Race and Equality denounces the situation of political prisoners in Cuba, Nicaragua, and Venezuela in the framework of the IX Summit of the Americas

Race and Equality denounces the situation of political prisoners in Cuba, Nicaragua, and Venezuela in the framework of the IX Summit of the Americas

Washington DC, June 2, 2022.- In the framework of the Summit of the Americas, the Latin American Human Rights Consortium – which is led by the Institute on Race, Equality and Human Rights (Race and Equality) – will hold the event “Jailed for what?: People imprisoned for political reasons in Cuba, Nicaragua and Venezuela”, whose objective is to generate a space for reflection and dialogue on the circumstances and conditions experienced by persons deprived of liberty in the exercise of their fundamental rights in those three countries.

The event, which will be hybrid, will take place on Wednesday, June 8, in the Orpheum A room of the Hotel Indigo, in Los Angeles (California), starting at 4:00 pm local time (5:00 pm Central America time and 7:00 pm Caracas and Havana time). It will also be broadcast on the Race and Equality Facebook page and YouTube channel.

Panelists include Uzra Zeya, Under Secretary for Civilian Security, Democracy and Human Rights of the United States; Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs; the Rapporteur on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón; and the Executive Director of Race and Equality, Carlos Quesada.

There will also be the participation of Victoria Cárdenas, Nicaraguan businesswoman and wife of the presidential candidate and political prisoner of the Ortega and Murillo regime, Juan Sebastián Chamorro; Anamely Ramos, Cuban artist and human rights defender; Munira Muñoz, lawyer and coordinator of the organization Foro Penal USA/Venezuela. The event will be moderated by David Álvarez Veloso, Coordinator of the Human Rights Consortium.

The situation of political prisoners in Cuba, Nicaragua, and Venezuela

The number of political prisoners in Cuba, Nicaragua and Venezuela continues to increase. These three countries are characterized by authoritarian governments that use laws to criminalize activities that promote and defend human rights, journalism, and political opposition.

Cuba

In Cuba, whose single-party system maintains tight control over society in all its spheres, there were 150 political prisoners until July 2021, but after the historic protests of July 11 and 12, the figure increased to more than 1,400. Among those detained there are at least 50 minors, of whom, as of March 2022, 20 have been prosecuted and sentenced to between 7 and 13 years in prison.

Nicaragua

In Nicaragua, the state and para-state repression of the peaceful demonstrations that began in April 2018 resulted in 355 fatalities, more than 2,000 people injured, and 1,614 arbitrary detentions.

The crisis has lasted for more than four years and, currently, more than 170 people are imprisoned for political reasons, without access to specialized medical attention in conditions that do not comply with the United Nations Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the Internal Law on Human Rights, that can be described as cruel, inhuman, degrading treatment, physical and psychological torture. This situation is especially critical for the 14 women political prisoners, 19 elderly people and people with chronic illnesses.

Venezuela

Since 2014, Venezuela has not been the exception to the deepening of the human rights crisis, after citizens came out to protest the economic situation and insecurity in the country. That year, the number of people detained for political reasons reached 3,708, while in 2017 there were 5,511 arrests for the same reasons. Currently, according to the Foro Penal organization, there are 239 people deprived of liberty for political reasons in this country.

Since 2014, at least 10 political prisoners have lost their lives and the Foro Penal organization has reported that prison conditions in the country are precarious and has registered cases of prisoners for political reasons who are held together with common prisoners.

When is a person a political prisoner?

In the field of international law, there is no definition or characterization of political prisoners. However, the existence of this problem in the region has made it possible to identify criteria to determine when a person has been deprived of liberty for political reasons, regardless of the country where they are registered.

These are some:

  • The person’s activities are linked to the exercise of freedom of expression, association or assembly, the political opposition, the defense of human rights and peaceful demonstrations.

The State carries out actions in order to consolidate or retain power, which result in human rights violations.

  • There is a use and articulation of State structures and institutions for the arbitrary deprivation of liberty of the person and their criminalization.
  • The context is characterized by single-party and authoritarian states, where democratic institutions do not exist…although there are cases recorded in contexts of countries with certain recognized democratic institutions.

Event information:  Jailed for what? People imprisoned for political reasons in Cuba, Nicaragua, and Venezuela.

