Race and Equality Releases Report About Women Political Prisoners in Cuba and Calls on the State to Cease Persecution and Criminalization of Human Rights Defenders

Race and Equality Releases Report About Women Political Prisoners in Cuba and Calls on the State to Cease Persecution and Criminalization of Human Rights Defenders

Washington D.C., November 24, 2021.– On November 18th, the Institute on Race, Equality and Human Rights (Race and Equality) released a report entitled “Voices in Resistance: Women Political Prisoners in Cuba.” The report documents the experience of women who are or have been political prisoners in Cuba and the impact their criminal sentences and other acts of oppression have had on their lives. Furthermore, the report contains recommendations to the Cuban State as well as the international community oriented towards changing the situation of persecution and criminalization which women activists and human rights defenders face on the Island.

The event to launch the report was attended by the Rapporteur for Cuba from the Inter-American Commission of Human Rights (IACHR), Commissioner Stuardo Ralón, as well as women ex-political prisoners, who suggested policies and shared their experiences from different perspectives. Caitlin Kelly, Latin America Legal Program Officer at Race and Equality and author of the report, presented the report’s main findings; and Christina Fetterhoff, Director of Programs at Race and Equality, gave a welcome statement in which she highlighted the relevance of this event in the context of the International Day for the Elimination of Violence Against Women, which is commemorated every 25th of November.

“Women human rights defenders in Cuba suffer structural violence every day in a very particular way. They have to endure the dual burden of paid and unpaid work, which is common for women in any part of the world, but Cuban women activists are also subjected to harassment, threats, acts of repudiation, interrogations, and arbitrary detentions, among others, which many times include physical as well as emotional violence. The consequences of this violence are felt by the activists’ families and their communities. And in the cases in which women become political prisoners, the impact of the structural violence becomes much worse,” she said.

The Report

Caitlin Kelly, Latin American Legal Program Officer at Race and Equality, explained that apart from the “dual burden” which the Cuban women carry within the context of political control and shortage of food and medicine, the key factors that inspired this report are that Cuba does not have a law to protect women from gender-based violence and the lack of information on women political prisoners in the international community.

The report includes the cases of 12 women activists who were convicted for different crimes after expressing opinions in opposition to the government. The majority of them spent six months or more in a penal institution in Cuba, while others served their sentences under house arrest. The information was collected through interviews which were done directly with the women or with the families of those imprisoned.

“The interviews with the political prisoners confirm that the prisons in Cuba are inhumane and do not provide the basic provisions needed to survive. The women were in dirty cells, filled with rats and insects and, in some cases, even human waste. They were left hungry and isolated from their families and from other prisoners. Some suffered violence from inmates or guards. None received adequate medical treatment, which resulted in serious illness,” the report said.

Testimonies

The Lady in White (Dama de Blanco) and former political prisoner, Jacqueline Heredia, is one of the protagonists of the report. She was detained in April 2016 and, after spending more than a year in prison (May 2017), was sentenced to three years in prison for the crimes of “contempt” and “assault of an authority.” In August 2017 they granted her leave for serious health complications. Today, the activist faces the risk of returning to prison, as both she and her husband, Carlos Alberto Álvarez, are being accused of the crime of “assault of an authority”.

Jacqueline’s husband has been detained for six months in Prison 1580, in San Miguel del Padrón, La Habana. “They detained him for [the non-payment of] a few arbitrary fines that they gave us both, and now they accuse us of assault, and are asking for four years in prison for him and three for me. They say that we committed this assault in 2019, on the 8th of September, the day of the Sunflower March, which we participated in peacefully. He is awaiting trial in prison, and I at home,” she said through a video shared at the event.

Yamilka Abascal, who is a member of the Cuban Youth Roundtable (Mesa de Diálogo de la Juventud Cubana) and other organizations that promote human rights and democracy on the Island, was sentenced in 2017 to two years of house arrest. Yamilka was accused of “contempt” when she and her husband – the activist José Rolando Casares – were on their way to Havana to participate in an international press conference to present a civil campaign of the Roundtable.

Yamilka was eight months pregnant when she was convicted. She participated in the event over the phone and explained how the constant harassment by police she experienced during her house arrest has psychologically affected her and her children. Although she has already served her sentence, the young woman is still followed and harassed by Cuban authorities and supporters of the government.

Lisandra Rivera is part of the Patriotic Union of Cuba (UNPACU) and because of her activism has been harassed, threatened, and physically attacked in recent years. In June 2014, she lost her four-month pregnancy due to a beating by State Security agents and the National Revolutionary Police. “In 2016, I was detained because I came out in defense of some self-employed people who were being attacked and at the end of 2016 I was tried and taken to prison for the crime of assault”, she said in a video which was shared at the event.

Rivera was sentenced to two years in prison. She spent the first 11 months in the Santiago de Cuba prison during which time she was not allowed visitors and was denied the right to make phone calls. Later she was transferred to the Kilo 5 Prison in Camagüey, where on five occasions she was placed in solitary confinement, once for a period of three months and ten days. Furthermore, Lisandra suffered due to the terrible hygiene and food conditions of the prison.

The work of the IACHR

In his speech, the IACHR Rapporteur for Cuba stressed that civil society in Cuba reports “a systematic pattern to persecute peaceful demonstrators, political opponents, and activists,” which has worsened as a result of the July 11 protests and the demonstration announced by independent civil society for November 15th. The November 15th protest could not be carried out due to the strong repression of the government. “And this continues through harassment, arbitrary detentions and trials that do not observe the minimum guarantees of the legal process,” he said.

Commissioner Ralón, in the name of the IACHR, called upon the international community to demand that the State immediately end the persecution and arrests of dissenting or opposition voices and release those imprisoned. He also emphasized that the Commission is very motivated to continue the work of monitoring “because there is full conviction that in order for full respect for human rights to exist, the principal liberties for which these voices clamor must be guaranteed.”

