CERD Committee urges Colombia to compile accurate data statistics on its Afrodescendant population

CERD Committee urges Colombia to compile accurate data statistics on its Afrodescendant population

The UN Committee for the Elimination of Racial Discrimination (CERD) issued a recommendation to the Colombian State to adopt an appropriate methodology that ensures “accurate and trustworthy” data statistics are collected on the Afro-Colombian, Black, Palenquera & Raizal population, for its next population census.

The recommendation was presented alongside more than 40 other recommendations published in a follow-up document to the CERD country review, held on November 27 and 28 in Geneva, during its 100th period of sessions.  During the review, the Committee carried out an extensive review of the level of compliance of commitments carried by the State since its last review in 2015 that seek the eradication of any form of racial discrimination and racism in the country.

With respect to the 2018 Population Census, the Committee expressed concern that the data published on the Black, Afro-Colombian, Palenquera and Raizal Communities “doesn’t accurately reflect” the reality – given that the final results present nearly a 31% decrease in the specified population with respects to the figures of the 2005 Census. The CERD Committee stressed that the State must “ensure that the criteria for self-identification be applied and collected appropriately.”

This issue was precisely shared to the Commitee by Colombian civil society organizations during the review in November, calling it a “statistical genocide” against Afro-descendant populations. Civil society also stressed that the numbers published in 2018 further deepen the levels of social invisibility for these communities, and seriously limit the possibility to create public policies that can transform their condition of structural exclusion.

Reparations to Victims and the Ethnic Chapter

Another recommendation from the CERD Committee to the State was to conduct “extensive and effective investigations to process and sanction those responsible for violations of human rights committed against members of indigenous and Afro-descendant communities affected by the armed conflict.

The violence in Colombia, which continues to persist even after the signing of the Peace Accords, has created a context of risk for indigenous and Afro-descendant communities. In particular, the Committee expressed its concern at the increase in paramilitary intrusion into ethnic communities’ territories, the selective killings of Afro-descendant and indigenous community leaders, the increase of internal and mass forced displacement and the lack of protection given to these communities and the continued recruitment of children by non-state military actors.

With these issues in mind, the Committee urged the Colombian State to implement the “necessary means to ensure an integral reparation to the victims [of the conflict,] and to guarantee the distribution of necessary resources.”

In addition, the Committee expressed concern about the lack of implementation of the Ethnic Chapter of the Peace Accords and recommended that it be implemented by way of appropriate financing and through the participation of members from indigenous and Afro-descendant communities, particularly women. The recommendation then adds that “the processes of leadership selection in indigenous and Afro-descendant communities be respected.”

In Colombia, the situation of violence, vulnerability and marginalization continue to affect ethnic communities directly and disproportionately, as seen by the alarming levels of social leaders killed, threatened and displaced from their territories, this according to Colombian human rights defenders.

Other recommendations

  • To ensure that all the cases of racial discrimination, xenophobia, hate speech or violence for racial reasons be investigated and that those responsible for these violations be trialed and correspondingly sanctioned.
  • To categorize as a crime any diffusion of ideas that promote or justify racial hate and to prohibit organizations that promote racial discrimination and/or instigate it – as a way to comply with the previous recommendations of the Committee,
  • To increase efforts to prevent and eliminate the forced recruitment of indigenous and Afro-descendant children and youth by non-state armed actors and to ensure the application of means to de-mobilize and reintegrate them into society.
  • To guarantee protection of indigenous and Afro-descendant people against discrimination from State entities and government employees, as well as any other person, group or organization.
  • To increase efforts to combat the multiple forms of discrimination to which Afro-descendant and indigenous women are subject to, in order to ensure that they have adequate and effective access to justice, work, education and health (including reproductive health,) regardless of cultural and linguistic differences.
  • To adopt the necessary measures to prevent sexual violence against indigenous and Afro-descendant women and to guarantee victim’s access to adequate assistance and methods of protection that are both effective and culturally respectful.

Statement of Declaration

Race and Equality urges the Colombian State to take note of the recommendations from the UN Committee on the Elimination of Racial Discrimination, which seek to guarantee respect for the rights of the Afro-descendant and indigenous population in Colombia. We also urge the Colombian State to work alongside Afro-descendant civil society as the only true mechanism that guarantees participation, inclusion and true dialogue seeking to overcome the barriers of discrimination, racism and marginalization – structural conditions as a result of the invisibility of acts of discrimination which are still present in today’s social fabric.

Likewise, we call on civil society organizations to follow-up on each of the recommendations made by CERD, so that their statements can be used as accountability for the rights of all ethnic groups in Colombia.  

Colombia undergoes review by the UN CERD Committee as Afro-Colombian Civil Society Organizations Participate

Colombia was reviewed by the UN Committee on the Elimination of Racial Discrimination (CERD) during its 100th session between November 27-28. The Committee conducted a detailed review on the level of compliance of commitments made by the Colombian government towards the eradication of any form of discrimination and racism in the country by using the State’s responses to the recommendations made to it in its last review in 2015.

“Since its last review of CERD in 2015, the Colombian government has not delivered the necessary response which guarantees the rights of Black, Afro-Colombian, Palenqueras and Raizales (NAPR) communities,” stated an alternative report presented to the Committee by civil society organizations, including the Association of Displaced Afro-Colombians (AFRODES), the National Conference of Afrocolombian Organizations (CNOA), the Chocó Solidarity Inter-Ethnic Forum, the Racial Justice Collective, the National Network of Afro-Colombian Women “Kambiri” and the Consultancy for Human Rights and Forced Displacement (CODHES.)