Wednesday, June 8, 2022

4:00 PM Los Angeles | 5:00 PM Central America | 7:00 PM Caracas – Havana

Hotel Indigo – Los Angeles, Downtown | Orpheum Hall A

RSVP and virtual registration: https://bit.ly/3sVeJAw

Simultaneous interpretation SPANISH | ENGLISH | PORTUGUESE

Three years after 11M in Cuba: the demands of LGBTI+ people and the Family Code

Washington DC, May 11, 2022 – Today marks three years since the first march that the LGBTI+ population of Cuba organized independently of the National Center for Sex Education (Cenesex). The commemoration of this date occurs in the midst of sentences being given to the people who participated in the demonstrations of July 2021, the draft of the new Criminal Code, which could affect several LGBTI+ activists; and the Family Code, which speaks for the first time of same-sex marriage and adoption between same-sex couples, two demands of people with diverse sexual orientations and gender identities on the Island.

This latest reform that is being promoted by the Cuban government seems like a big step in the recognition of LGBTI+ rights in the country, however, this initiative will be submitted to a popular consultation to be approved; that is, two people of the same sex could form a family in Cuba only if the majority of the inhabitants of the archipelago approve it in a referendum that the Island’s authorities are organizing.

What happened on May 11, 2019 in Cuba?

That day, which is also known as 11M, a traditional conga (Cuban dance accompanied by drums) was going to be held in Havana against homophobia and transphobia, as part of a series of activities prior to the commemoration of the International Day against Homophobia, Transphobia and Biphobia, which takes place around the world every May 17. But, the official body that coordinates these activities, Cenesex , decided to cancel the demonstration at the last minute (as happened again today – this State entity canceled the conga that was scheduled to take place this afternoon), arguing that it could not be held because there were “new tensions in the international and regional context”, which caused great discomfort among the LGBTI+ movement in Cuba.

As a result of this, people with diverse sexual orientations and gender identities on the Island convened through social networks, and met, starting at 4:00 in the afternoon, in the Central Park of Havana. There they came from different parts and, from one moment to another and without a set course, they began to march. It was the first time that the LGBTI+ movement in Cuba demonstrated on its own, peacefully demanding their rights without the help of the Cuban government, which continues without guaranteeing full recognition of this population.

That day members of State Security blocked the demonstration, which included a kissathon (name given to the act in which several LGBTI+ people kiss in public as a sign of protest). Dozens of people who participated in the improvised conga were attacked and arbitrarily detained by the authorities.

“Despite the prohibition by the State and the repression of LGBTI activists and groups, nearly 300 people gathered and marched through Prado, calling for a diverse Cuba and shouting ‘yes it could’, alluding to the unjustified suspension of the traditional conga of diversity, the only physical and public space that the community had as part of the Cuban Days against Homophobia and Transphobia organized by Cenesex ”, says Jancel Moreno, coordinator of Dame la Mano, an LGBTI+ organization on the island.

According to various activists and organizations, May 11, 2019 marked a before and after in the struggle for the recognition of LGBTI+ rights. “It represents a cry, an act of rebellion that for some could even have been a moment of outburst, and for others it also meant a change in their lives due to the arrests. Without a doubt, it is a date to never forget, where LGBTI+ people decided to claim their rights before a State that until now has always discriminated against us”, says activist Yoelkis Torres, coordinator of the organization AfroAtenas .

What has happened since then?

“No rights have been obtained. Although the Family Code project that is awaiting the referendum includes several of the main demands of the community, it is not yet a reality and may not become so. The Code will be taken to a referendum in a country with a sexist and homophobic history that is even inherited by ‘the revolution,’” says Jancel, who also maintains that being an LGBTI+ person in Cuba means carrying stigmas and prejudices, in addition to not having support or legal guarantees. “Although progress has been made from the perception of society itself, there is still a lot to do,” they add.

Three years after 11M, the demands of LGBTI+ people in Cuba remain the same: that their rights be recognized. “There is an article in the Cuban Constitution that speaks about the principle of non-discrimination based on sexual orientation and gender identity, but it is as if it did not exist,” says Yoelkis, who affirms that the Family Code represents hope for this population, which has been the victim of attacks, threats and murders, despite the fact that there is no known official record that counts the violence they have suffered for years.

LGBTI+ people are waiting for the referendum on the Family Code to be held, which, if approved by the majority of the island’s inhabitants, would represent a huge step in the recognition of their rights. They would go from not having a law that protects them, to being able to form a diverse family with guarantees to avoid any type of discrimination and violence.