At Race and Equality, we continue to follow the human rights situation in Cuba, including the persecution and criminalization which women activists and human rights defenders confront. With this report we hope to contribute to change this reality, demanding that the Cuban State abides by its international human rights obligations and sharing with civil society and the international community some of the voices in resistance.

Activists, human rights organizations and the families of persons deprived of liberty in Cuba collectively urge the IACHR to conduct an in loco visit to Cuba in order to understand the situation

  • The work being done by these collective groups represents a beacon of hope for Cuba, and the entire region – IACHR

Thursday, October 21, 2021.- A public hearing titled “Human rights situation in the context of the protest in Cuba” was held today 10/21, during which families, activists and human rights organizations urged the Inter-American Commission on Human Rights (IACHR) to request that the Cuban government allow the IACHR to conduct an in loco visit to the country in order to verify the full extent of the situation of persons deprived of liberty.

The hearing took place during the 181st period of sessions, where more than twenty organizations participated, expressing their desire for the IACHR to initiate a dialogue between the Commission, the Cuban government and the participating organizations. Regretfully, the government did not participate in the hearing.

Sayli Navarro, a promoter of Cuba Decide (“Cuba Decide”) and a member of the Ladies in White, told the Commissioners about the detention she and her father suffered on July 11. Felix Navarro, 68, and president of the Party for Democracy “Pedro Luis Boitel,” has not been seen since, and has also contracted COVID in prison. Ms. Navarro also mentioned the cases of José Daniel Ferrer, the national coordinator of the Patriotic Union of Cuba (UNPACU); Fernando González, Roilán Zárraga and José Pupo, members of UNPACU and promoters of Cuba Decide; Keilylli de la Mora and Rosa Jany Milo Espinosa, among others.

Laritza Diversent, the director of Cubalex, expounded that since July 11, Cubalex and the Justicia 11J Working Group have recorded the arrests of 1,130 people, 572 of whom remain deprived of their liberty and several of them having denounced acts of torture and ill-treatment. Diversent also highlighted the cases of vulnerable groups, such as young people, Afro-descendants, women, and members of the LGBTIQ+ community. Although these groups do not represent the majority of arrests, the type of repression committed against them has been disproportionate, causing an exemplary impact in their communities, particularly against those who belong to civil society groups perceived as critical of the government.

Diversent shared about agressions committed against journalists while covering the protests in order to suppress the flow of information. Agressions were registered against 18 journalists – five women and 13 men – from eight independent media outlets. Despite all being released, the majority of them were subject to repeated unlawful house arrest. She also warned about the legal framework implemented by the government to limit freedom of expression in the digital space. After the July 11 protests, Decree-Law No. 35, which legalizes mass interruption in internet access and imposes an obligation on operators and public telecommunications service providers to monitor Internet content, was imposed. Under this regulation, live transmission of demonstrations or online calls for protests can be qualified as harmful dissemination, cyberterrorism, cyberwar, and social subversion, according to Diversent.

Representing the Citizens’ Committee for Racial Integration (CIR) was Osvaldo Navarro Velóz, who shared that the organization had been following arrests against artists in the context of the July 11 protests and the ill treatment of members of his organization by the government “in an attempt to dismiss the many demands of the most marginalized sectors of Cuban society.” As such, he urged that “the support of the entire Inter-American System is vital.”

Michel Matos, a member of the San Isidro Movement – an organization founded in 2018 with the mission of ensuring and safeguarding the cultural rights and human rights of citizens in Cuba – recounted the information that civil society organizations have documented since July 11. At least 39 arbitrary detentions against artists related to protests; abusive use of pre-trial detention either in prisons or in homes; confiscation of work materials; restrictions to leave the country; systematic cuts in communications; and denial of access to essential services such as health or housing.

Finally, Marthadela Tamayo González, a member of CIR and representative of the Council for the Democratic Transition of Cuba (CTDC), denounced that violence against women and their bodies represents only one aspect of systematic cruelty. She referred in particular to the cases of sisters María Cristina and Angélica Garrido Rodríguez, both human rights activists, who were violently arrested by six police officers on July 12 in their homes. Both are mothers and are awaiting trial on charges of alleged contempt, assault and resistance, and for participating in the protest at their place of residence.

The IACHR’s response – led by Commissioner Edgar Stuardo Ralón Orellana, who is the Country Rapporteur – recognized the efforts and courage for the work carried out by organizations in such adverse conditions. Importantly, he also emphasized that the economic embargo should not be argued as the cause for situations that constitute violations of the main freedoms, liberties and human rights. These violations have another cause – “There is no freedom or a democratic government. Until this situation is resolved, it will be very difficult to be able to move forward guaranteeing human rights.”

“We are concerned about violations of due process and disproportionate sentences whose sole objective is to discourage the right to protest and freedoms. The IACHR reiterates its commitment to continue making the situation in Cuba more visible.”

Julissa Mantilla Falcón, first vice president of the IACHR, reiterated the Commission’s commitment to continue monitoring and supporting the work that the organizations are doing, as it represents a hope not only for Cuba but also for the region.

The Commissioners coincided in their concern for the threats emitted by the government in direct opposition for the upcoming announced protests for November 15, and that they will continue to monitor with special attention the situation during the coming weeks.