UN CERD rapporteur member Mayte Verdugo was in charge of carefully reviewing the official report submitted by the Colombian State and of making a series of observations regarding the recognition of the rights of ethnic communities in Colombia.

Rapporteur Verdugo’s observations included: requesting the Colombian State for more information on the results of the last population census of 2018 and questioning the lack of visibility of Afro-Colombian communities in census findings; referring to the situation of Afro-Colombian women victims of the armed conflict; addressing the alarming levels of killed ethnic leaders; questioning the government’s plan to address the processes of prior consultation with ethnic peoples and finally the situation of the implementation of the peace agreement’s ethnic chapter.

DANE’s “Statistical Genocide”

The results of the 2018 National Population and Housing Census in Colombia showed alarming figures about the number of self-recognized NAPR communities, to what different media and civil society organizations have called a “statistical genocide.” The figures published by the Colombian National Department of Statistics (DANE) indicate a decrease in the self-recognized NAPR population since its last count, from 4,311,757 million in the 2005 to 2,982,224 million in 2018. This represents an abnormal decrease of more than 30% of the previous population – nearly 1.3 million self-recognized NAPR individuals.

“These figures do not represent us, and we do not accept them. They are a product of an institutional framework that has ignored the constant alerts made by Afro-descendant and indigenous ethnic organizations,” stated a CNOA press release reacting to the results. Father Emigdio, Secretary General of CNOA, also warned about the impact that these results will have on the lives of NAPR people, which will further obscure the communities and seriously affect the ability of adequate public policies being created that transform the “(structural) conditions of exclusion.”

In this regard, Rapporteur Verdugo and others CERD Commissioners questioned the State’s approach to the principle of self-identification on the 2018 census and pointed out the need to work on best practices that allow the true recognition of the NAPR people. The Colombian State admitted under-registration of the Afro-Colombian population in the results of the 2018 Census, and so it announced that state institutions will continue to work in accordance with the data collected in the 2005 census.

Colombian civil society organizations demanded that the State repeat the census for the Afro-Colombian population, as they warn about the negative effects that the lack of information may bring to ethnic groups in terms of budget allocation, visibility of the reality of the people and the need to create plans and policies for inclusion and equality for them.

“This finding is the responsibility of the Colombian state, which did not guarantee the necessary conditions that would strengthen the self-recognition question in the censuses, despite more than a decade of efforts made by the communities and the State to strengthen the processes of formation of self-identification. It is also worrisome that the National Department of Statistics has chosen to use its own research and data collection methodology, and had not shown confidence in the proposals of the NAPR communities, which included dialogue spaces such as the Inter-Ethnic Census Table that ceased to meet later having concluded the census operation in 2018,” adds Father Emigdio.

Lack of Implementation of the Peace Agreements and Ethnic Chapter

“Despite the existence of legal frameworks as well as advances in recognition of the differential impact of the armed conflict towards the NAPR population, there have not yet been significant changes in structural factors that positively affect ethnic peoples,” warns the alternative report delivered by Colombian civil society.

Similarly, the Ethnic Chapter of the Peace Agreements between the Colombian government and the Revolutionary Forces of Colombia (FARC-EP) designates the ethnic population as “seriously affected by the internal armed conflict” and offers a differential approach to the provisions necessary for the protection and reparation of the populations victims of the conflict. However, the situation of vulnerability, marginalization and violence continues to directly and disproportionately affect ethnic communities, resulting in an alarming number of leaders who have been killed, threatened and displaced from their territories.

Faced with this, the Colombian State admitted that there certainly is a worrying situation caused by illegal drug trafficking groups that threatens the lives of human rights defenders. In this regard, CERD Commissioners asked the Colombian State to take the necessary measures to guarantee the life of community leaders, recalling its obligation to protect the principles of life and the integrity of any person.

In addition, CERD members requested information from the State on the application of Law 70, the processes of prior consultation and land restitution for Afro-descendant and indigenous communities. The Committee pointed out the need to understand the presence of foreign and extractive companies in declared ancestral territories and the multiple denunciations of communities in these territories against the violence produced because of the presence of these foreign groups.

Collective reparation for Afro-Colombian women victims of the conflict

Colombia continues to adopt insufficient collective reparation processes for Afro-descendant women victims of the armed conflict. The case of the Coordination of Afro-Colombian Displaced Women in Resistance (COMADRE) is emblematic in the sense that despite being recognized as subject to collective reparation through Order 092/2008 of the Constitutional Court, the implementation of the reparation plan under the Decree 4635 has not advanced properly. Even worse, the implementation of the plan lacks a gender approach that considers the level of vulnerability of women.

In this matter, Commissioner Chung requested the Colombian State to explain the information contained in the report regarding sexual violence during the armed conflict, more specifically the types of violence, investigations, punishments and apologies of the State. Rapporteur Mayte Verdugo expressed her concern about the high number of cases of sexual violence against Afro-Colombian women and adolescents.

Civil society recommendations to the State of Colombia

During an informal dialogue between members of civil society organizations and CERD representatives, a series of recommendations were made which seek necessary and urgent improvements in the conditions of ethnic populations in Colombia, precisely because of the imminent state of vulnerability of NAPR populations.