From Race and Equality we express our commitment to accompany the demands of people with diverse sexual orientations and gender identities in Cuba and we call on the government to listen to them, in accordance with its international obligations to respect and guarantee the human rights of all people, without any kind of discrimination. This is particularly relevant because we are two months away from commemorating another milestone on the Island – the peaceful protests of July 11 and 12, which, like the 11M march three years ago, were strongly repressed by the authorities. and resulted in the mass arrest of hundreds of protesters who today continue to be sentenced for exercising their right to freedom of expression. For this reason, we also call on the State of Cuba to observe international human rights standards and its actions that greatly affect the most vulnerable populations, such as LGBTI+.

8M-International Women’s Day: Recognize and protect women’s leadership from an intersectional perspective

Washington DC, March 8, 2022. – The fight of women for their rights has been tireless. Although Latin America is going through critical moments in terms of democracy, human rights and security, women remain firm in the process of denouncing the violence they face and advocating for structural changes. This International Women’s Day, the Institute on Race, Equality and Human Rights (Race and Equality) wants to draw attention to the importance of recognizing and protecting women’s leadership, and that this be done at all levels of society from an intersectional perspective.

We recognize that women’s life experiences are directly influenced by their gender, as well as other characteristics such as their race or ethnicity, their gender identity and expression, and the role they play in society. In this way, women human rights defenders, Afro-descendants, indigenous, lesbian, trans and women journalists, to name a few, face particular situations when exercising their leadership or their professions, which often threaten their integrity and put their lives at risk.

Below, we provide an overview of the specific problems faced by different groups of women in the region. At the same time, women from Nicaragua, Brazil, Colombia, Cuba, Peru, and the Dominican Republic offer their perspectives on how their activism and professional work are marked by the adverse contexts that prevail in their countries.

Defending Rights in a Dictatorship

Women have been active subjects and protagonists in the defense of human rights and in civic resistance since before the social unrest in Nicaragua in April 2018. In the current context, characterized by systematic state and parapolice violence, women defenders, activists, and journalists are targets of persecution, harassment, siege, threats, and deprivation of liberty. These attacks expose them to even greater risks because of their gender.

According to records from the Nicaraguan Initiative of Human Rights Defenders (IND) and the Autonomous Women’s Movement (MAM), since the beginning of the crisis in April 2018, at least 109 women defenders and activists have been arbitrarily detained, and there have been more 4,000 attacks on defenders. On the other hand, at least 12 released women have reported having been victims of some type of rape, among other attacks; and 13 women (5 of them older adults) continue to be deprived of liberty for political reasons and without adequate medical care in detention centers.

The President of the Nicaraguan Center for Human Rights (CENIDH), Vilma Núñez de Escorcia, affirms that, historically, women political prisoners have suffered serious differentiated aggressions within detention centers. She recalls that, as a political prisoner of the Somoza dictatorship, her greatest fear was that “she would be transferred to the Somoza State Security Directorate, where there was a history of sexual violations of political prisoners.” Now, she denounces that the government of Ortega and Murillo, through “perverse police officers” subjects women political prisoners to isolation, incommunicado detention, prolonged interrogations, and other forms of psychological and physical torture. She cites the cases of Suyén Barahona, Tamara Dávila, Dora María Téllez, and Ana Margarita Vijil, who have spent almost 9 months in isolation cells.

Ana Lucía Álvarez, who is a human rights defender and a relative of three political prisoners, explains that women defenders are victims of sexualized attacks such as touching, nudity, sexual torture, network dismantling, among others. Likewise, she denounces that “in one of the trials of a political prisoner, the prosecutor’s narrative was related to whether she had a partner, whether she had had sexual relations with this or that person. These are narratives that do not appear in the trials of men who are political prisoners but do appear in the trials of women who are being prosecuted and criminalized,” she concludes.

Fighting and Surviving Transphobia 

In Brazil, where civil society organizations constantly denounce the wave of violence against human rights defenders, in addition to being the country with the most murders of trans people in the world, trans women who hold public office face hate speech and lack of State protection every day. “In the 2020 elections, some 30 trans/transvestite women were elected and in the exercise of their mandates their lives are threatened, which demonstrates and justifies that we are (…) in dispute over the social project,” says Ariela Nascimento, a trans woman and parliamentary adviser to Councilwoman Benny Briolly (Niterói-RJ), who is also a trans woman.

