Statement on the Occasion of the Resolution to be Voted on by the UN Human Rights Council: “Promoting and Protecting Human Rights in Nicaragua”

Statement on the Occasion of the Resolution to be Voted on by the UN Human Rights Council: “Promoting and Protecting Human Rights in Nicaragua”

June 12, 2020 – We, the undersigned civil society organizations, wish to express our alarm to the UN Human Rights Council regarding the continuing repression in Nicaragua, rapid deterioration of the situation due to the spread of COVID-19, absence of a response from the State, and reluctance of the State to respond to the calls made by the High Commissioner for Human Rights, Michelle Bachelet, in compliance with the Resolution “Promoting and Protecting Human Rights in Nicaragua” (A/HRC/40/L.8).

In light of the foregoing, a new Resolution (A/HRC/43/L.35) was proposed during the 43rd Session of the Human Rights Council, a session that was suspended due to the situation posed by COVID-19 and is set to resume on June 14 with a vote on said proposal scheduled as one of the points on the agenda. Within this context, we, the undersigned organizations, call on the Member States of the Human Rights Council, and in particular the Latin American and Caribbean States, to adopt a principled stance and actively support the adoption of said Resolution, taking the following into consideration:

  1. Continuing denunciations of grave human rights violations since April 2018

Even during the COVID-19 health emergency, repressive methods continue to be systematically employed in Nicaragua – such as harassment, arbitrary detention, and disproportionate use of force – especially against released political prisoners, human rights defenders, indigenous people, Afro-descendants, women, relatives of victims of repression, and citizens exercising their right to dissent.

  1. Restrictions to the civic space and repression of dissent in Nicaragua

Within the context of the pandemic, the highest levels of government have not responded to the proposals put forward by civil society, human rights defenders, community leaders, and religious regarding the implementation of social distancing and isolation to prevent the spread of the novel coronavirus.  On the contrary, there have been reports of reprisals, threats, and layoffs of physicians who have demanded that the government implement measures for confronting COVID-19 and publicly described the situation being experienced by public hospitals.

  1. Lack of respect of the rights to freedom of peaceful assembly, association, and expression

Within the context of the second anniversary of the April 2018 protests, several citizens were strongly subdued by the police, especially on Ometepe Island and in the city of Masaya.  At least 11 people were arrested and sent to trial under accusations of drug trafficking, illegal possession of firearms, frustrated homicide, and damages.  In addition, while the Executive Branch encourages participation in massive events in public spaces in the middle of a health crisis, the police restriction against exercising the right to protest continues in force.

  1. Arbitrary detention and imprisonment used to repress dissent

Nor has the government responded to the call issued by the international community to release arbitrarily detained persons.  There were 86 political prisoners through the month of May, according to the Civic Alliance for Justice and Democracy.  These people are criminalized for their opposition to the government and their work denouncing and protecting human rights.   On May 13, though the government released 2,815 common criminals who had been under house arrest, none were political prisoners.  The relatives of

jailed opponents fear that an outbreak of COVID-19 would be deadly within the National Penitentiary System, where, according to relatives of political prisoners, there are more than 30 prisoners presenting COVID-19 symptoms.

  1. Lack of guarantees for a safe and favorable environment for human rights defenders and journalists

Despite the communications sent by various Special Procedures mandates, to date the legal status of nine non-governmental organizations that were closed arbitrarily in December 2018 has not been reinstated, and their assets continue being occupied by the police.  Human rights defenders continue working despite reprisals, under prohibitions and accusations of being terrorists.  The media outlets Confidencial  and 100% Noticias continue unable to broadcast on open television, with their offices and work equipment being illegally occupied for nearly a year.  The authorities continue to employ stigmatizing discourse against journalists and opponents, such as the newly published “Libro blanco” [Nicaragua White Book against the COVID-19 Pandemic: A Singular Strategy].

  1. Lack of guarantees of independence and impartiality in the justice system

With the latest arbitrary detentions and start of new irregular trials of citizens in the opposition, it is clear that the judicial system continues to be coopted by the governing political party and remains an essential element of impunity in human rights violations.  Recently, one of the judges who prosecuted tens of protesters in trials lacking in guarantees and due process, Edgar Altamirano, was promoted by the Supreme Court of Justice to serve as a judge on the Court of Appeals of Granada.

  1. Need to adopt a comprehensive plan of action for inclusive victim-centered accountability

To date, the initiatives undertaken last year by the Nicaraguan government aimed at accountability have not been implemented in an inclusive manner that is focused on the victims and survivors of the deadly violence that has transpired since April 2018.  The Amnesty Law was unilaterally adopted by the authorities and perpetuates impunity, while the Law on Comprehensive Attention for Victims does not include the right of the victims to file appeals before judicial authorities and designates persons opposing the government as being the authors of a failed coup d’état rather than the victims of repression.