Civil society issued recommendations to the Colombian National Department of Statistics to correct the results of the 2018 census regarding the under-registration of the NAPR population in order to mitigate the possible negative impacts against a population that has historically and disproportionately suffered the impacts of under-registration and public policies. In regard to the Peace Accords and the Ethnic Chapter, they urge the full implementation of it and of all legal frameworks that seek to advance the processes of restitution and protection of the rights of Afro-Colombian communities, particularly women. Finally, the Colombian state is urged to implement extraordinary measures to guarantee collective reparation of NAPR women victims of the armed conflict and to advance the established processes with a gender approach.

Watch here broadcast of Colombia CERD Session

No more impunity! International Transgender Day of Remembrance

On Trans Remembrance Day, The International Institute on Race, Equality and Human Rights (Race and Equality) stands in solidarity with the struggles of trans women against the various forms of violence they have been victims of, particularly the violence that has obstructed their lives. The fight against the murder of trans people must be the fundamental basis of any discussion on the implementation of policies or recognition of gender identity. This is the most basic task of all States.

Brazil remains the country with the highest number of trans people murdered in the world. The dossier on murders and violence against transvestites and transsexuals in Brazil of 2018, prepared by the National Association of Transvestites and Transsexuals (ANTRA), noted that, in 2018 alone, 163 murders of transgender people occurred, 82% of them black. The largest number of trans people were killed in the state of Rio de Janeiro, with a total of 16 murders. According to current ANTRA data, as of November 11, at least 106 transgender people have been killed in Brazil this year(2019).

Murders of trans people also occur in all other Latin American and Caribbean countries.  The effort of some civil society organizations to better document this violence has resulted in various regional observatories that monitor violence throughout the region such as: Sin Violencia LGBT, la Red Lactrans, and the ILGALAC, among others. However, these valuable efforts do not replace the duty of States to adequately register and investigate these acts. The UN Independent Expert on protection against violence and discrimination based on sexual orientation or gender identity and gender expression stated in his 2019 report on data collection and management:

“The breakdown of data that allows comparisons to be made between population groups is part of States’ obligations in the field of human rights, and has become an element of the human rights-based approach to data use.”

Accordingly, we highlight the relevance of not only adequately characterizing violence against the trans population, but also having a better characterization that accounts for their socio-economic situation, educational contexts, and racial characteristics, as it appears that in countries like Brazil, the magnitude of gender identity violence, especially violence against trans people, has had a particular impact on people of African descent.

This task, apart from being carried out through adequate investigation and prosecution work from a criminal perspective, must be accompanied by preventive actions in the different areas of rights protection.  Some actions to adopt include the construction of policies that respond to the origin of multicausal violence, the prevention of domestic violence due to gender identity, transphobic bullying in educational settings, adequate health care with a differential approach, as well as actions of transformation and openness in work spaces.

From Race and Equality, and in alliance with the civil society organizations with whom we work in the Latin American region, we will continue to demand that integral political States denaturalize violence against trans people, and the oversight of names and lives that also deserve to be lived with full respect for their dignity and full guarantee of their rights.

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“The situation of violence against Afro-LGBTI people is invisible and systematic in Latin America” Activists warn the IACHR

Quito, Ecuador. November 12, 2019. In the thematic hearing held during the 174 period of Hearings of the Inter-American Commission on Human Rights in Quito, Ecuador, LGBTI activists and Afro-descendants from Brazil, Colombia, the Dominican Republic, and Peru presented on the situation of violence, lack of protection, and lack of knowledge of their prevailing rights in each of these States.

Throughout the space, the activists highlighted how Afro-descendants with sexual orientations and non-normative gender identities are at greater risk of suffering from violations of their rights, especially by the States’ general lack of knowledge on the differentiated effects suffered by people living this reality.

Likewise, the activists presented a summary of different cases of murder and violence against transgender people and Afro-descendants, especially those committed with a high degree of cruelty and hatred; in addition to remaining completely unpunished. 

Bruna Benavides, ANTRA activist

“In January of this year, in Brazil, a trans woman had her heart torn out and then replaced by the image of a saint. Her murderer was acquitted of the charge, even though he narrated in great detail how he had killed her and kept her heart at home with a smile on his face,” said Afro-Brazilian activist Bruna Benavides, a member of the National Association of Transvestites and Transsexuals, or ANTRA in Brazil.

According to information given by Benavides, this year alone, 110 trans people were killed in Brazil, 85% of them black. Likewise, the activist reported that 90% of the population of transvestites and trans women in this country are engaged in prostitution due to the lack of job opportunities.

Furthermore, she pointed out that this group of people are recurring victims of different State institutions due to the inaccessibility of appropriate healthcare services and of fair employment opportunities and recognition, as well as having a lack of respect for their identities. In this regard, Benavides added ,“… today we are afraid to walk the streets again, and as a defender of human rights, I do not feel safe despite the progress we have made because our leaders have common policies of racist hatred , male chauvinism…”

In this order, the leader Justo Arevalo representative of the Colombian organizations Arco Iris de Tumaco, the National Conference of Afro-Colombian Organizations (CNOA), and Somos Identidad, highlighted that contexts of rejection, violence, and discrimination within these communities towards people who assume a non-normative sexual orientation or gender identity create other types of cyclical and systemic violence that threaten the integrity of AfroLGBTI people. An example of this is in Colombia, where there is forced displacement towards cities that sharpen the circles of violence in which these people live.