UNDERSIGNED ORGANIZATIONS

International Institute on Race, Equality and Human Rights (Race and Equality)

Centro para la Apertura y el Desarrollo de América Latina (CADAL)

Civil Rights Defenders (CRD)

Cubalex

Consejo para la Transición Democrática en Cuba (CTDC)

Movimiento San Isidro (MSI)

Comité Ciudadanos por la Integración Racial (CIR)

La Hora de Cuba

IFEX‐ALC

ARTICLE 19 México & Central America

Fundación para la Democracia Panamericana (FDP)

Red Latinoamericana de Jóvenes por la Democracia (Juventud LAC)

Centro de Acción y Defensa por los Derechos Humanos (CADEF)

Impulsa Latinoamérica (IL)

Civil Rights Defenders (CRD)

Unión Patriótica de Cuba (UNPACU)

Instituto Patmos (IP)

IACHR extends precautionary measures to Cuban activists Richard Adrián Zamora Brito and Irán Almaguer Labrada

Washington, D.C.; September 8, 2021.- At the request of the International Institute on Race, Equality and Human Rights (Race and Equality), the Inter-American Commission on Human Rights (IACHR) has extended precautionary measures to the activists Richard Adrián Zamora Brito, a member of the Citizens’ Committee for Racial Integration (CIR, in Spanish) and Irán Almaguer Labrada, a member of the Christian Liberation Movement (MCL). The Commission made this decision after finding that both men face a serious and urgent risk of irreparable harm to their rights to life and personal integrity.

Richard Adrián Zamora Brito

In January and June 2021, the IACHR granted precautionary measures to four members of the Citizens’ Committee for Racial Integration, finding that their lives and personal integrity were at risk due to their efforts to promote human rights. This risk has increased as a result of the repression of protest and activism after the protests of July 11, affecting additional members of CIR including Richard. Race and Equality therefore requested that the precautionary measures be extended to include him, to which the IACHR agreed on August 22 via Resolution 64/2021.

Richard Adrián Zamora Brito, who records and performs as “El Radikal,” is a musician, activist, and the coordinator of CIR’s activities in the province of Matanzas. In this role, he works to protect and promote human rights in his community. As a result of his work as both an activist and artist, he has suffered serious violations of his right to freedom of expression and faced government persecution on multiple occasions.

On July 11, Richard approached a protest taking place in Matanzas with the goal of documenting the events. That evening, he returned home without issues. Early the next morning, however, he was detained at his home by State Security and National Revolutionary Police (PNR) forces. Authorities told his wife that he would be taken to the Colón Municipal Police Station to be “investigated.”

On July 14, Richard’s family approached the Matanzas Criminal Processing Center to obtain information about where and why Richard was being held. The officials there informed them that once 96 hours had passed (the maximum time period allowed under Cuban law), the charges would be stated. This time elapsed on July 15, but no information was provided. His family requested a revision of his status, which was denied, and was also prevented from viewing his case files. The only information they were given was a verbal, unofficial remark that Richard was being charged with “public disorder” and “disturbance.” After being held incommunicado for more than 40 days, Richard was finally released on a 10,000 pesos (approximately US$500) bail on August 20.

Irán Almaguer Labrada

On January 7, 2021, the IACHR granted precautionary measures to Yandier García Labrada, who had been deprived of liberty since November 2020. Yandier and his brother Irán Almaguer Labrada are both members of the Christian Liberation Movement and, as a result of their activism, have faced persecution and harassment at the hands of Cuban authorities, putting their lives and personal integrity at risk.

Irán is MCL’s coordinator for the areas of Manatí, San Andrés, and Alfonso, where he leads activities for the defense and promotion of human rights. Irán suffers from retinitis pigmentosa, which requires regular treatment to prevent his losing his eyesight. State Security forces have used this condition against him, threatening him that if he continues his activism, they will arrange to have his healthcare cut off.

In addition to these threats, Irán has suffered intimidation, arbitrary detention, and harassment due to his affiliation with the MCL. This persecution has worsened since Yandier was detained and Irán took up action to demand justice for his brother. Since January of this year, Irán has suffered at least one short-term detention every month. While he is being held, he is prevented from contacting his family, which causes great suffering and distress for his wife and 14-year-old daughter.

Irán was most recently detained on July 21, in the context of the July 11 protests. Around 9:00 am, he was arrested in his home and brought to the El Anillo police station in Holguín, around 20 kilometers from his house. There, he was held incommunicado until being released on July 23. While being detained, he was held alone in a cell and interrogated twice. His interrogators told him that he would be imprisoned if he continued with his activism and warned him not to speak publicly about the economic or social situation in Cuba, telling him that he had been heard doing so in a bakery. They finally informed him that if he continued “inciting people,” he would be prosecuted.

Based on these facts, the IACHR decided to extend precautionary measures to Irán via Resolution 68/2021.

Race and Equality calls on the State of Cuba to implement these precautionary measures by guaranteeing Richard and Irán’s fundamental rights to life, personal integrity, liberty, security, and due process. We also join the IACHR in calling on Cuba to ensure that the two men can carry on their work as activists without suffering intimidation, persecution, or threats.

Recognition of Diverse Couples in Cuba: Race and Equality Promotes South-South Exchange on the Eve of Family Code Law’s Preliminary Draft

Washington D.C., July 1, 2021.- On June 29, 2021, the Institute on Race, Equality and Human Rights (Race and Equality) launched the report, “Towards the Recognition of Diverse Couples in Cuba” on the eve of the presentation of a new Family Code to Congress, which will be subsequently submitted to a referendum for its approval. The launch was carried out in a virtual event in which representatives of independent civil society on the island and activists from Ecuador and Costa Rica participated to share their country’s experiences and strategies in the recognition of marriage equality.

The webinar was called Recognition of Diverse Couples in Cuba: Exchange of Experiences in the Region. The panelists included the Executive Director of Race and Equality, Carlos Quesada; the journalist and independent activist from Cuba, Maria Matienzo; the Director of the Institute of Equality, Gender and Rights of the Central University of Ecuador, Christian Paula; and the President of the Association of Homoparental and Diverse Families of Costa Rica and Executive Director of the Sí Acepto (Yes, I Accept) Campaign in Costa Rica, Nisa Sanz. Race and Equality’s LGBTI Program Officer, Zuleika Rivera, moderated the event.

In addition to the LGBTI+ community’s demand on the island, the approval of marriage equality is in line with Cuba’s human rights obligations, as well as with the Constitution adopted in 2019. It conceptualizes marriage as a voluntary union between persons. It was determined that egalitarian marriage would become a reality by including it in a new Family Code that was to be presented and submitted to a referendum within two years, in other words, this year of 2021.

