the Collective to Eliminate Racism in Mexico (COPERA, for its initials in Spanish) along with Race and Equality and in alliance with some government agencies and Afro-Mexican organizations.

In Panama, we are concerned that the census scheduled for May 2020 was postponed until the first quarter of 2021, due to delays with the bidding process. This implied that all progress made on the 2020 Census was suspended, and adjustments to the next steps represent a great challenge. This is because there are several actions that must be carried out such as updating the budget, cartography, and identifying and hiring personnel, among many other duties. However, this period has allowed for the promotion of self-identification among Afro-descendants in both rural and urban communities.

In Colombia, the number of social leaders assassinated in 2019 was alarming: at least 253, of which 91 were Afro-descendant and indigenous leaders, according to the Institute for Development and Peace Studies (INDEPAZ, for its initials in Spanish). Patterns of structural racial discrimination continue to prevent Afro-Colombian and indigenous communities from having effective enjoyment of their economic, social, and cultural rights compared to the rest of the Colombian society. It is a matter of concern that given this situation, the Colombian government has not guaranteed an adequate statistical estimate of the Afro-Colombian population. This is reflected in the 2018 Census, where the black, palenquera and raizal population was reduced by 31% compared to the 2005 Census. The Government is also not offering the conditions needed for the implementation of the Peace Agreement with an ethnic-differential approach.

In Brazil, between January and February 2020, 38 trans women were killed, of whom 75% were Afro-Brazilian. This figure is particularly worrisome because it is 90% higher compared to last year’s figures. In general, most LGBT crimes are committed against Afro-descendants, according to data from the National Association of Travestis and Transsexuals (ANTRA, for its initials in Portuguese).

In Cuba, there is still no implementation plan for the International Decade for People of African Descent. We have managed to document that the majority of the activists who are victims repression by the Cuban Government are Afro-descendants, such as Juan Antonio Madrazo, Marthadela Tamayo or Nancy Alfaya. From the State’s side, there is no opening to recognize the existence of racial discrimination on the island.

From Race and Equality, we will continue to make visible, fight, and denounce the marginalization and injustices that Afro-descendant populations face in the Americas. We will continue to work, especially in the company of our counterparts in the region, who, from their communities, contribute to tehe construction of a more equal society.

On International Women’s Day, Race and Equality Honors the Work of Women Human Rights Defenders

To mark March 8, International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) wishes to highlight the fundamental role played by women human rights defenders in Latin America and the Caribbean. In a region where rates of sexual and gender-based violence against women are extremely high and multiple forms of discrimination are entrenched, women human rights defenders are key in the fight for the defense of women’s human rights. Likewise, they are at the vanguard of promoting and protecting the rights of others.

Although the vast majority of countries in Latin America and the Caribbean have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),[1] women in the region continue to suffer inequalities that negatively impact their full enjoyment of human rights. According to the Economic Commission for Latin America and the Caribbean (ECLAC), more than 3,800 women in 33 countries in the region were murdered because of their gender in 2019.[2] This violence stems from structural inequalities which profoundly affect all women, but especially women members of historically marginalized groups like Afro-descendants and the LGBTI community. For example, according to the Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women, Afro-descendant women are victims of multiple forms of violence, which is often racialized. Likewise, the current discourse on gender ideology in the region, driven by in large part by conservative religious groups, has led to more discrimination against lesbian, bi-sexual, and trans women, as well as more hate crimes and murders. Finally, poverty in Latin America and the Caribbean, as in other regions in the world, has a feminine face, as women are less likely to have access to higher education and work outside of the home than their male counterparts. When women do work outside of the home, they are paid, on average, 17% less than men.[3] All of these factors make the work of women human rights defenders of utmost importance. But, they are also facing some grave challenges.

In Colombia, where the post-Peace Accord reality for human rights defenders is startlingly alarming due to the high rate of murders of defenders and impunity for those murders, women human rights defenders are among the most vulnerable. As the Office of the United Nations High Commissioner for Human Rights recently documented, the number of women human rights defenders killed in Colombia in 2019 increased by 50% over the 2018 number.[4] Afro-descendant and rural women defenders are at generally greater risk, just as they suffer greater vulnerabilities in terms of overall enjoyment of their human rights.

In Cuba, independent women activists are facing an increase in repression and de facto house arrests, as well as reprisals and threats against themselves and their family members. Travel restrictions arbitrarily imposed by the Cuban government routinely prevent independent activists from participating in advocacy activities outside of the island and the application of these against women continues to grow. Furthermore, Cuban women are clamoring for an Integral Law against Gender Violence – a proposal which has been rejected by the National Assembly – and they continue to face difficulties in accessing decent, well-paying jobs.

In Nicaragua, the crisis that began in April 2018 has had a profound impact on women. Women human rights defenders, such as the Mothers of April, have played an important role in the opposition movement, as many have lost their children to the violence of the crisis. There has also been an overall increase in violence against women and femicides, as a result of the crisis. Furthermore, women in Nicaragua also face disproportionate economic consequences due to the crisis, as many have been left as heads of households, with male family members killed, imprisoned, or fired from their jobs because of their political ties.