It has not provided an explanation for more than 300 assassinations that occurred in 2018 or prosecuted the material and intellectual authors of those crimes, as stated in the OHCHR’s report “Human Rights Violations and Abuses Within the Context of the Protests in Nicaragua.”  This has prevented access to truth, justice, and reparations from being guaranteed.

  1. Lack of cooperation with the Office of the High Commissioner, mechanisms of the Human Rights Council and bodies created by virtue of competent treaties, as well as the Organization of American States and IACHR

The government has not restarted its cooperation with international human rights bodies and their mechanisms, nor has it responded to communications from the Special Procedures since November 2018.  It has even refused to report on the situation of the pandemic through international health regulations and presented statistical information irregularly.  This has prevented the representatives of the Pan-American Health Organization (PAHO) from being able to access hospitals and detailed information regarding persons who are infected, being monitored, or dead.

  1. Continuing acts of intimidation or reprisal against those who cooperate or attempt to cooperate with international and regional bodies

The last report on reprisals produced by the OHCHR documented at least 23 cases of harassment and persecution of persons who normally share information on human rights violations in Nicaragua.  One of the most emblematic cases was that of Amaya Coppens, who was arrested in December 2019 together with a group of 15 people who were bringing water to mothers of political prisoners on a hunger strike.  Three months prior, Coppens had gone before the Human Rights Council to denounce human rights violations in her country.

  1. Reluctance to restart the National Dialogue

The government has ruled out participating in a Dialogue Roundtable in the future and additionally has shown no willingness to comply with the roadmap that had been approved in the previous Dialogue initiated in February 2019.  While the Nicaraguan Assembly approved Law 985 in January of this year – whose objective is to “establish the general legal framework for guaranteeing a culture of dialogue” – this law does not address the multiple human rights violations that have occurred since April 2018, nor does it view members of the opposition or human rights defenders as being subjects of dialogue.

  1. Lack of implementation of legal and institutional reforms that guarantee free, fair, transparent, and trustworthy elections

During this pre-election year, there has been no implementation, discussion, or initiation of negotiations regarding electoral reforms, even though in early 2020 the National Assembly placed this matter on its agenda.  Despite the fact that tens of social organizations joined forces to develop a proposal for electoral reform in December 2019, the authorities provided no response to it.  In light of the fact that elections are set to take place in 2021, it is essential that said reforms be taken up anew and that many political and social sectors reach consensus on them with support from the Organization of American States.

  1. Other concerning matters

The situation on the Caribbean side of Nicaragua is concerning, given that Afro and indigenous communities have historically experienced discrimination, been the victims of acts of violence, and had their territories invaded with the acquiescence and/or cooperation of State authorities.  Within the context of COVID-19, access to health services is limited, there is a shortage of medicine, and a lack of healthcare personnel with the necessary training for confronting COVID-19.

In addition, since 2018 100,000 people have been forced to leave Nicaragua, primarily going to Costa Rica, without to date the existence of guarantees for their quick and safe return.  There is a risk that this figure will increase if the situation continues to deteriorate.

We, the signatories of the present statement, ask the Missions comprising the UN Human Rights Council to co-sponsor and approve this new Resolution, bearing in mind that it fulfills the “objective criteria for action by the Council,” those criteria that are considered when deciding if the Council should “engage with a State to prevent, respond to, or address violations and to help reduce the escalation of a concerning situation.”  This Resolution will enable the Office of the United Nations High Commissioner for Human Rights, together with the international community, to continue monitoring the grave situation of human rights in Nicaragua, and reinforces their prevention role in the face of the rapid deterioration of the national situation.

Signatories:

  • International Institute on Race, Equality, and Human Rights (Race and Equality)
  • International Service for Human Rights (ISHR)
  • Due Process of Law Foundation (DPLF)
  • Center for Justice and International Law (CEJIL)
  • Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
  • Just Associates (JASS Mesoamerica)
  • Centro de Asistencia Legal a Pueblos Indígenas (CALPI)
  • Plataforma Internacional contra la Impunidad
  • Fondo de Acción Urgente para América Latina y el Caribe
  • Centro Nicaragüense de Derechos Humanos (CENIDH)
  • Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua (CEJUDHCAN)
  • Colectivo de Derechos Humanos Nicaragua Nunca +
  • Asociación Madres de Abril (AMA)
  • Mesa Nacional LGBTIQ+ Nicaragua
  • Movimiento Autónomo de Mujeres (MAM)
  • Fundación Violeta Barrios de Chamorro
  • Instituto de Liderazgo de Las Segovias
  • Iniciativa Nicaragüense de Defensoras de Derechos Humanos (IN-Defensoras)
  • Fundación Puntos de Encuentro
  • Grupo Lésbico feminista Artemisa
  • Colectivo de Mujeres 8 de marzo
  • Centro de Información y Servicios de Asesoría en Salud (CISAS)
  • Unidad de Defensa Jurídica (UDJ)
  • 100% Noticias
  • Radio Darío
  • Gobierno Comunal Creole de Bluefields
  • Organización de Mujeres Afrodescendiente de Nicaragua (OMAN)
  • Unidad de Protección a Defensoras y Defensores de Derechos Humanos de Guatemala
  • Mujeres en Acción Costa Rica
  • Concertación Interamericana de Derechos Humanos de las Mujeres
  • Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres (CLADEM)
  • CLADEM Bolivia
  • CLADEM Argentina
  • Articulação de Mulheres Brasileiras AMB
  • Mujeres en Acción Costa Rica
  • Red Juvenil Centroamericana Previos
  • Asociación Juvenil Decide
  • Articulación Feminista Marcosur

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

– Provide trainings to State officials on these issues.

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

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

On World Press Freedom Day, Nicaraguan journalists share the challenges they face

Washington D.C., May 4th, 2020. To commemorate World Press Freedom Day, the International Institute on Race, Equality and Human Rights (Race and Equality) spoke to four leaders in Nicaraguan journalism and media about the state of independent journalism in their country, which has been immersed in a serious human rights crisis since 2018.

The journalists agreed that the independent press continues to withstand attacks by the authorities, including the murder of the journalist Ángel Gahona, the destruction or occupation of newsrooms, physical attacks, threats, intimidation, forced exile, censorship, theft of equipment and the imprisonment of journalists.

“The work of informing, investigating and communicating is under harassment and assault from the government,” says Patricia Orozco, director of the Onda Local radio program. Authorities raided the offices from which the program was produced in December 2018, when the National Assembly canceled the legal status of its partner organization. But despite difficult circumstances, journalists continue to report.

“Journalists and communicators carry out our work under high levels of pressure, risk and threats. Much of the media and many social communicators work from exile. The media that still continues to operate in Nicaragua, which is the case of Onda Local, does so under threats and serious financial limitations,” Orozco explains.

On the other hand, media outlets 100% Noticias and Confidencial, which were arbitrarily raided a year and a half ago, continue to be occupied by the Police. Lucía Pineda, head of press for 100% Noticias, who was previously imprisoned for six months in retaliation for her journalism, points out that if there are “police officers in newsrooms, where journalists must be present, that is proof that the freedom of press is under attack”.

Carlos Fernando Chamorro, director of Confidencial, agrees that “in Nicaragua, journalism is carried out under the risk of physical aggression, assault, and harassment by police and paramilitaries, in conditions of censorship.” He explains that throughout the two years of crisis, “the resistance of the press has rested on the courage of the reporters and their professional, ethical and political commitment, with adherence to the truth at any cost.”

 Aníbal Toruño, director of Radio Darío, a station that was attacked and burned by para-state groups in April 2018, told Race and Equality that the station has been constrained ever since. “The harassment has not changed. The dictatorship has reinvented itself and now uses journalists’ desire to search for information to accuse them or to invent charges against them or to put pressure on the independent media and accuse them of destabilizing the government.”

The Violeta Barrios de Chamorro Foundation, which defends freedom of expression and access to public information in Nicaragua, has documented more than 2,000 attacks on press freedom in the last two years.

In the context of COVID-19

COVID-19 has posed another great challenge for the independent press, as both journalists and the general population have seen their access to truthful and transparent information denied.

“During the coronavirus pandemic, control over public information has been even more centralized,” says Carlos Fernando Chamorro. The Ministry of Health’s press conferences are closed to independent media and the international press, meaning that “only the official media and those belonging to the inner circle of the presidential family can attend.”

Patricia Orozco adds that in a context of widespread disinformation “many citizens report on what is happening in their localities themselves, which in many cases is taken up by independent media.”

For Lucía Pineda, Nicaragua’s Executive “minimizes the pandemic, its impact, its repercussions, and tries to disqualify the work of journalists…the regime takes the alerts and warnings made by health professionals in interviews with independent journalists as a “coup d’état” or as “fake news”.