Rivera commented that the possibility of a referendum to decide the approval of this Code, brings with it a series of positions in favor and against this process. On one hand there are the fundamentalist voices that oppose the recognition of the rights of the LGBTI+ population, and on the other hand, there is the same LGBTI+ community and allies that support it but criticize the fact that a referendum will determine their rights.

The report

The report, “Towards the Recognition of Diverse Couples in Cuba” articulates Race and Equality’s analysis of marriage equality considering international human rights standards, its aim is to encourage discussion on the right to equality and non-discrimination, and its scope in the area of family protection. In addition, the document includes a series of recommendations for the Cuban State, international organizations and civil society to strengthen the protection of the human rights of the LGBTI+ population in Cuba.

In presenting the main findings of this report, the Executive Director of Race and Equality, Carlos Quesada, said that “the right to equality must be guaranteed, it must not be left to a referendum. “Marriage equality is based on national legislation, specifically on the Cuban Constitution in articles 1, on equality; 7, on supremacy; 13, on equity and social justice; 16, on the enjoyment of human rights and the repudiation of any manifestation of discrimination; 41 on the protection of human rights, in line with the principles of progressivity, equality and non-discrimination, and article 44, on the right to equality and social inclusion, among others” he contends.

“The acknowledgement of diverse people requires the recognition of the civil rights of Cubans in general,” declared independent Cuban journalist, who lamented that the demand for the recognition of the rights of the LGBTI+ population is limited by the absolute control exercised by the State, “based on an ideology in which there is no place for a man who is not heterosexual with a woman who responds to his own interests.”

Experiences in the region

The Director of the Institute of Equality, Gender and Rights of the Central University of Ecuador, Christian Paula, referred to the legal regulations, both national and international, which served as a basis for undertaking the struggle for the recognition of marriage equality in Ecuador. The right to marriage equality has been a reality since July 8, 2019. The specialist said that the Advisory Opinion 24/17 of the Inter-American Court of Human Rights (IACHR) is very important for the region because the LGBTI+ population does not have an international treaty that specifically protects their rights.

The President of the Association of Homoparental and Diverse Families of Costa Rica and Executive Director of the “Yes, I Accept” Campaign, Nisa Sanz, shared her experiences of educational and the awareness campaign they carried out in Costa Rica’s demand for marriage equality. “It is very normal that in these types of advances countries face all kinds of barriers, ranging from total opposition to any kind of advance to those that completely favor egalitarian marriage”, she explained.

For Race and Equality, it is important to create this type of space for the exchange of experiences and to have the participation of activists from Cuba, a country where there is a severe restriction on the exercise of civil rights, and where the struggle for the recognition of rights for groups such as the LGBTI+ population is overshadowed by the government’s authoritarianism.

In the light of the experiences of Ecuador and Costa Rica, we hope that Advisory Opinion 24/17 of the Inter-American Court of Human Rights will be used by civil society in other countries of the region as a tool for the demand for the recognition and guarantee of the rights of LGBTI+ persons. In the context of the discussion and adoption of the Family Code in Cuba, we urge the Cuban State to act in accordance with its human rights obligations, for the complete fulfillment of the right to equality and non-discrimination.

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

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

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

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

Progress and Challenges

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

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

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

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

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

Let us celebrate!

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Menstruation: a vital topic for ensuring human rights in Latin America

Washington, D.C.; May 28, 2021.- To mark Menstrual Hygiene Day, celebrated worldwide on May 28th, the International Institute on Race, Equality and Human Rights (Race and Equality) held a virtual panel with Latin American activists and experts who discussed menstruation and its relationship with human rights. The panel also launched the new report Menstruation and Human Rights in Cuba, written and published by the Cuban civil society organization Plataforma Femenina (Women’s Platform).

The panel began with a presentation of Menstruation and Human Rights in Cuba, which discusses the obstacles that women, adolescent and young girls, and other menstruating people face in accessing menstrual hygiene products. The report offers recommendations to the State of Cuba regarding the need to provide the conditions for menstruating with dignity. From there, the panelists discussed how greater understanding of menstruation and menstruating people’s needs should lead to greater fulfillment of their human rights, particularly their economic, social, cultural, and environmental rights.

Christina Fetterhoff, Race and Equality’s Director of Programs, opened the panel and explained the growing use of the term “menstrual hygiene” among United Nations bodies such as the Office of the High Commissioner for Human Rights, UNWomen, UNICEF, and the UN Population Fund. Nonetheless, she invited the panelists to use the term they considered most adequate and with which they felt most comfortable during their presentations.

Menstruation in Cuba

Eroises González, national coordinator of Plataforma Femenina, explained that menstruation is difficult for many Cubans due to limited availability of menstrual pads and other hygiene products. Officially, only 10 pads, which are of poor quality, are sold per woman each month; this ration is insufficient for many women’s menstrual periods.

Women with disabilities or who are deprived of their liberty face even greater difficulties. In both cases, they must rely on family members to acquire hygiene products, which is further complicated by Cuba’s economic situation. González emphasized that these difficulties can lead to an “ordeal” for women who begin their menstrual periods without necessary products.

The report and the panel’s discussion recognized that the United States’ economic embargo of Cuba affects the availability of products such as hygiene supplies while also pointing out that according to the United Nations Committee on Economic, Social and Cultural Rights, “the imposition of sanctions does not in any way nullify or diminish the relevant obligations of that State party. As in other comparable situations, those obligations assume greater practical importance in times of particular hardship.”

The report closes with eight recommendations for the State of Cuba, including the passage and implementation of a law to ensure free and equal access to menstrual hygiene products. The report also recommends greater integration of this issue with Cuba’s existing commitments under the 2030 Agenda for Sustainable Development, particularly regarding health and well-being, education, gender equality, and clean water and hygiene.