Justo Arevalo, Colombian activist

“In March of 2019, a report on the realities experienced by Afro-LGBTI people was filed in Bogotá before the Jurisdiction for Peace, whose main findings show that documented violence and impact are blocked by very racial and class-particular relations, typical of the sociocultural, economic, and political environment in which they occur, prejudice as a factor of violence, and the responsibility of illegal armed actors in the face of serious violations of rights against Afro LGBT people, “Arevalo added in his speech.

Belén Zapata, an Afro-descendant trans activist from Peru, alerted the audience of the impact that police abuse has on the lives of Afro-descendant and transvestite people, highlighting that it sets a pattern of deep violence against their right to personal integrity in countries like Brazil, Colombia, Cuba, the Dominican Republic, and Peru.

Likewise, the activist referred to the access of healthcare services by trans-descendant Afro-descendant women in the region, which is characterized in its generality for not being efficient or worthy of use by this population.

In this regard, the activist added: “There are still cases in which medical personnel offer inadequate and/or improper care to Afro-descendant transgender women. This pattern is particularly serious in cases of care for Afro-descendant transgender women who perform sex work and are taken in for injuries as a result of physical aggressions. But also, in cases where the request for other services is related to reproductive health or HIV / AIDS. “

Violation of the rights of Afro-LGBTI people is systematic

“As long as we avoid highlighting the intersection between race and sexual diversity, we will continue to perpetuate a system that makes the Afro-descendant LGBTI community invisible; we will continue to have legal structures, public policies, and government institutions that do not protect or guarantee the human rights of the Afro LGBTI population,” added Katherine Ventura, representative of the American University Legal Clinic. She also pointed out that there are patterns of violence that are particular to the Afro-LGBTI population, naming three: 1) Absence of rights’ guarantees focused on the Afro-LGBTI community; 2) Lack of implementation of existing laws and 3) Inadequate data collection, particularly in criminal investigation processes against Afro-LGBTI people.

On this matter, the Commissioners of the IACHR indicated the responsibility of the States to collect data, generate policies, and promote processes that guarantee the reparation, respect, and recognition of the rights of Afro-LGBTI people. In this regard, Commissioner Margarette May Macaulay urged States to ratify the Convention on the Elimination of All Forms of Discrimination as an alternative that seeks to address the issues of Afro-descendants with sexual orientations and non-normative gender identities.

To finalize the hearing, the organizations requested that the IACHR to urge the States of Brazil, Colombia, the Dominican Republic, and Peru to:

1. Urgently investigate cases of homicide and police abuse that involve Afro-LGBTI persons and, consequently, register and characterize them properly.

2. Implement the recommendations of the Afro-LGBTI population that this Commission has made since 2015, particularly those focused on the development of public policies that explicitly include the Afro-LGBTI population.

3. As part of the fulfillment of the objectives proposed in the Decade of Afro-descendants 2015-2024, the Afro-LGBTI population should be included as a beneficiary of justice and development-oriented measures in the region, and it should be requested that all states comply with the recommendations of the Inter-American Commission regarding the importance of providing differentiated data on sexual orientation and gender identity.

4. Suggest the ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Intolerances and the Inter-American Convention against All Forms of Discrimination and Intolerance to all States.

5. That the Inter-American Commission publish the report of the on-site visit to Brazil in 2018 and the rapporteur on the rights of Afro-descendants and racial discrimination visit Brazil to better know the situation of the Afro-LGBTI population, with effective participation of civil society organizations.

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The struggles of being Transgender and Afro-descendant in Colombia

The Trans Support and Action Group Foundation (GAAT, for its initials in Spanish), in partnership with ICASO, carried out the event “Transcending Barriers: Rights and full citizenship for people with experience of trans life” from the 16th to the 19th of September 2019. This event was attended by trans activists from eleven different regions of Colombia that met in Bogotá to discuss how their human rights are being guaranteed, what are the barriers they struggle with to access services, and how to create some strategies to overcome these challenges.

The event was also attended by five Afro-descendant activists with diverse sexual orientations and gender identities -four trans women and a non-binary person- from the departments of Tolima, Valle del Cauca, Atlántico, Chocó and the municipality of Montes de María; who addressed their reflections from the experiences that frame their reality as Afro-trans people living in Colombia.

Among the comments highlighted by the activists was the latent discrimination they live with in their territories, generated by barriers to access to different rights such as health, education, and work.

“… the Constitutional Court ruled that trans people who wanted legal recognition of their gender identity in their EPS could do it, and this issue is still a complication in the territory…” Afro-trans Chocó activist.

“… In hospitals as elsewhere, there is not yet a focus on differential care for trans men and trans women. So, that makes (going to) the doctor a complete torture, […] the treatments that one can already follow, but then they give you a lot of obstacles and paperwork, and in such a way that finally you get tired and don’t go to receive your hormones, or go to the doctor at all… ” Afro trans non-binary activist from Valle del Cauca.

The activists also denounced teachers and classmates who use strong dynamics of discrimination in educational spaces; in addition, they stated that there are policies that deny the gender identity of diverse people, because authorities refuse to issue official documents with the identifying names of those people.