Along the same lines, Aníbal Toruño highlights that journalists are “in a daily struggle to be able to provide the nation with truthful information, with credible sources, and in the fight to make up for the enormous battles taking place on social networks when they generate news that distorts what is happening in the country.”

Future prospects

Among the journalists interviewed by Race and Equality, despite the attacks on the press, there is a commitment to continue reporting and to do so with the highest standards. Confidencial and 100% Noticias, now broadcasting through social networks since their facilities are still occupied, are using methods familiar to most independent media: spreading their content on YouTube and Facebook to defy television censorship. Meanwhile, radio programs struggle day by day to continue producing quality content that can in turn be broadcast in other communities throughout the country.

Aníbal Toruño, who is currently undergoing quarantine at the Radio Darío offices together with his team, assures that they will continue “building truth and journalism, [even though] it is extremely difficult in the conditions we live in.”

As Lucía Pineda shares: “My commitment remains firm: reporting so that people can make their care decisions in the midst of this pandemic. To keep informing, because keeping silent would make me lose the fight to defend press freedom. The best fight for press freedom is to keep reporting.”

Statement

Race and Equality exhorts the State of Nicaragua to create an enabling environment for freedom of expression and of the press, including the restitution of property owned by Confidencial and 100% Noticias, security guarantees for the practice of independent journalism, and the necessary conditions for independent journalists to broadcast legitimate expressions of dissent, which are fundamental to life in a democracy, on television.

Cover photo: Radialistas

Two Years of Crisis in Nicaragua: Impunity and Persistence of Human Rights Violations in a Country Now Confronting COVID-19

Washington, DC, April 17, 2020 – This April marks two years of a human rights crisis in Nicaragua, a watershed moment in the recent history of this Central American country, where grave human rights violations persist to this day with consequences for the lives, physical integrity, and individual freedom of Nicaraguans, especially those who defend human rights and express their political opinions or perform independent journalism, and an opposition that confronts wrongful restrictions imposed by the regime on the exercise of their political rights.

In the 24 months since that April 18th that began a peaceful rebellion, and in the face of no responses forthcoming from the State, the three basic demands of the citizenry remain in effect: freedom for political prisoners and the reestablishment of Constitutional freedoms, rights, and guarantees; justice for the victims of repression [and] guarantees of reparations and no repetition; and democracy for the country.

To date, selective repression continues in Nicaragua, with impunity persisting for those responsible for the human rights violations, some of which the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) of the Inter-American Commission on Human Rights (IACHR) warned might constitute crimes against humanity.  There continue to be some 61 citizens detained in the country’s jails for political motives and the arrests continue to transpire, with the most recent being of former prisoners and organized university students.

On the Caribbean side of Nicaragua, more than 800 indigenous people have been forcibly displaced from their communities, representing the occupation by settlers of at least 23,243 hectares of cultivated land, according to the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN).

Freedom of the press has also been restricted.  Since 2018, the Violeta Barrios de Chamorro Foundation has reported more than 2,000 violations of freedom of the press; notwithstanding, journalists continue reporting despite the official restrictions.  The media outlets Confidencial and 100% Noticias continue to be sequestered by the police, without the ability to transmit on open television.  Nonetheless, this period has given rise to 21 new digital platforms and the trade union Independent Journalists and Communicators (PCIN, for its initials in Spanish).

For women, the risk of being victims of violence continues to lurk: 63 femicides were recorded in 2019 and 18 have been documented thus far in 2020.  Female human rights defenders continue to be victims of assaults, while female former prisoners are persecuted and threatened by parastatal groups, as in the case of Tania Muñoz from Masaya and Nelly Roque from Matagalpa.

Within the context of the COVID-19 pandemic, the panorama is disheartening for Nicaragua.  One month after announcing the first case of the illness produced by the coronavirus, the government has not taken urgent measures to combat its propagation, including the basic measures recommended by the World Health Organization (WHO) and the Pan-American Health Organization (PAHO), demonstrating serious deficiencies in its ability to protect its citizenry’s rights to health and life.

State actions related to health in 2018, when it blocked access to medical centers and hospitals for citizenry in the opposition, generates serious fears for the citizenry in terms of the response the public health system will deliver.

As of April 17th, Nicaragua has confirmed nine coronavirus cases and one death, a figure that generates distrust among experts, because in addition to it being the lowest in Central America, the authorities do not inform about the number of tests being administered on a daily basis, nor do they provide transparent information regarding the contagion and persons under observation.  It is additionally worrisome that the government has not adopted a specific plan for the Caribbean coast, where the healthcare services are difficult to access and the majority of the communities lack potable water.

