Nancy Alfaya has been targeted by the Cuban government for her work defending women’s rights

Nancy Alfaya has been targeted by the Cuban government for her work defending women’s rights

The International Institute on Race, Equality and Human Rights (Race and Equality) denounces a series of human rights violations suffered by the Afro-Cuban activist and human rights defender Nancy Alfaya. Nancy is part of the Citizens’ Committee for Racial Integration and coordinator of its partner organization Women’s Equality Network; a leader of the Writers and Artists’ Club of Cuba and the cultural group Puente a la Vista (Bridge to Perspective) and a co-founder of the internationally-recognized Damas de Blanco.

As a result of her activism fighting violence against women, Nancy has been targeted by the Cuban government. She and her husband recently returned to the country after spending 21 months living and studying in the U.S. Since her return, she has faced severe harassment and threats from the Cuban government and security forces. These abuses come in retaliation for her role in civil society organizations that seek respect for women’s rights on the island.

In recent weeks, Nancy has suffered constant harassment, threats and detentions at the hands of Cuba’s political police. On October 22, police officers waited outside the U.S. embassy to arrest Nancy and her husband as soon as they departed from an event. Nancy’s husband was released nearby, but Nancy was held arbitrarily for over 24 hours without being allowed to communicate with him.

“Upon arriving at the police station, they put me in a waiting room; when I told the police officer Alejandro, who had brought me to the station, that I needed to use the restroom, he accosted me harshly and yelled at me to sit back down. Two hours later, they brought me to the police station in La Regla, where they sat me in a hallway outside the cells. I was detained in a holding cell with only male prisoners for 25 hours. When they released me, they returned my confiscated cell phone, which was now broken,” testified Nancy.

Since her release, Nancy has not been able to leave her house without being closely tailed. “Jorge (Nancy’s husband) can go out without being surveilled or detained, but any time I try to leave the house, security agents appear and follow me,” says Nancy, who now is afraid to leave her home.

Nancy has been detained without any legal justification multiple times in the same week. At 1:30pm on November 21, she was detained outside her house by the same officer Alejandro. She was held for four hours and fined 150 pesos. At 9:30am the very next day, she was detained in the street as she made her way to a meeting at the U.S. embassy.

Nancy is currently on the Cuban government’s list of “regulated” individuals. Cuban authorities frequently use “regulation,” a policy allowing the government to restrict certain people’s free movement and travel, to prevent activists from leaving the county to participate in international fora where they could denounce human rights violations.

“I realized that I had been ‘regulated’ on November 7, 2018, when I tried to leave the country to participate in a women’s rights summit held by an organization in Peru. At the airport, they did not give me any explanation, but told me to go to the Immigration Office’s service department. There, they told me that I was under investigation and therefore could not leave the country,” Nancy told Race and Equality.

Nancy has also been threatened with prosecution for “social dangerousness” on several occasions:

“On August 13, I went to the National Office of Immigration (part of the Ministry of the Interior) to request that they clear up my legal situation, since I had been under this investigation for nine months. The officials there offered to negotiate about my situation, proposing that they would lift my ‘regulation’ if I cooperated with the government, which I refused. This had repercussions the next day, August 14, when State Security and National Revolutionary Police officers surrounded a poetry event that we were holding at the Citizens’ Committee for Racial Integration office. Alejandro detained me when I tried to enter the office and threated to charge me with ‘social dangerousness’ for not having a job or a small business “cuentapropista” license.”

We are highly concerned for Nancy Alfaya’s safety in light of the constant rights violations and threats that she is experiencing, and we demand that the Cuban government act to guarantee her fundamental rights. Efforts to defend and promote human rights, which are protected by the Universal Declaration of Human Rights and the other treaties to which Cuba is a party, must never be criminalized. As the Inter-American Human Rights Commission has stated, “the defense of human rights can only be freely exercised when defenders are not subjected to threats or any type of physical, psychological, or moral aggression or other forms of harassment.”[1] Human rights defenders play a fundamental role in society, as the IACHR recognized in the case of Honduran activist Berta Cáceres: “rights defenders bring forth denunciations of violations, victims’ claims and community demands that contribute to the flourishing of the rule of law and democracy.”[2]