“An issue of equality”

Commissioner Margarette May Macaulay, a member of the Inter-American Commission on Human Rights (IACHR), remarked that menstrual hygiene is an issue of gender equality and that factors such as gender stereotypes, extreme poverty, and emergency contexts make menstruation into a source of stigma, violating the rights of people who menstruate to equality and non-discrimination.

Macaulay, the Commission’s Rapporteur on the Rights of Women and on the Rights of Afro-Descendant People, stated, “Studies demonstrate that when girls cannot manage their menstrual period adequately, their attendance and performance at school are affected, which in turn affects their participation in society and generates inequality.” Macaulay also pointed out that the World Health Organization and UNICEF both define “adequate management” of menstrual periods as the ability to use sanitary hygiene products that can be changed in private, access to soap and clean water to wash oneself, and proper facilities for disposing of used products. She reiterated that States are obligated to ensure access to these requirements.

Inclusive and comprehensive initiatives

Santiago Balvin, a trans-masculine activist and member of the Peruvian organization Rosa Rabiosa (Fierce Rose), discussed menstruation from the perspective of trans men, trans-masculine people, and non-binary people assigned a female sex at birth. Santiago began by stating that for many members of these groups, practically “sexual and reproductive rights don’t exist,” as these rights are typically addressed only from a cis-gendered point of view.

“Not all people who menstruate are women, and it’s necessary to understand that for trans and non-binary people, menstruation is not only an issue of bodily comfort, but a key question for their identities,” said Balvin, emphasizing that even the simple act of buying menstrual hygiene products can cause non-binary people to suffer attacks on their psychological and social well-being, due to not being treated in accordance with their gender by others.

Andrea Marín, a menstrual therapist from Colombia, spoke from her professional experience about how to achieve a more comprehensive approach to menstruation. She remarked that, “These spaces are necessary because we need opportunities to name, reflect on, and question our different understandings of human flourishing, and to develop new ones, because we all have different relationships with our bodies, our menstrual cycles, and our environments.”

Marín stated that an important first step is to speak openly about menstruation in order to improve society’s understanding of it, speaking about it in both private and public spaces “to have a place where it can be explored, made visible, and thereby create guarantees through public policies.” She summed up her perspective by stating that menstruation should be informed, safe, and free, with menstruating people enjoying health information, hygiene products, and the freedom to make decisions.

Anahí Rodríguez, the founder of MenstruaciónDignaMéxico (Dignified Menstruation Mexico), argued that for a natural physiological process, that many people experience roughly monthly over forty years of their lives, to be unaddressed in public policies in “unbelievable.” Because of this failure, she stated, menstruation is often an occasion of human rights violations, including violations of the rights to health, education, and the fundamental right to non-discrimination.

“We have to speak strongly and clearly, tackling the challenges that women and other menstruating people face during our periods. It should be an imperative for States to provide every person with the right to menstruate in a hygenic, intimate, comfortable, safe, healthy, and dignified way,” said Rodríguez, pointing out that 40% of Mexican women live in poverty, 36% of people in Mexico do not have daily access to clean water, and 10% have no access to sanitation.

Race and Equality recognizes that women, adolescent and young girls, and other menstruating people across Latin America and the Caribbean face serious obstacles to a dignified menstrual cycle, and that these obstacles prevent them from fully enjoying and exercising their human rights. Therefore, we join civil society across the region in demanding that States create and implement public policies to ensure access to menstrual hygiene products. We also call on the international community to monitor this situation and support the recommendations made by civil society to improve it.

Race and Equality expresses concern for imprisoned Cuban activist Yandier García Labrada and calls on Cuba to comply with the decisions of the IACHR

Washington, D.C.; May 26, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality) expresses our serious concern at the situation of Yandier Garcia Labrada, a Cuban activist and member of the Christian Liberation Movement (MCL) who has been held in “El Típico” prison for nearly eight months without any charges being presented against him.

Yandier Garcia Labrada was detained on October 6, 2020, after protesting against problems with the distribution of food in Manatí, Las Tunas. After being detained, he was held incommunicado for approximately a month, during which time he suffered beatings at the hands of security forces which left him with an immobilized arm. He has still not received any medical attention, despite this injury and his severe asthma.

Recognizing the serious risks that Yandier faces in custody, the Inter-American Commission on Human Rights (IACHR) granted him precautionary measures on January 7, 2021. These measures require the State of Cuba to protect his life and personal integrity, particularly by guaranteeing that he is held in conditions compliant with international standards on the rights of people deprived of liberty. The Commission also called on the Cuban government to adopt these measures in consultation with Yandier and his family and to report on the actions taken to comply with the decision.

The government, however, has not adopted any measures to implement the ruling. Yandier’s situation has only worsened, including through the denial of family visits supposedly due to pandemic-related restrictions. His phone calls are also limited: in the last five months, he has only been permitted one phone call with his family in March 2021. Since then, his family has lost all contact with him and are greatly concerned for his well-being, knowing the poor conditions of Cuban prisons and the risks he faces due to his asthma. Yandier also suffers constant abuse and intimidation at the hands of security forces. The criminal case against him remains open, despite the fact that no charges have been presented and he has not been granted a trial.

Race and Equality calls upon the State of Cuba to adopt all necessary measures to comply with IACHR Resolution 5/2021 and preserve Yandier’s fundamental rights to life, liberty, and personal integrity. We also demand that the State respect the right of all Cubans deprived of liberty, including Yandier, to remain in communication with their loved ones and legal representatives.

Two years after Havana’s historic May 11, LGBTI+ activists in Cuba discuss progress and challenges

Washington, D.C.; May 11, 2021.- On May 11, 2019, Cuba’s LGBTI+ community staged an unprecedented event. After the Nacional Center for Sexual Education (CENESEX) cancelled its annual LGBTI+ pride parade without explanation or justification, LGBTI+ Cubans and their allies held their own celebration in Havana. Although the day ended in repression, it also marked a new high point for the country’s LGBTI+ movement and gave greater visibility than ever to the community’s realities and demands.