Ludymilla Santiago, a trans leader for more than 13 years who raises her voice for women’s rights from a non-binary and inclusion perspective, points out that the issue of identity is very important for trans women and that the discourse on being a woman goes far beyond current social impositions. “We must evolve and make this diversity more and more represented to break the patriarchal hegemony,” she says.

Confronting Violence and Racism

The armed conflict in Colombia—whose greatest impact has been in areas with Afro-descendant populations—has differentially affected Afro-descendant women in the country. Among the main effects is sexual violence. According to figures from the Single Registry of Victims, 20% of all women victims of sexual violence are Afro-descendants. Luz Marina Becerra, representative of the Coordination of Displaced Afro-Colombian Women in Resistance La COMADRE, emphasizes the gaps of inequality, racism and discrimination that black, Afro-Colombian, Raizal, and Palenquera women have to face, thus making it impossible to effectively enjoy their rights.

The COMADRE has been requesting the State to comply with Resolution No. 2016-244846 for 5 years now, through which its registration in the RUV was ordered and it was recognized as an ethnic subject of collective reparation under the terms of Decree Law 4635 of 2011. However, after 5 years and numerous requests to start with this route through prior consultation, they have been denied by different state agencies, ignoring their fundamental rights.

Practicing Journalism to Resist Censorship and Violence

According to the Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur on Freedom of Expression, Cuba is the country in Latin America with the fewest guarantees for the exercise of freedom of expression and, therefore, freedom of the press. The independent press on the Island constantly faces government censorship, harassment, and repression and, in the midst of this reality, women journalists suffer different impacts.

In the “Paper Democracy” report, the organization Article 19 reports “systematic and generalized attacks that are implemented to suffocate journalism.” It details that, during 2019, they documented that a journalist on average could be attacked up to five times in a year, but in 2020 the average increased to six times and, in 2021, it rose to eight times. And in the case of women, this situation is aggravated, since on average a journalist was attacked eight times a year in 2020 and up to 11 in the first half of 2021.

On repeated occasions, the journalist María Matienzo has been the target of interrogations, harassment, and smear campaigns on social networks in which her gender and gender expression are the focus of attack. She considers that practicing journalism in such an adverse context does not make her an activist, but she is clear that this profession forces her to cross the borders of writing and ends up accompanying other women who have suffered violence. “Hopefully saying what you think in the midst of so much adversity is some kind of leadership because sometimes we have no choice but to disagree if we want to live with some dignity,” she says.

Advocating for Equality

In Peru, lesbian women are joining forces to achieve the adoption of policies in favor of their rights to equality and non-discrimination. In the recent CEDAW Committee review of the State, a coalition called #LesbianasCEDAW advocated for this body to make specific recommendations on their rights, based on the main problems they face. One of their demands is to strengthen and implement the comprehensive sex education policy that recognizes lesbian children and adolescents as subjects of rights, in order to prevent and address all forms of violence.

Likewise, they demand that the Congress of the Republic modify article 234 of the Civil Code through the approval of legislative initiative 525/2021-CR, a bill on same-sex marriage, and that the National Registry of Identification and Civil Status (RENIEC) apply article 2050 of the Civil Code, which establishes the recognition of rights acquired abroad; the latter due to the non-recognition of the marriages of lesbian women who marry outside the country and of their children.

“In the Peruvian case, feminist lesbians have contributed to expanding the essential content of the right to equality and non-discrimination to incorporate the prohibition of discrimination based on sexual orientation and gender identity. Likewise, to understand that lesbians and women in general do not want to be equal to men, but rather we think about equality considering differences and access to freedoms, rights, goods, and power,” says María Ysabel Cedano García, a Quechua lesbian feminist socialist.

Accompanying Discriminated Migrant Women

In recent months, the Government of the Dominican Republic has been criticized for the application of a measure that consists of deporting pregnant Haitian women. To date, some media reports the deportation of between 200 and 300 women in this condition. This situation has become a new cause of concern for the Dominican-Haitian Women’s Movement (MUDHA).

In this sense, Jenny Morón, from the Legal Department of said organization, shares that she feels privileged to have the opportunity to raise her voice on behalf of other migrant women who suffer this and other types of violence. “When I speak for women, I speak for my generation, for my offspring, I think I am building a foundation for my daughter and granddaughters to live in a world that is less discriminatory and more equal,” she affirms.