Race and Equality is committed to continuing our work supporting the efforts of Cuban activists to protect and promote the human rights enshrined the Universal Declaration. In recent years, Cuba has sought to criminalize human rights defenders by prosecuting them under criminal laws, taking advantage of vague statues in the Penal Code or continuing to apply laws that are known to violate civil and political rights.[3] The Cuban Observatory on Human Rights recorded at least 2,525 arbitrary detentions in 2018, in which at least 1,700 were of women.[4] In 2019, we have observed an increase in arbitrary detention and harassment by state security agents against human rights defenders, activists, journalists, and other figures in independent civil society.[5]

Women who work to defend human rights have been the most impacted by this new wave of repression. In September 2019, 14 people were placed under ‘regulation,’ of which 8 were women.[6] In an interview with the independent outlet Diario de Cuba, the activist Sara Cuba Delgado stated that “we are the most vulnerable actors, as you can see when looking at the issue of detentions.”[7] Women activists are prevented from leaving the country, live under threats of violence and are smeared as “bad mothers” for defending human rights and refusing to fit into the traditional roles for women in society.

[1] IACHR, Towards Effective Integral Protection Policies for Human Rights Defenders (2017), OEA/Ser.L/V/II, paragraph 13. Available at OAS.org.

[2] IACHR, Resolution 8/216, Precautionary Measures # 112/16, Members of COPINH and relatives of Berta Cáceres. 5 March 2016 (translated from original Spanish). IACHR, Resolution 46/2015, Precautionary Measures # 589/15, Members of the Better Life Association, 22 January 2014, paragraph 12. IACHR, Criminalization of Human Rights Defenders (2015), OEA/Ser.L/V/II, Doc. 49/15, paragraph 227. Available at OAS.org.

[3] IACHR, Criminalization of Human Rights Defenders (2015), paragraph 3. IACHR, Towards Effective Integral Protection Policies for Human Rights Defenders (2017), paragraph 89.

[4] Observatorio Cubano de Derechos Humanos. 2018: Detenciones arbitraries. Available at ObservaCuba.org [Spanish].

[5] Observatorio Cubano de Derechos Humanos, Gobierno de Díaz-Canel casi duplica las detenciones arbitrarias en septiembre (2019). Available at: ObservaCuba.org [Spanish]. Observatorio Cubano de Derechos Humanos, Aumentaron detenciones arbitrarias y actos represivos en Cuba en julio, denuncia el Observatorio Cubano de Derechos Humanos (2019). Available at: ObservaCuba.org [Spanish].

[6] Cubanet, “Esperaba que me recibieran así,” (2019). Available at: CubaNet.org [Spanish].

[7] Diario de Cuba, Doble violencia y cero amparo gubernamental: activistas cubanas por los derechos de la mujer (2019). Available at: DiarioDeCuba.com [Spanish].

Cuban journalists and human rights defenders report an increase in acts of violence, repression and harassment against their political activism

As part of the celebrations of International Day for the Elimination of Violence against Women (25N), the International Institute on Race, Equality and Human Rights (Race & Equality) emphasizes the increase in indiscriminate acts of harassment and arbitrary detentions against female activists and rights defenders in Cuba.

Although the Cuban state is obligated to protect the fundamental rights of women, guarantee their personal integrity and eliminate all forms violence or discrimination against them, women on the island, especially those involved in political activism, report constant rights violations. Cuban activists continue to feel threaten, harassed and criminalized for defending their rights and the rights of all Cuban women.

In recent weeks, a concerning number of repressive acts utilizing the well-known strategies of arbitrary detentions, short-term police ‘kidnappings,’ home raids and invasive surveillance have been recorded, particularly targeting female rights defenders.