Regarding the guarantees of access to work, the leaders expressed that there are no labor inclusion policies for trans people, therefore, they are not even interviewed for the positions they aspire to have, or there are more requirements imposed on them – such as the completion of multiple courses – to delay their applications.

“… Work for transgender people in my municipality is very scarce. It is something sad, because there we talk about labor inclusion [but] a trans girl […] just for having her male name on her ID, is called by her masculine name, not by her identifying name […] When [whoever is in charge of the job interview] enters, [says] ‘what a shame, the interview cannot be done because you appear under another name’.” Afro trans activist from Montes de María.

“Our race is also a cause of violence and a factor that generates new dynamics of discrimination and marginality,” said one of the Afro-trans activists, referring to the differentiated violence that Afro-descendant women face in comparison to the rest of the population classified as “mestizo white.” Accordingly, the leaders referred to a social and state discourse that denies the existence of racism and systems of structural discrimination by pointing out that racism has diminished or does not exist. This creates an invisibility of their identities in official statistics.

“… In the prosecutor’s office or in any other entity, they do not take the time to ask one how one identifies oneself […] I realized this through a process that I took to the prosecutor’s office […] I had the right to say that I am an Afro-descendant trans person. I went to the official, I approached and told him. [He replied:] ‘But you have to understand that everyone is recognized as white or mestizo. There is no Afro.’” Afro trans activist from Montes de María

Structural racism is also illustrated by the stratification of the territories, where Afro people inhabit the poorest areas, and those who have a better standard of living do so through a lot of work or association with mestizo white people. Because of this situation, there is a lack of the guarantee of rights in places predominantly inhabited by Afro people. In turn, this barrier is accentuated when Afro people also have diverse sexual orientations or gender identities because their violence becomes more complex.

“We could say that you have to take sides, or defend yourself as an afro person, or defend yourself as a diverse person, but not both, impossible, that would be death”. Afro trans activist from the Caribbean.

Systematic forms of psychological violence and discrimination in the territories are other situations that, according to the stories told by the leaders, violate the integrity and rights of Afro-trans people. “Generally, the first thing that is affected is self-esteem, because to understand that they begin to look at you first, to judge you without even knowing you, sometimes simply because of your skin color, that is brutal. And the other thing is that […] you have your hair and you have your afro, and they come to want to touch your hair without asking, that is already violent because they are invading your space and they don’t even ask,” details non-binary Afro trans leader from Valle del Cauca.

Finally, within their own family, or even in spaces shared with LGBTI people, their ideas are not validated by their peers in the same way as the ideas of their white mestizo companions and counterparts.

“If you are black, it is a proposal, but if you are white, the proposal is validated.” GAAT Executive Director.

Given the various structural problems that undermine and deepen the circles of poverty, racism, discrimination, and marginalization of Afro people with diverse sexual identities and orientations, activists pointed out the importance of creating spaces in the territories that reinforce the ideas of family building, outside the “traditional-conventional” biological form that reduces the construction of the family bond to the consanguinity traits of family members. In addition, they proposed the creation of policies for access to health, work and education for trans people.

At the same time, they pointed out that the State institutions require pedagogies and trainings regarding the Afro-trans issues with a territorial focus. “These activities must be directed by people who are empathic with the issue in order to create much deeper discussions and lessons,” stressed the activists. They also said that it is important that there is greater empowerment of new Afro-trans leaderships, and pointed out relevant ways that social organizations should strive to create greater spaces of inclusion for Afro people who understand first-hand the specific complexity of their daily lives in the territories.

The Institute on Race, Equality and Human Rights (Race and Equality) was invited by GAAT to hold a short workshop during the afternoon of September 16th. This invitation was motivated by the need found by the executive direction of the organization to incorporate the relationship and intersection of gender identity with ethnic-racial belonging into the agendas, activisms, and work with communities. The workshop was composed of a brief reference to the existence and activities carried out by the Afro-LGBTI Network of Latin America and the Caribbean, as well as a series of findings from documentary reviews made by the member organizations of the Network. Thus, we deepened the need for the incorporation of intersectional approaches in trans activism, referring to situations in which structural racism, together with the dynamics of prejudice against LGBTI people, increase the vulnerability of people who find themselves mostly in contexts of poverty and without protection from the State.

At Race and Equality, we celebrate the completion of these types of conferences in which our counterparts can establish working relationships, as well as expand their relationships, with activisms that work tirelessly for the defense of transgender rights.  . We also highlight the growing interest and commitment in the visibility and social and political impact of the rights situation for Afro-LGBTI people. We believe that this type of interaction is essential for new human rights activists and organizations present in the different regions of Colombia to start creating intersectional analysis efforts from their own agendas.

August 2019: alerts of violence against LGBTI persons in Colombia

Threats against Bogotá social leader

During the first week of August, threats against the security of LGBTI social leader Leonardo Fabio made nationwide news.

Fabio, who is 25 years old and works with community action groups defending the rights of LGBTI persons, received printed flyers signed by the AUC and Águilas Negras threatening to ‘disappear’ him for being a “marica leader” and a “defender of maricas” and “those who shouldn’t be defended.”

Fabio was later attacked and beaten, and although he requested assistance from the National Office of Protection, the Office’s approval process will last at least three months. Currently, local police are conducting visits to verify his safety. However, while under this protection, Fabio has found new pamphlets at his home threatening him for having gone to the authorities. The week of August 8th, he was attacked by the same perpetrators as before. This time, he was loaded into a car, robbed of all his possessions and left in a field in Suba.