This International Women’s Day, from Race and Equality, we express our utmost admiration and respect for the work carried out by thousands of women for the recognition and guarantee of their rights. We will continue accompanying them. We also call on States to adopt laws and policies that protect their activism and professions in line with international human rights standards and, in addition, respond to their demands; all this taking into account that women are diverse and that their life experiences are marked by their characteristics and the roles they play in society. We ask the human rights systems to be protagonists in the development of national and regional standards for the protection of women, offer technical assistance to States for the adoption and implementation of the same, and recognize the diverse and intersectional identities of women.

Cuba: IACHR Grants Precautionary Measures to Independent Journalist Héctor Valdés Cocho and Human Rights Defender Raúl Soublett López

Washington D.C., December 3, 2021. – The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures to independent journalist Héctor Valdés Cocho and his partner Raúl Soublett López, LGBTI+ rights and human rights defender, in response to a request from the Institute on Race, Equality and Human Rights (Race and Equality). Based on the documentation presented by Race and Equality, the Commission determined that both are in a situation of serious and urgent risk of irreparable harm to their rights in Cuba.

The IACHR requests that the Cuban government abide by Resolution 100/2021 and adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries and allow them to carry out their activities without threats of violence, intimidation, and harassment. Furthermore, it requests that the Government agree upon the measures to be adopted with the beneficiaries and their representatives, and report – within 15 days – on the steps taken to investigate the alleged facts which led to the adoption of these precautionary measures in order to avoid their repetition.

Alleged Facts

The information presented by Race and Equality to the IACHR recounts the constant rights violations experienced by the beneficiaries in past few years, which include police barricade of their home, interrogations, threats and detentions in the framework of their activities as journalist and human rights defender, respectively. In both cases, the rights violations come just as frequently from authority figures as they do from anonymous individuals through social media.

As of this past October, Valdés Cocho has been arrested eight times. During one of those arrests, which occurred while he was returning home on October 30th, he was intercepted by State Security agents who then took him to Villa Marista and forced him to undress on the grounds of conducting a search. He stayed there that night and was interrogated two times. Later, on November 12th, he was a target of repudiation, and on November 15th – a day which civil society marked as the Civil March for Change – State Security agents were assigned to watch his house and prevent him and his partner from leaving.

In Soublett López’s case, the information indicates that he has been the victim of harassment by State Security since 2018, when agents began confronting and threatening him regarding his activism by saying that his activity could affect his work and his studies and that he could be jailed. At the start of his relationship with Valdés Cocho in October 2020, the threats intensified and he has since been interrogated on various occasions. One of the interrogations occurred on the 18th of June at the Municipal Directorate of Education, where he was intimidated and threatened with prosecution for his activism against racism, and on LBGTI+ issues and gender-based violence.

“It is really important for us that the IACHR, following the request from Race and Equality, has granted precautionary measures, since it is a protection against harassment, all the violence which the State has exercised against us for our activism to promote and defend human rights and professions”, said the beneficiaries.

Discrimination and Censure

In its analysis of elements which constitute serious, urgent, and irreparable harm to rights, the IACHR notes the hostile and censorious environment in which independent journalists work on the Island. Journalists encounter various forms of repression, such as the requirement of official membership to practice journalism; threats, citations, and interrogations with the intent to intimidate; arbitrary detentions; raids and seizure of journalistic equipment or other property; dismissals and loss of authorizations to practice their profession or other economic activities; threats and pressure to family members, social circles, and defamation; and impeding travel and other arbitrary restrictions regarding the right to free movement.

The Commission also highlights the particular form of violence, discrimination and restrictions regarding the rights to gather, association, and freedom of expression which members of the LGBTI+ community and human rights defenders whose work relates to sexual orientation and gender identification suffer. “The Commission, in particular, observes that the intersection between discrimination for reasons of ethnic-racial origin, diverse sexual orientation, and gender identity would disproportionately affect the Afro-Cuban LGBTI community,” it said.

Race and Equality urges the Cuban State to adopt the precautionary measures granted by the IACHR in favor of Héctor Valdés Cocho and Raúl Soublett López, and to allow them and all independent journalists and human rights defenders to pursue their work without the threat of discrimination, violence, and detentions, in accordance with their international obligations concerning human rights.

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.

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