Cuban activist Nancy Alfaya

Nancy Alfaya, an Afro-Cuban activist and rights defender who holds leadership positions in the Women’s Network for Equality, Citizens’ Committee for Racial Integration, Cuban Club of Writers & Artists and the cultural group Puente a la Vista (Bridge to Perspective), was detained two times within 24 hours in the last week. During her detention, she was threated by a State Security agent, who told her that she may be charged under ‘dangerousness’ laws. He also threatened to prevent her from taking part in any activity marking 25N and threatened to revoke the furlough granted to her husband, who was arrested as part of the 2003 “Black Spring” in which 75 civil society activists were detained. In the prior weeks, Nancy was monitored by surveillance operations that prevented her from leaving her house.

Marthadela Tamayo, cuban activist

Meanwhile, Marthadela Tamayo, also part of the Citizens’ Committee for Racial Integration and the Cuban Club of Writers & Artists, was detained on November 21st and held in an unknown location for several hours. Her interrogators told her that she would not be allowed to participate in any activities related to gender-based violence.[1] She was also threatened with a ‘dangerousness’ charge. Like Nancy, she had recently been followed by State Security agents who prevented her from leaving her house.[2]

Other cases include:

  • Journalist Luz Escobar was put under house arrest three times in less than ten days.
  • Journalist and activist Iliana Hernandez reported that officials fined her and revoked her business license last Thursday.
  • Micaela Roll, a member of the Damas de Blanco, was arrested on Friday upon leaving the Damas’ office and held in an unknown location for 48 hours.[3]

Although these arrests took place before 25N, they reveal a strategy by the government to avoid protests or other civil society actions against gender-based violence that might interfere with the commemoration of the anniversary of Fidel Castro’s death. Meanwhile, arbitrary detentions, violence, harassment and repression against women, especially female activists, continue to grow.

These repressive tactics have escalated in the lead-up to other official celebrations in Cuba, including May 1st, the 500th anniversary of the city of Havana and the visit by the King and Queen of Spain.[4] These tactics seek to prevent women leaders from moving about freely, limiting their ability to carry out effective activism.

As we mark International Day for the Elimination of Violence against Women (25N), we remind the Cuban state of its obligation to guarantee and safeguard the lives, integrity and free development of all women, free of any form of violence or discrimination. Likewise, we remind the government of its international obligations to recognize, respect and guarantee the rights of women, having signed and ratified the Convention for the Elimination of all forms of Discrimination Against Women (CEDAW).

Race & Equality calls upon the Cuban state to ensure free and safe passage for women activists and to protect their human rights. We emphasize that freedom of expression, opinion and of the press are all protected under international agreements to which Cuba is a party. We also demand that the Cuban state, in line with its obligations under CEDAW, assure that women enjoy development and social progress so that they may exercise and enjoy all their rights and freedoms in conditions of full equality.

[1] Ciber Cuba, State Security warns activists: “No activities this Monday” (2019). Available at (Spanish): https://www.cibercuba.com/noticias/2019-11-24-u199482-e199482-s27061-cero-actividad-este-lunes-advierte-seguridad-estado

[2] AND Cuba, Activists denounce harassment by the political police (2019). Available at (Spanish): https://adncuba.com/noticias-de-cuba/activistas-denuncian-hostigamiento-de-la-policia-politica

[3] Yolando Huerga, Restrictions and violence against women grow in Cuba, Radio Televisión Martí (2019). Available at (Spanish): https://www.radiotelevisionmarti.com/a/las-restricciones-y-el-acoso-contra-las-mujeres-crecen-en-cuba/252864.html

[4] CiberCuba, Police detentions during the celebrations of May 1st in Moa, Holguín (2019). Available at (Spanish): https://www.cibercuba.com/videos/sociedad/2019-05-06-u1-e199352-s27061-tonfa-limpia-termino-detencion-policial-durante

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.

Ler artigo em português

Race and Equality demands the Cuban State to immediate release activist Nancy Alfaya

Washington D.C. October 23, 2019. The International Institute on Race, Equality and Human Rights (Race and Equality) warns about serious violations of the human rights of the Cuban activist Nancy Alfaya, who was arbitrarily detained yesterday afternoon and whose whereabouts are still unknown.