Independent Cuban activists and members of the LGBTI+ movement told Race and Equality that despite the violence and arbitrary detentions meted out against them, they remember May 11th as an authentic expression of their community’s demands to increase LGBTI+ visibility and secure human rights for all Cubans.

“The march was the result of three key elements: the community’s rejection of the government’s decision to cancel the annual Conga (parade) against Homophobia and Transphobia, the accumulation of unmet demands from the LGBTI+ community, and the efforts by independent activists to join forces and concentrate our energy,” said Isbel Díaz Torres, a human rights defender and leader of the platform AcciónLGBTIQ-ba (Q-ba LGBTI Action).

The events of May 11

Before 2019, CENESEX had put on the annual Conga against Homophobia and Transphobia for 11 years, with the Conga serving as the kick-off to the Festival against Homophobia and Transphobia. In 2019, however, CENESEX announced that that the Conga would be cancelled due to “new tensions in the regional and international context,” causing outrage in the LGBTI+ movement and across civil society.

Isbel Díaz told Race and Equality that almost instantly, social media channels began to light up with ideas for an alternative celebration. “These ideas popped up in a decentralized way, but it was the work that we had put in previously to build networks of LGBTI+ activism that allowed a single agreed-upon proposal to form,” she explained.

The Afro-descendant LGBTI+ activist Raúl Soublett learned about the independent Conga, held in Havana’s Central Park, through social media. “I went with a group of friends,” he remembers, “when we arrived, nobody else was there. I started thinking it wasn’t going to happen, but we took out our banners and the park started to fill up. It was a little disorganized, there weren’t any specific leaders, there was no agreement about a route for the march, but we went forth. Many people came and joined in. There was no political propaganda one way or the other, we were just there making our legitimate claim to have our rights recognized and respected, and to be visible in society.”

Human rights defender Boris González Arenas remarked that cellular internet access, which had just recently been introduced in Cuba in December 2018, was crucial to the independent Conga, as it has been crucial for Cuban civil society and activism in general. Activists first saw the potential of online activism in January 2019 when, after a tornado caused deaths and severe destruction in Havana, civil society organized shows of support and solidarity with the victims while highlighting the shortcomings of the government’s response.

Raúl Soublett remembers that state security forces were present from the first moments in Central Park and that a group of security personnel initially attempted to block and disperse the march. When the marchers refused to comply, officers responded violently. “Before they struck, we conducted a peaceful sit-in and a “kiss-in.” The police wanted us to disperse, they even had buses there for us, but people refused and protested,” he recalled.

Isbel Díaz and his husband Jimmy Roque Martínez, meanwhile, could not even make it to the Conga. “That morning, as we were leaving the house at 8:30 am, two men wearing civilian clothes approached us. They demanded that we hand over our cell phones, that we not resist, and that we get in two police cars sitting nearby. They took us to the police station in Lawton, Havana, where they charged us with supposed ‘counter-revolutionary activity.’ The officer in charge told us that we were being arrested for ‘organizing and convoking an illegal act of civil disobedience against the revolution.’”

LGBTI+ activism, two years later

Boris González sees the events of May 11, 2019 as evidence of the Cuban LGBTI+ movement’s development, but also of Cuban civil society as a whole. After the Conga, he told Race and Equality, civil society began to leave behind its previous ideological divisions and seek greater cohesion. Importantly, he also sees the event as marking the eclipse of CENESEX and its director Mariela Castro as the center of Cuban LGBTI+ activity. “CENESEX had already been declining in popularity,” he said. “It had previously gained goodwill by supporting the LGBTI+ movement and had launched some interesting initiatives, but with the cancellation of the Conga and Mariela Castro’s subsequent statements, that was all lost.”

The LGBTI+ activist and member of the Latin American Federation of Rural Women Irina León, who lives in Pinar del Río, views two major obstacles to LGBTI+ activism over the years: the government’s attitude towards civil society and the patriarchal characteristics of Cuban society. “LGBTI+ Cubans are ready to demand respect for our rights. We have to come together and find common goals to work for, with which we can show the rest of the population that we are human beings like them, with the same need to be heard,” she says.

Isbel Díaz reflects that “from that moment on, we can talk about ‘the Cuban LGBTI+ community.’ Before, there were disjointed efforts, egos, and no chance of forming formal organizations, which prevented us from working together. Now, it’s possible to think of us as a community encompassing political, ideological, racial, and age diversity.”

Raúl Soublett emphasizes that the COVID-19 pandemic has had both personal and organizational impacts on the LGBTI+ community in Cuba. The pandemic has exposed and worsened the inequalities in Cuban society, especially those facing people with diverse sexual orientations and/or gender identities. “During our physical isolation and the tough public health measures, LGBTI+ activists have had to reinvent our methods, spaces, and ways of thinking. New projects, initiatives, support groups, and more have cropped up. But Cuban LGBTI+ activism is still precarious because we have been working for years and still not accomplished recognition or legal fulfillment of our rights. Furthermore, Cuba is a country with no liberties at all, which makes it hard to develop a true movement. We still rely on spontaneity, as occurred with the Conga,” he says.

The activists who spoke with Race and Equality agree that the most important issues on the LGBTI+ community’s agenda today are the enshrinement of marriage equality in the upcoming Family Code, recognition of and formal apologies for abuses against LGBTI+ Cubans in the 1960s, fighting violence and discrimination against trans Cubans, and, like other independent civil society groups, guarantees for freedom of association.