This situation reveals the concerning level of vulnerability that all people recognized as LGBTI leaders experience across Colombia. Fabio’s plight is all the more concerning given that he lives in the city where the government has the greatest ability to protect the safety of social leaders. The facts of his case make clear that not even in Bogotá can the authorities guarantee the safety of these leaders, who constantly suffer threats and attacks in retaliation for their human rights work.

The Caribbean Region: violence and resistance

The vulnerability of LGBTI Colombians and the lack of protections for this population are on full display in the Caribbean region, where two LGBTI persons were killed during August.

The first victim was reported during the afternoon of August 1st. Ariel López Romero, a 43-year-old gay man, was found with his throat cut at his house in Soledad, Atlántico department. López was a language teacher and gave training workshops for the LGBT community at the Casa de Paz de Soledad through the organization Caribe Afirmativo.

According to Caribe Afirmativo, López had not previously received any threats. The group noted an increase in homicides against gay men in their homes, along with a general increase of violence against LGBTI persons in the Caribbean.

López’s homicide is the eighth recorded killing of an LGBTI person since 2018, according to the organization’s count. The organization’s presence in the region allows it to maintain a registry of these crimes, which would otherwise go unreported due to a lack of social organizations and of state action.

Daniela Martínez, a 53-year-old trans woman, was killed on August 21st in the town of Cicuco, in the south of Bolivar department. Her homicide, in which three persons accosted her on the street and beat her with shoes, stones and other blunt objects, generated outrage in the community. The attack left her seriously injured; she ultimately died of wounds to her head.

According to Caribe Afirmativo, who made the initial report of her death, Martínez had also been attacked in public in May, when she was tied up and burned by her assailants. The organization contacted Colombian authorities to inform them of the facts of the case and ensure that the attack is investigated as part of a pattern of cruel and systematic violence.

Rights in Danger? Proposed law would affect same-sex marriage

Senator María del Rosario Guerra of the Centro Democrático party proposed a law that would extend the right of conscientious objection for religious, philosophical, ethical or moral objections to those acting in the name of legal persons or public institutions. This proposal, which will be debated in the coming months, represents a particular danger in cases wherein a notary could refuse to confirm same-sex marriages.

The proposal will generate a fierce debate in Congress, considering that the law would cover conscientious objection not only in this area, but also in disputed cases of abortion and euthanasia.

Statement: FOR LIFE AND FOR PEACE, NOT A STEP BACK WITH THE PEACE PROCESS!

Bogotá, Colombia. August 29th, 2019. The International Institute on Race, Equality and Human Rights (Race and Equality) expresses extreme concern about the video released this Thursday morning, in which three former leaders of the Revolutionary Armed Forces of Colombia (FARC, for its initials in Spanish) announced a new stage of armed conflict for what they have called “the awakening of consciences” in Colombia. During the speech recorded on video, Iván Márquez, former leader of the FARC, argues that given the “betrayal” and lack of political will of the Colombian Government for the effective implementation of the peace agreements, a “New Marquetalia” or new armed group will begin to operate in coordination with the National Liberation Army (ELN, for its initials in Spanish), a guerrilla that still operates outside the law in Colombia.

Race and Equality urges the actors involved in this process to respect and ensure compliance with the Peace Agreement for the construction of a stable and lasting peace throughout Colombian territory.

We remind all parties that the war has not only left significant impacts on the lives of all Colombian citizens, but has also harmed the social sectors that have historically been victims of discrimination and marginalization: indigenous peoples, Black communities and peasants have been the main victims of a war that requires the political will of the Colombian State and armed actors to guarantee life, peace, justice and guarantees of non-repetition.

“It was we, we, our children, our youth, our husbands, our communities who have died, that cannot be forgotten in Colombia and that is what both the government and the FARC must take into account today, so this process can continue and be fulfilled. We, the most affected by the conflict, have supported this (peace) process and will continue to support it because we are convinced that there is no other way to resolve this conflict that has generated so much pain to our country. We just want to live well and peacefully. ”Erlendy Cuero Bravo, Afro-Colombian leader victim of the armed conflict.

As an organization committed to the defense and promotion of human rights, we urgently call on the Colombian Government, on all its institutions, on dissident groups of the former FARC-EP guerrilla group and on the armed groups of the ELN to be aware of the great responsibility that they acquired in constructing a peaceful society and to reaffirm their commitments to advancing a peaceful dialogue in order to conclude a war that has extended for more than 50 years. The armed conflict in Colombia has left an abhorrent number of victims who deserve the utmost commitment of leaders, social organizations and society in general to constructing an alternative path for processing differences and to building a society with social justice.

Likewise, we urge the international community to pronounce clearly regarding the situation of uncertainty generated by the message of the former guerrilla leaders to the Colombian people. We request that the international community continue monitoring and accompanying the Colombian state in the peacebuilding process, especially as mediators and observers of the people who are still victims of violence in the territories.

Race and Equality will continue to monitor compliance with the Peace Agreement, especially regarding the Ethnic Chapter, as part of its commitment to the defense and promotion of the human rights of historically discriminated ethnic peoples and victims of exclusion and marginalization.