Nancy Alfaya and Jorge Olivera, both Afro-Cuban artists and activists, were arrested at around 3:30 p.m. by State Security agents as they were leaving the U.S. Embassy after attending an activity. According to the testimony of activist Marthadela Tamayo from the Citizens’ Committee for Racial Integration (CIR, for its initials in Spanish), Alfaya contacted her before being arrested and informed her that she would be taken to the San Miguel de Padrón Police Unit, which she heard from the officers. Activist Iván Hernández Carrillo managed to capture images of the arrest.

“To date, Nancy Alfaya’s whereabouts are unknown” reported multiple messages by Cuban activists and Cuban civil society organizations on social media.

Although Jorge Olivera was abandoned in the street of another municipality, Nancy Alfaya is still missing.

“When Jorge Olivera went to the San Miguel del Padrón Unit – where they had allegedly taken Ms. Alfaya – to ask about her whereabouts, the officers told him that she was never taken to that unit. Likewise, when he called the Central Unit that has the registry of detainees, he was told that Nancy does not appear under any unit,” adds Juan Antonio Madrazo Luna, director of the CIR.

Jorge Olivera, Alfaya’s husband, also visited the police units of Zanja and Dragones, but was not able to get any information about Alfaya. Afterwards, Mr. Olivera filed an appeal for habeas corpus, but didn’t receive any response.

Nancy Alfaya is an activist of the CIR and independent artist. This is the third time in October that she has been arbitrarily detained by State Security agents, who have also broken into cultural events organized by the activist. Despite the multiple arrests, this is the first time that the authorities have detained Alfaya for more than 24 hours.

To date, Nancy Alfaya’s family members are unaware of the activist’s whereabouts and the reason for her detention.

We denounce these serious violations of Cuba’s laws and the authorities’ lack of respect for due process and for their duty to guarantee Alfaya’s rights as well as serious transgressions of the international human rights obligations of the Cuban State.

According to article 244 of the Criminal Procedure Law, once a person is arrested, police officers must immediately deliver a record to the person stating the time, date and reason for the detention. Additionally, when an express request is made by the detainee or their relatives, the police or other authority must report on “the detention and the place where the detainee is found”. Furthermore, the new Cuban Constitution grants the right to the detained person to “communicate with their relatives or close friends, immediately”.

In relation to international treaties, the International Covenant on Civil and Political Rights, to which the Cuban State is a signatory, establishes that “[every] detained person must be informed, at the time of their arrest, of the reasons for the same, and notified, without delay, of the accusation made against them”. The Cuban State has not fulfilled any of these obligations.

Race and Equality strongly condemns the actions that transgress the rights and freedoms of activist Nancy Alfaya, demonstrating once again that the Cuban State has not changed its modus operandi concerning the arbitrary detention of activists, even after the approval of the new Constitution.

We urge the international community to pronounce on these facts that assail the human rights of Cuban activists, who continue to be systematically subjected to violations, repression, and arbitrary treatment from the Cuban regime.

Race and Equality demands effective medical care for the Cuban activist Xiomara Cruz Miranda

Photo: Radio Martí

The International Institute on Race, Equality and Human Rights (Race & Equality) expresses grave concern regarding the health of Cuban activist Xiomara Cruz Miranda, whose condition has worsened in recent days while she awaits a firm diagnosis. Her situation is all the more concerning given that she should be benefiting from the precautionary measures granted to her by the Inter-American Commission on Human Rights.

According to reporting from the independent media outlet Diario de Cuba and the testimony of her family members, Xiomara Cruz’s status remains delicate and uncertain. “She continues to be very debilitated, with constant fevers and severe muscle pains. Her doctors are giving her daily medications and running tests, but they still give vague answers to our questions and do not give us any written documents,” according to one of her family members.

At first, doctors believed that Xiomara suffered from tuberculosis; she has received tuberculosis treatments throughout her time in the hospital. However, tuberculosis tests conducted in early August showed negative results. According to a statement in Diario de Cuba by Xiomara’s daughter Clara Iznaga, the doctors could not explain this result and “they do not understand why she continues to have these pains…The doctors change their opinions and never give a clear answer. One day it is tuberculosis, the next day it is lung cancer. Although they have run several tests, they have never shown the results to the family, which is why we really do not trust the doctors.”