Donna Suárez, a trans woman and activist, emphasized the particular fight for trans rights on the island, pointing out the high numbers of trans people who are exposed to danger and even death as they practice sex work. Donna also warned that national dialogues about the need for a law against gender-based violence are leaving out the perspectives of trans women. This failure, along with the lack of a law on gender identity, further marginalizes trans women and their specific needs. According to Suárez, however, the independent Conga of May 11, 2019 “has made us visible and given us the perception that if we don’t fight for our rights, no part of the state will do it for us.”

Race and Equality remains committed to accompanying Cuban LGBTI+ activists as they fight for their fundamental rights. We call on the Cuban government to heed their demands and fulfill its international obligations to protect, promote, and guarantee human rights for all people, without discrimination. We urge the government to ensure that the draft Family Code is inclusive and incorporates the demands of civil society, particularly marriage equality and the legal recognition of diverse families.

Human Rights Absent from the Eighth Congress of the Cuban Communist Party

Washington, D.C.; April 27th, 2021.- The eighth Congress of the Cuban Communist Party, held from April 16th-19th, failed to discuss the country’s serious human rights problems or take action to address them. Independent Cuban civil society felt that the Congress was ‘more of the same,’ despite the government and official media’s efforts to declare it a success.

Since the Communist Party is the county’s highest authority, the Party Congress, held every five years, invariably gives rise to speculation about changes in the country’s direction. On the first day of this year’s Congress, President Miguel Díaz-Canel tweeted that “here we refine ideas, recognize the past, and discuss the future.”

At the international level, the most newsworthy element of this year’s Congress was the passing of the position of First Secretary of the Party from Raúl Castro to Miguel Díaz-Canel. For Cuban civil society, meanwhile, the Congress was yet another official forum that neglected the most basic issues plaguing the country: difficulty accessing basic goods, lack of access to medicine, the spread of COVID-19, violence against women, and restrictions on the freedoms of expression and association.

The Afro-Cuban leader and national coordinator of the Citizens’ Committee for Racial Integration (CIR) Juan Antonio Madrazo told Race and Equality that “the Party Congress focused more on strengthening the ideological front, which has been showing cracks for some time now, than on addressing the immediate problems in society.” According to Madrazo, “the Party vanguard did not discuss how they will modernize social policy nor how they will use the social protection system to tackle poverty and inequality.”

The Congress also ignored Cuba’s human rights obligations and the structural failure of Cuban law to conform with international human rights law. When Cuba drafted its new Constitution in 2019, the original proposed text stated that “the rights and responsibilities established in this Constitution shall be interpreted in conformity with international human rights treaties ratified by Cuba.” This text was removed during the drafting process, however, and Article 8 of the ratified Constitution now states that the Constitution takes precedence over international treaties such as the International Covenant on Economic, Social, and Cultural Rights; the International Covenant on Civil and Political Rights; and others.

The struggle against racism

Activists and organizations fighting against racism and racial discrimination were concerned by the Congress’ failure to address these issues, especially considering that the government’s National Program Against Racism has had no tangible impact and that few Cubans even know of its existence. “Efforts against racism, homophobia, and gender-based violence were not included because the State considers these issues to be part of an ‘enemy agenda,’” said Madrazo.

CIR’s efforts to hold the National Program Against Racism accountable for its stated goals has brought persecution, attacks, and arbitrary detentions down on its members, as Race and Equality has denounced before the Inter-American Commission on Human Rights (IACHR) and the United Nations. In January 2021, the IACHR granted precautionary measures to Madrazo, Marthadela Tamayo González, and Osvaldo Navarro Veloz because of these violations, and in March, UN Special Rapporteur on the Situation of Human Rights Defenders Mary Lawlor called on the Government of Cuba to end the intimidation of CIR’s members.

“The Congress leaves a bitter taste in our mouths – it is clear that repression, ideological vigilance, and constant human rights violations will be the tools to maintain control over diversity,” reflected Madrazo.

Violence against women, repeatedly left off the agenda

President Díaz-Canel’s call to “discuss the future” rang hollow for activists working for a future free of violence against women, particularly those fighting for a proposed law to criminalize gender-based violence. Violence against women and girls was left off the agenda of the Congress.

As of April 23rd, 16 women have been murdered in Cuba this year. Violence is also inflicted constantly against women activists in the form of persecution, deprivation of liberty, and threats. In response, a coalition of women’s groups on the island is demanding a comprehensive law on gender-based violence, formally petitioning the National Assembly to take up the issue on November 21st, 2019.

María Matienzo, a Cuban writer, was unsurprised by the Congress’ failure to address the situation of women and other vulnerable groups, explaining to Race and Equality that the Congress’ purpose was strictly ideological. Although President Díaz-Canel issued a presidential order on April 8th (International Women’s Day) creating a National Program for the Advancement of Women, Matienzo explained that “this is merely an ideological response from the Party to the demands we have been making for two years.”

Marriage equality delayed again

Marriage equality, an urgent demand from Cuban civil society and a right that must be enshrined for Cuba to fulfill its international obligations, was also left off the agenda. The 2019 Constitution, in defining marriage as a union “between persons,” opened the doors to marriage equality, but the government ultimately capitulated to anti-LGBT sentiment and removed the legalization of non-heteronormative marriage from the text. The government promised to implement marriage equality through the referendum process of the upcoming Family Code, but a year and a half later, no progress has been made on this front.

COVID-19

The COVID-19 situation in Cuba is highly concerning, even as the possibility of mass vaccination approaches with the trials of two vaccines developed on the island. On April 26th, health authorities counted 23,056 patients in hospitals for COVID-19. Of these, 5,466 were confirmed cases; 3,302 were suspected cases; and 14,288 were “under observation.” The pandemic, however, did not appear on the Congress’ agenda.

Repression

While the Congress unfolded, a series of repressive actions against independent activists, journalists, and artists was also underway. Between April 19th and 25th, the civil society organization Cubalex counted 25 cases in which activists and journalists were prevented from leaving their homes by the police. Cubalex also registered at least 15 detentions, principally against members of the San Isidro Movement and the Patriotic Union of Cuba (UNPACU).