In Brazil, the situation of violence against women is extremely concerning, especially against Afro-descendant and trans women. Our partners have documented that in the first two months of the year 38 trans women have been killed in the country.[5] This high level of violence makes the work of women human rights defenders – especially those working on behalf of diverse communities of women – all the more difficult and important.

Race and Equality calls on all Latin American and Caribbean States to honor the human rights commitments they have made under CEDAW and other applicable international human rights treaties, to respect and protect the rights of women. We likewise reiterate our support for women human rights defenders, especially those of our partner organizations and in the countries where we work, who so courageously and tirelessly fight to promote and defend the rights of women and others in the region on a daily basis. We thank you and assure you that you are not alone in your work towards a safer, more just, and equitable society for all.

[1] OHCHR. Status of Ratification Interactive Dashboard: CEDAW, https://indicators.ohchr.org/ (last accessed Mar. 4, 2020).

[2] ECLAC. Measuring femicide: challenges and efforts to bolster the process in Latin America and the Caribbean, Nov. 2019, available at: https://oig.cepal.org/sites/default/files/femicide_web.pdf.

[3] UN News. More women in Latin America are working, but gender gap persists, new UN figures show, Oct. 28, 2019, available at: https://news.un.org/en/story/2019/10/1050121.

[4] UN News. Colombia: ‘Staggering number’ of human rights defenders killed in 2019, Jan. 14, 2020, available at: https://news.un.org/en/story/2020/01/1055272.

[5] See www.antrabrasil.org.

Race and Equality celebrates the appointment of Trans people to public office in Colombia and condemns acts of discrimination based on gender and sexual orientation

On December 26, 2019, the mayor-elect of Manizales, a city in the Colombian department of Caldas, announced that the well-known trans activist Matilda Gonzalez would lead the city’s Office of Women’s and Gender Affairs. Gonzalez holds a law degree from the University of the Andes and a Master of Laws in international law from American University. She has worked for the Inter-American Commission on Human Rights (IACHR)’s Rapporteurship on the Rights of LGBTI People, the LGBTI rights organization Colombia Diversa and the Office of Childhood and Adolescence in the Colombian Family Welfare Institute.  In addition, she has consulted for the International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA) and for the International Network of Civil Liberties Organizations (INCLO).

In another groundbreaking appointment, the mayor-elect of Bogotá recently named Deysi Johana Olarte Navarro as the city’s Deputy Director of LGBTI Affairs. As a political scientist at the National University of Colombia, Deisy studied gender-based violence, national and international policies on transgender issues. She is also recognized for her extensive career as a grassroots activist, working with trans people in Kennedy, Ciudad Bolívar and Santa Fe, which are all among Bogotá’s most marginalized areas.

In Colombia, transgender people not only suffer daily acts of direct violence and discrimination but also face prejudices that limit their access to work, education, and health. In turn, they suffer criminalization, segregation, marginalization, and poverty. The appointments of these trans women represent breakthroughs for equity, diversity, and inclusion. As directors of important public bodies, Ms. Gonzalez and Ms. Olarte will have the power to formulate and implement public policies that seek to guarantee the rights of women and LGBTI people. Race and Equality celebrates and encourages the appointment of people with diverse gender identities to executive positions. Such appointments are an opportunity to transform society’s image of what is possible, put the human right to political participation into practice, and advance the rights of the entire LGBTI population in Colombia.

However, there is still much to do. Conservative groups in Manizales responded to Ms. Gonzalez appointment with a campaign that filed more than 2,500 petitions to the Mayor’s Office asking for her dismissal.[1] The groups claim that Matilda is not suitable for the role because she was not ‘born biologically as a woman,’ a discriminatory argument ignoring the reality that there are many different possibilities for gender identity. Women’s life experiences, including their experiences of gender, are all different, making it impossible to judge their gender based only on the sex assigned to them at birth. Several bodies, including the Colombian Constitutional Court,[2] have recognized that a person’s internal and individual experience of gender differs from biological sex and that an environment which prevents someone from expressing their gender identity violates their dignity and their right to freedom of expression.

Race and Equality rejects any form of discrimination that seeks to limit the rights of transgender people and urges national, regional, and local leaders to appoint people of diverse sexual orientations and gender identities to public office, especially to the offices responsible for promoting and guaranteeing the rights of the LGBTI population.

[1] Conservative groups request the resignation of the Women’s Secretary of Manizales: https://www.eltiempo.com/colombia/otras-ciudades/grupos-conservadores-piden-renuncia-de-matilda-gonzalez-en-manizales-452142

[2] See Colombian Constitutional Court decisions T-143 (2018), T-804 (2014), T-363 (2016), T-476 (2014) and T-562 (2013), among others.

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