Although some press sources have reported that Xiomara will be sent home now that she is no longer believed to be contagious with tuberculosis, Cuban activists report that she will actually be transferred to another hospital to be tested for cancer. Doctors raised the possibility of lung cancer early in Xiomara’s ordeal and subsequently ruled it out, but her family members are now re-considering the possibility as they still cannot find any explanations for her continued illness.

“What they’re doing is putting us through a labyrinth,” said one family member regarding officials’ non-committal and negligent treatment of Xiomara and her family, noting that doctors have not yet addressed a third possible diagnosis of non-tuberculosis bacterial lung infection.

As Diario de Cuba reports, Cruz Miranda was sentenced to one year and four months in prison for her supposed crime of “threats.” She began her sentence in the El Guatao women’s prison and was later sent to Ciego de Ávila, where she was hospitalized with skin lesions and other symptoms that have only worsened over time.

In July of this year she was transferred to Havana for treatment in La Covadonga hospital (where she remained under custody). At the end of July, she was rushed to intensive care with low hemoglobin, fatty liver, fluid in her lungs, shortness of breath and a high red blood cell count along with the same skin condition.

Race & Equality insists that the Cuban state guarantee Xiomara’s right to health by prioritizing and delivering the medical attention that she needs. Although Xiomara was perfectly healthy upon being taken into custody, her life is now in danger. She is suffering from daily fevers, has lost weight and is very weak. Medical negligence and blatant violations of Xiomara’s rights to life, health and dignified treatment are obvious given these facts. We urge the international community to speak out regarding the serious danger to the activist and rights defender’s life.

Race and Equality denounces the detention of Patriotic Union of Cuba (UNPACU) leader José Daniel Ferrer and rejects false accusations levied against him

The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the arbitrary detention of José Daniel Ferrer, activist and leader of the Patriotic Union of Cuba (UNPACU). José Daniel Ferrer was arrested this past Tuesday, October 1 in a military operation carried out at UNPACU’s headquarters in Santiago de Cuba. We categorically reject this repression as well as the violation of Mr. Ferrer’s fundamental rights and liberties.

Ferrer is being detained at the Versalles Operation Center of Santiago de Cuba’s Department of State Security and is being held on charges of challenging the Cuban regime by allegedly supporting anti-Cuban U.S. policy measures. He is also accused of injuring activist Sergio García González, who suffered an accident while riding a motorcycle. Garcia González is being pressured by State Security to testify that Ferrer and other activists attacked him and caused his injuries.

“I am the oldest daughter of José Daniel Ferrer. They want to jail my father by fabricating a crime of lesiones (“injury”) so that he becomes a common prisoner and not a political prisoner” José Daniel’s daughter, via his official twitter account

In a video published on Facebook, the UNPACU activist Carlos Amel Oliva interviews Garcia Gonzalez’ wife, who confirms that her husband’s injuries were not caused by Ferrer. Although García Gonzales has refused to be contacted by both government authorities and by representatives of UNPACU, he remains in danger of being coerced into testifying against Ferrer.

https://www.facebook.com/100010293360012/videos/959492631070507/?t=36

This is not the first time that the Cuban State has tried to frame José Daniel Ferrer. Last year, the activist was a victim of a smear campaign that accused him of attempting to assassinate a policeman named Dainier Suárez Pagán, who jumped in front of Ferrer’s moving vehicle. However, witnesses present confirmed that Ferrer was innocent of the charges levied against him.

Race and Equality, in its recent report on the justice system in Cuba, finds that such methods are often used by the Cuban State to single out, accuse and criminalize those who oppose the current regime and political system. The State obtains sentences using a Penal Code that vaguely defines the charges most frequently faced by activists, human rights defenders and independent journalists.

We call on the Cuban State to respect and guarantee the rights of José Daniel Ferrer, reiterating that political liberty as well as freedom of expression and association are fundamental rights of any individual regardless of nationality or political association. Race and Equality demands the immediate release of Ferrer and the rest of the UNPACU activists who remain in arbitrary detention.  We ask that the international community stand firmly against this repression of human rights defenders and reaffirm our commitment to the human rights of the Cuban people.