According to Maria Matienzo, “The Party Congress maintains the machinery of terror. We all have to ask ourselves what will be the next incident of repression, if we will be detained, disappeared for hours at a time, or given arbitrary and unjust prison sentences. Since the Congress was announced, there has been a rise in violence and hate speech.”

It is concerning and disheartening to observe the Communist Party, Cuba’s highest authority, failing to heed the Cuban people’s demands. Race and Equality calls on the Cuban government to prioritize public policies that will respond to unmet basic needs and to end its repression against activists, human rights defenders, journalists, and artists.

Race and Equality also expresses our particular concern at the elevation of Humberto López, host and director of the Cuban television program Hacemos Cuba (We Make Cuba), to membership in the Party’s Central Committee. Under his direction, Hacemos Cuba has launched countless vicious attacks against those who criticize the government and demand respect for human rights.

Race and Equality is committed to the belief that respect for human rights is a necessary base for all societies and the first step towards a dignified and prosperous life for all. We will continue to support independent Cuban civil society organizations in their struggle for human rights and their work to ensure that Cuba’s human rights obligations are enshrined in national politics and society.

Cuba: activists demand an adequate response to the “silent pandemic” of gender-based violence

Washington, D.C., April 12, 2021.- On International Women’s Day 2021 (March 8th), the Cuban government published Presidential Decree 198/2021, which inaugurated the National Program for the Advancement of Women (known by its Spanish initials, PAM). According to the decree, the PAM “forms the cornerstone in the development of pro-women policies, while furthering the advancement and development of gender equality in Cuba and the institutionalization of this right.”

The decree comes as Cuban activists and civil organizations demand a law against gender-based violence in response to alarming levels of violence against women and girls on the island. So far in 2021, civil society organizations have documented 10 murders of women; civil society counted 32 women, including two girls, murdered in 2020.

Cuban women’s demands

On November 21, 2019, 40 women representing independent civil society submitted a petition to Cuba’s National Assembly requesting a law against gender-based violence, highlighting the following key points, among others:

  • Article 43 of Cuba’s new constitution (approved in 2019) requires the State to create institutional and legal mechanisms to protect women from gender-based violence.
  • The 2016 National Survey on Gender Equality found that partner violence is an issue for women across the country and that the majority of survivors do not seek justice or assistance from State institutions.
  • Cuba’s own National Report on the Implementation of the 2030 Agenda (presented in 2019) officially recognized ‘femicides’ as an official category of documentation and analysis.

The National Assembly, however, sent a response to the presenters of the petition on January 10, 2020, informing them that a law against gender-based violence would not be included on the next legislative calendar, which includes all potential bills and laws until 2028.

A campaign for equality

Despite the Assembly’s refusal to consider the matter, activism to fight gender-based violence is vibrant throughout Cuba. Several organizations have pushed the issue forward through Twitter, Facebook, and other online channels. The increasing availability of internet and mobile data in Cuba has allowed these women and other Cuban activists to fight for their rights. Denunciations of sexist violence grow more and more visible, as do activists’ demands.

Cuban civil society organizations emphasize that in the Americas, only Cuba and Haiti lack laws criminalizing femicide. On International Women’s Day 2021, as the government published the decree creating the PAM, women’s organizations published their own manifesto, entitled “Gender-based Violence: The Silent Pandemic,” which documents the various forms of violence facing Cuban women on a daily basis.

“Understanding violence as a personal issue facing individuals puts women into a situation of subordination to men and takes for granted historically unequal power relations between men and women, legitimating the maintenance of men’s domination over women,” the manifesto reads. “This prevents women from denouncing the violence they face due to feelings of fear, shame, or guilt.”

The need for a comprehensive law

Gender-based violence is rooted in the gender inequalities facing women and people with feminine gender identities. These inequalities are imbedded in cultural and social structures, relegating all those who do not fit a male and heterosexual ideal to second-class status. Direct, symbolic, and structural violence are all inflicted upon women, manifesting as physical, verbal, and psychological attacks along with denial of opportunities. Sexism and misogyny also manifest in violence committed against women for reasons of gender, presenting a specific and differentiated threat of femicide.

The Cuban government must act swiftly to approve a comprehensive law addressing gender-based violence. Having signed and ratified the International Convention on the Elimination of all forms of Discrimination against Women (CEDAW), Cuba is bound to advance legislation promoting gender equality. A law that criminalizes gender-based violence and promotes women’s enjoyment of their rights is a necessary step towards fulfilling Cuba’s commitment under the Convention.

Various international mechanisms have already recommended the passage of such a law. The UN Committee on the Elimination of all forms of Discrimination against Women, which oversees the implementation of the Convention, expressed concern at the levels of violence against women in Cuba and recommended a law outlawing gender-based violence, acknowledging that gender-based violence against women represents a serious form of discrimination in society.

The Inter-American Commission on Human Rights (IACHR) also recommended the creation of a legal framework to address women’s rights violations in its last country report on Cuba, including legal standards on discrimination against women. The IACHR also called on Cuba to sign and ratify the Inter-American Convention to Prevent, Sanction, and Eliminate Violence Against Women, known as the Convention of Belem do Para.

Race and Equality urges Cuba to use the creation of the National Program for the Advancement of Women (PAM) as a first step towards the creation of a comprehensive law on gender-based violence. Full implementation of the PAM should include the creation of trustworthy, disaggregated statistics so that Cuban policy can respond to women’s diverse and intersectional needs. With both the COVID-19 pandemic and the ‘silent pandemic’ of violence against women raging across Cuba, such policies will save many women’s lives.

Cuba must also formally recognize and criminalize all forms of violence against women. The end of impunity for these violations is a critical step to advancing women’s well-being. The tireless work of activists in Cuba has made violence against women a pressing issue at the national and international level. Race and Equality is proud to join this campaign and call for the passage of the proposed Comprehensive Law Against Gender-Based Violence.

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