Renewed threats against Afro-Colombian leaders put their lives at risk

Bogota, 15 July 2019.  Afrocolombian leaders were declared “military targets” by the clandestine group Aguilas Negras (Black Eagles) in a text message received July 13, 2019.

The text included an ultimatum for the members of the Consejo Comunitario de las Comunidades Negras (Communal Councils of Black Communities) in La Toma to leave their territory within 72 hours because of their “disobedience” and their “opposition to development.”[/vc_column_text][/vc_column][/vc_row]

“Your debt is still not paid…each one of you son-of-bitches Blacks is a military target, just like all those toads that you care for, so you will die. AGUILAS NEGRAS ARE HERE,” the message reads.

This message is the latest incident in a pattern of persecution and harassment. Afro-Colombian human rights defenders, including the “Environmental Nobel” (Goldman Prize) honoree Francia Márquez, were attacked in May by armed men wielding guns and a grenade in Norte de Cauca.  (Read the statement regarding the attack on Afro-Colombian social leaders in Norte de Cauca).

We are extremely concerned by the systematic pattern of threats, harassment and repression that targets the life, integrity and peace of mind of Colombian social leaders. We are especially alarmed by the acts of violence and persecution against Afro-Colombian social leaders who struggle against development frameworks that wipe out communities, expropriate land and challenge the sovereignty of Afro-Colombians over their ancestral territory.

We urge the Colombian government, led by President Iván Duque, to speak out immediately against these acts that threaten the rights and lives of Afro-Colombian peoples. We also implore the government to prioritize addressing the genocidal circumstances that are confronting the country during the peace process. The number of social leaders assassinated since the signing of the Accords has climbed over 300 (with indigenous and Afro-descendent leaders being the most affected) without effective protection from the procedures meant to guarantee the rights to life, territory, justice and peace.

We also urge the international community to continue monitoring the current national emergency in Colombia, particularly the violence in ethnic territories that have historically suffered poverty, marginalization and violations of fundamental rights enshrined in the Universal Declaration of Human Rights.

To denounce the threats and the danger facing Afro-Colombian communities and all ethnic groups in Colombia, social leaders held a press conference on July 15th at 2:00pm, when the “deadline” given by the Aguilas Negras expired.

As Francia Márquez told Colombian newspaper El Espectador, “at the press conference, we will lay out our situation for the authorities. We want them to investigate why we are being threatened, labeled as targets, and made to leave our territory, among other things. No one should have to die for demanding their rights.”

Race and Equality adds our voice to the outcry against these acts, which require the Colombian government’s and international community’s immediate attention. Stable and sustainable peace cannot take root without guaranteeing justice, truth and peace for all peoples.

UN renews crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole.”

(Geneva, July 12, 2019) – In a defining vote, the United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.

The resolution was adopted by a vote of 27  in favor, with 12 voting against and 7 abstentions.

The campaign calling on the Council to renew the mandate of the UN Independent Expert on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories.

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole”, said Paula Sebastiao of Arquivo de Identidade Angolano in Angola and Simran Shaikh, Asia coordinator of the Trans Respect v. Transphobia project, on behalf of 60 human rights groups worldwide. “Following the call from a record number of organizations from every region imaginable, the UN Human Rights Council has reaffirmed its commitment to combat discrimination and violence on grounds of SOGI, and has reminded all states of their obligations towards these communities.”

Created in 2016, the UN Independent Expert on SOGI has been supported by an ever-growing number of States from all regions of the world. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay.

“The renewal of this mandate demonstrates how United Nations States’ support for tackling violence and discrimination against people of diverse sexual orientations and gender identities has grown tremendously,” said UN Trans Advocacy Week campaigners. “The Independent Expert is crucial in bringing international attention to specific violations and challenges faced by trans and gender-diverse persons in all regions.”

Although the renewal process had to overcome 10 hostile amendments, the core of the resolution in affirming the universal nature of international human rights law stands firm.

“The existence of a specific UN human rights mechanism looking at SOGI issues is crucial for our communities to be heard at the global level,” added Ryan Silverio of ASEAN SOGIE Caucus from the Philippines. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalizing our identities and actions are unjust, and should no longer be tolerated”.

The UN Independent Expert on SOGI is tasked with assessing implementation of existing international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Through the work of this mandate since 2016, the impact of criminalization of same-sex relations and lack of legal gender recognition, the importance of data-collection specific to SOGI communities, and examples of good practices to prevent discrimination have been highlighted globally, with visits to Argentina, Georgia, Mozambique and Ukraine.

The International Institute on Race, Equality, and Human Rights celebrates the renewal of this mandate as essential in the protection of human rights for Afro individuals with diverse SOGI. In consequence, it is rewarding to count with an Independent Expert who is bound to face the multiple and intersectional forms of violence and discrimination by SOGI, such as those motivated by racial prejudices.

We hope that all governments cooperate fully with the UN Independent Expert on SOGI in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity.

“We are very thankful to the seven States in the Core Group who tabled the resolution to renew the mandate” said Andrea Ayala from El Salvador. “Their support comes at a crucial moment in our region, where any sign of progress on inclusion and equality is being countered with violence, persecution and hate speech, a dangerous rhetoric about ‘gender ideology’ and sometimes blatant opposition to the rights of our communities”.