*Photograph taken from: www.cibercuba.com

“Despite the constitutional reform, human rights continue to be violated systematically in Cuba”: Cuban activists testify before the Inter-American Commission on Human Rights

During the 173rd Period of Sessions of the Inter-American Commission on Human Rights (IACHR), held in Washington, DC from September 23 through October 2, human rights defenders, activists and independent journalists from Cuba brought the concerning situation for human rights in their country to the Commissioners’ attention.

Alongside journalists from the outlets Diario de Cuba, Cubanet and Tremenda Nota and activists from Cubalex and the Cofradía de Negritud, Race and Equality’s Legal Program Officer Caitlin Kelly reported that despite a constitutional reform supposedly meant to ensure Cubans’ rights and the ascension of a new President from outside the Castro family, concerning levels of persecution, harassment and repression persist. A lack of political will to guarantee rights for those who dissent from the Cuban government’s dictatorial policies prevents these abuses from being addressed.

“We are concerned with the Cuban regime’s use of the Penal Code to criminalize dissenting voices. Crimes such as ‘contempt,’ ‘affront,’ ‘resistance’ and ‘disobedience,’ along with the legal label of ‘dangerousness,’ are the most frequently-used tools of criminalization,” stated Kelly.

 This thematic hearing also raised the fact that between 2016 and 2018, approximately 171 arbitrary detentions and over 700 cases of state-imposed domestic and international travel restrictions were recorded against journalists. According to Pablo Díaz, director of the independent media outlet Diario de Cuba, travel bans are one of the main forms of repression used by the Cuban state, which frequently forbids journalists from leaving the country in order to prevent them from carrying out their work:

“At this moment in Cuba, travel restrictions against independent activists, artists and journalists are the main tool of repression used by the regime, in violation of the migration policies established in 2013.”

Tremenda Nota journalist Carlos Alejandro Rodríguez stated that the government continues to block and censor those channels of communication that it cannot control. “Our outlet went from operating outside the law to being illegalized with the recent decree that outlaws media channels that do not agree with the regime’s policies,” he added.

Rodríguez also spoke out about the abuses, arbitrary detentions and confiscations that independent journalists suffer in Cuba, stating that Cuban journalists are subjected to coercion by government forces seeking to frighten them into abandoning their work, becoming informants or fleeing the country.

Cubalex director Laritza Diversent spoke out about the violence and repression that female journalists and rights defenders suffer, including constant threats and humiliating treatment at the hands of state forces. According to Diversant, “many arrested female journalists are strip-searched and subjected to cavity searches. They are also repressed through actions against their family members.” IACHR Commissioner Margarette May Macaulay, who is also Rapporteur on the Rights of Afro-Descendants and Rapporteur on the Rights of Women, requested additional information and documentation about these particular abuses.

Afro-Cuban rights activist Norberto Mesa Carbonell, director of the Cofradía de Negritud, described the various forms of repression and violence that he has suffered at the hands of Cuban authorities in retaliation for his activism:

“We have been victims of a violent regime that makes attacks against activists’ rights. The prohibition of peaceful meetings or assemblies and short-term arbitrary detentions are tactics the government uses to silence our voices.”

Speaking in regard to the discrimination and racism that is prevalent in Cuba but covered up by the government, Diversant added: “Legally, there are no initiatives or even efforts by the government to recognize that racial discrimination exists in Cuba. Racial discrimination is not found in the Penal Code as an offense, making it impossible for Cuban society to demand justice through such channels.”

 

Finally, IACHR Commissioner Antonia Urrejola, who is also Rapporteur for Cuba, lamented that grave human rights violations persist in Cuba despite the new constitution. She asked the assembled activists and journalists to continue submitting information as her office prepares the IACHR’s upcoming country report on Cuba.

Race and Equality continues our work defending, uplifting and promoting the rights of activists, independent journalists and human rights defenders in Cuba, conscious of the vulnerability in which they live and work on the island. We will continue to document cases of violence and report on the forms of repression used by the Cuban regime, calling upon the international community to remain attentive to the situation of human rights in the country.

Race and Equality: “The cuban State uses its penal code to criminalize voices that speak out against the regime”

In its most recent report, the human rights organization asserts that Cuban laws lack the necessary protections to ensure respect for due process and other human rights of persons accused of crimes. The guarantees that do exist are not respected by the authorities in cases of independent activists.

As a part of the event “Weaponizing Justice: Rule of Law and Cuba’s New Constitution” that took place Wednesday, September 11 at the Inter-American Dialogue, the International Institute on Race, Equality and Human Rights (Race and Equality) officially launched its most recent report, entitled “Premeditated Convictions: Analysis of the Situation of the Administration of Justice in Cuba.”

In the report, Race and Equality documents and analyzes the patterns of criminalization, repression, and harassment used by the Cuban state against independent activists, a group that encompasses any activist, human rights defender, political leader, journalist or press outlet that opposes Cuba’s dictatorial policies that deny its citizens their fundamental civil and political rights.

“Although many changes have taken place in Cuba in recent years, the repression of independent activists has not ceased,” the report states, insisting that despite the adoption of a new constitution and the first non-Castro president in nearly sixty years, persecution and violence against the opposition continue, aided by laws that criminalize civil society activities.

Our investigation allowed us to document and analyze the government’s actions in criminal proceedings, and how the government uses the Penal Code and other laws to criminalize the work of the opposition,” explained Caitlin Kelly, an attorney and Program Officer at Race and Equality. 

The report investigates cases of repression against activists by state authorities, to describe and explain the Cuban government’s behavior and to establish a pattern of systematic violation of Cubans’ rights to freedom of expression, association and due process in court. The case of Dr. Eduardo Cardet is highlighted in the report as an example of the violations that occur in every stage of the criminal process. These abuses aall violate Cuba’s international human rights commitments and obligations.

“My brother was detained late at night on November 30, 2016 by several persons in civilian clothing, but they were actually from the political police. These men attacked him in front of his family and friends, beating him from head to toe. He was arrested for no reason, and later they fabricated a case against him for a crime that never happened. My brother will serve his sentence until September 30, he has been released conditionally from prison but he is still serving his sentence.” -Miriam Cardet, sister of political prisoner Eduardo Cardet.

Race and Equality’s investigation found that although some human rights and due process guarantees exist in Cuban law, they are disregarded by authorities when dealing with human rights defenders, activists and independent journalists.

Meanwhile, the state utilizes the Penal Code to criminalize people who express opinions against the government, particularly through the use of vaguely-defined crimes such as “contempt” and “disobedience” or the legal label of “social dangerousness,” all of which can be used to impose lengthy sentences without due process.

“When my brother made his statements after the death of Fidel Castro, he was not in Cuba. They called his wife and told her that it was better for him never to return to Cuba because if he did, he would disappear, and eventually he was violently arrested and held in life-threatening conditions. When they detained him, they kept him ‘disappeared’ for five days, with no medical attention despite the terrible beating he suffered. We could only visit him in a dark hallway; we could see how badly he was doing. His trial was held behind closed doors, where they fabricated crimes and kept him in horrible conditions that continue to affect his health today. -Miriam Cardet

Other findings from the report include violence against activists when they are arrested, the use of travel restrictions to prevent activists from leaving the island and deplorable conditions in jails and prisons.

 “They kept my husband in a cell, a 2-by-3-meter hole. Although it is against regulations to keep someone in a solitary cell for more than three days, he was there for eight or nine months of inhumane treatment. When I went to visit the prison, he came out with injuries all over his body, accompanied by two men carrying huge guns and chained around his waist, ankles and feet; he was treated as if he was a terrorist.” –Dolia Leal, founding member of the Damas de Blanco and Cuban exile

Download here the report:  “Premeditated Convictions: Analysis of the Situation of the Administration of Justice in Cuba” in Spanish

Download here the report´s Executive Summary “Premeditated Convictions: Analysis of the Situation of the Administration of Justice in Cuba”

Broadcast event: “Weaponizing Justice: Rule of Law and Cuba’s New Constitution” 

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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