ONU RENOVA MANDATO CRUCIAL DE PROTEÇÃO CONTRA VIOLÊNCIA E DISCRIMINAÇÃO BASEADA NA ORIENTAÇÃO SEXUAL E IDENTIDADE DE GÊNERO

leia a versão em português

Organisations signing the statement:

42 Degrees
ABGLT – ASSOCIAÇÃO BRASILEIRA DE LESBICAS, GAYS, BISSEXUAIS, TRAVESTIS, TRANSEXUAIS E INTERSEXOS
Accountability International
Amnesty International
ARC International
ASEAN SOGIE Caucus
Asia Pacific Transgender Network (APTN)
Asistencia Legal por los Derechos Humanos A.C. (ASILEGAL)
Asociación OTD Chile
Caribe Afirmativo
çavaria
CHOICE for Youth and Sexuality
COC Nederland
Colectivo Alejandria
Comunidad Homosexual Argentina (CHA)
Conurbanes por la Diversidad- Argentina
Egale Canada
Equality Australia
ERA – LGBTI Equal Rights Association for Western Balkans and Turkey
Fundación Afrodescendiente por las Diversiades Sociales y Sexuales – SOMOS IDENTIDAD
Fundacion Arcoiris por el respeto a la diversidad sexual
Fundación Reflejos de Venezuela
GATE
Gender DynamiX
GIN-SSOGIE
Haus of Khameleon
Helsinki Committee for Human Rights of the Republic of Macedonia
Human Rights Awareness and Promotion Forum
Human Rights Law Centre
ILGA Asia
ILGA World
ILGALAC – Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersex para América Latina y El Caribe
International Family Equality Day
International Bar Association’s Human Rights Institute (IBAHRI)
International Service for Human Rights
Iranti
Korean Lawyers for Public Interest and Human Rights (KLPH)
Las Reinas Chulas Cabaret y Derechos Humanos AC
LGBTI Support Center
LSVD Lesbian and Gay Federation in Germany
Namibia Diverse Women’s Association (NDWA)
ODRI Intersectional rights
OutRight Action International
Pacific Human Rights Initiative
People’s Matrix
People’s Solidarity for Participatory Democracy
Planet Ally
Red Latinoamericana GayLatino
REDTRANS Nicaragua
RFSL, the Swedish Federation for LGBTQ Rights
RFSU
RWS – India’s Diverse Chamber
Stichting NNID
Synergía – Initiatives for Human Rights
The International Institute on Race, Equality and Human Rights
the Transgender Liberation Front(abbr. TLF)
Trans Pasefika
TransAction (Aotearoa / New Zealand)
Valientes de Corazón Ecuador
Young Queer Alliance

Afro-LGBTI Network for Latin America and the Caribbean held a private meeting with the IACHR Rapporteurship on the rights of LGBTI persons during the 49th OAS General Assembly

Colombia, July 2 2019.  During the week in which the 49th OAS General Assembly was held in Medellin, Colombia, members of the Afro-LGBTI Network for Latin America and the Caribbean from Brazil, Colombia, Peru and the Dominican Republic met together on June 27th. This meeting included a series of workshops about political advocacy in countries and reinforcing knowledge about the Human Rights Protection System in the Americas. Manuel Canahui and Ernesto Zelayandia, who are currently fellows at the Rapporteurship on the Rights of LGBTI Persons at the Inter-American Commission on Human Rights (IACHR), were present for a training on the Inter-American System of Human Rights, as well as its significance for Afro-LGBTI activism in each of the member countries of the Network. During the meeting, the fellows instructed the activists, who are also members of the Institute’s counterpart organizations, about the importance of the Inter-American System, including its organs, namely, the IACHR and the Interamerican Court of Human Rights.

The fellows talked about the work of the IACHR LGBTI Rapporteurship, including the year of its creation and its most important investigations: the 2015 Report on Violence Against LGBTI Persons and the latest Report on the Recognition of the Rights of LGBTI Persons in the Americas. The latter report was launched and discussed in Colombia during the same evening, with the participation of three Afro-LGBTI activists as panelists. After this initial presentation, the activists analyzed the different resources the IACHR has for the promotion and protection of human rights and how they can use them strategically. Public hearings, country visits, working meetings, and precautionary measures, among others, were mentioned.

With all this information given to our counterparts, they also had the opportunity to learn about how they can coordinate the work of different Rapporteurships addressing intersectional issues. This has already happened between the Rapporteurships on Women and Children. Therefore, the possibility of joining the Rapporteurship on Afro-Descendants and the LGBTI Rapporteurship in order to work on issues relevant for the activists was mentioned. Finally, the importance of the Inter-American Court of Human Rights as a source of relevant jurisprudence about the protection of rights of LGBTI individuals was discussed. In this way, the Inter-American legal standards about equality and non-discrimination based on sexual orientation or gender identity were briefly explained to our counterparts, so that they include those standards if they are doing strategic litigation on those topics.

Race & Equality celebrates these types of gatherings in which our counterparts can establish close relations between members of international bodies such as the IACHR. In order to make state-level advances in the guarantee of equal access of Human Rights, it is essential to have these spaces of feedback and training. This makes activists better-informed about available resources that they can access internationally for legal advocacy on Afro-LGBTI issues. Also, it helps international bodies and their officials learn about what other needs are being raised thanks to the work of local human rights organizations throughout Latin America and the Caribbean, making this joint work essential for an improvement on generating intersectional analysis and proposals.

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