Race and Equality has accompanied the Nicaraguan people and Nicaraguan civil society organizations over the course of these two years by facilitating communication spaces between them and the Inter-American System and universal human rights system.  One of the most recurrent demands expressed in these spaces has been for victims and their relatives to have access to truth, justice, reparations, and guarantees of no repetition that the State has the obligation to provide for them.

We continue to be committed to echoing their demands and we call on the international community to continue paying rightful attention to Nicaraguans’ situation.

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

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

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

Violence against the trans community in Latin America

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

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

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

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

Gender Identity

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

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

Trans people during the pandemic

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

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

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

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

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

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

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

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

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

March 21: International Day for the Elimination of Racial Discrimination

Message from Carlos Quesada, executive director of Race and Equality

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

[5] See www.antrabrasil.org.

High Commissioner Michelle Bachelet updates the Human Rights Council on the situation in Nicaragua

Geneva, February 27th, 2020. During the 43rd period of sessions of the United Nations Human Rights Council, High Commissioner for Human Rights Michelle Bachelet updated the Member States on the situation in Nicaragua, which has suffered a human rights crisis since April 2018, assuring them that repression continues from various fronts.

“Since the presentation of my last report in September 2019, human rights violations have not ceased, within the framework of an extremely complex political and social context,” the High Commissioner stated.

The High Commissioner highlighted the lack of guarantees for the safe return of more than 98,000 Nicaraguans who have left the country; the persistence of threats and intimidation against victims’ organizations and their lawyers; violations of the right to peaceful protest and the rights to freedom of opinion and expression; threats and physical attacks against journalists; arbitrary detentions and the situation of 61 political prisoners; and the recent homicides in rural communities in northern Nicaragua and in indigenous communities in the Caribbean region.

The High Commissioner also noted with regret that nine civil society organizations remain without legal status, the government having cancelled their registrations in December 2018.

In her oral report, the High Commissioner urged the Government of Nicaragua to release those who remain deprived of liberty for reasons related to protests, to guarantee safe conditions for human rights defenders to carry out their work freely and to take all the necessary measures to guarantee the free exercise of journalism.

Finally, the High Commissioner encouraged the Government to implement the recommendations made by her Office and other international and regional mechanisms with urgency. In particular, she reiterated the recommendation to allow the OHCHR to revive its country mission in Nicaragua.

This update concludes the High Commissioner’s mandate for Nicaragua, which had been granted for only one year on March 21st, 2019 by the Human Rights Council under resolution (A / HRC / 40 / L.8) “Promotion and protection of human rights in Nicaragua.”

The Nicaraguan delegation that traveled to Geneva to participate in the 43rd period of sessions of the UN Human Rights Council has held meetings with several diplomatic missions, urging the adoption of a new resolution on Nicaragua to renew the mandate of the High Commissioner.

This delegation is composed of students, former political prisoners, human rights defenders and members of the Nicaraguan Center for Human Rights (CENIDH), Nicaragua Never Again Collective, Association of Mothers of April (AMA) and the Articulation of Social Movements (AMS).

This morning in Geneva, Nicaraguans Vilma Núñez, Dilon Zeledón Ramos and Lizeth Dávila held a conversation on the human rights situation in Nicaragua with First Vice President of the Inter-American Commission on Human Rights Joel Hernández and United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Clément Voulé,. The event was organized by the Institute on Race, Equality and Human Rights (Race and Equality), the Center for Justice and International Law (CEJIL) and Civicus, and co-sponsored by the International Federation of Human Rights and the Initiative Mesoamerican Defenders (IM-Defensoras).

Rapporteur Clément Voulé said he had “strong reasons to believe that alarming restrictions to the right of peaceful assembly continue through the violent repression of peaceful protest and an array of measures preventing peaceful assemblies from taking place.” He also reiterated to the Nicaraguan state his willingness to visit the country and to “provide technical support for the country to adhere to the rule of law, democracy and the protection of human rights.”

IACHR Vice President Joel Hernández regretted that a vicious circle of human rights violations is intensifying due to the lack of judicial independence. “Measures for reparation, justice and non-repetition must be given immediately to begin to emerge from this crisis, otherwise we will continue immersed in this vicious circle,” he stated.

Participants also called on permanent missions in Geneva and civil society organizations to keep the theme of Nicaragua on the agenda of the Human Rights Council.

#ONUporNicaragua: Race and Equality calls for the renewal of the mandate of High Commissioner Michelle Bachelet for Nicaragua

February 21st, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) recently launched the #ONUporNicaragua campaign to ask the UN Human Rights Council to renew resolution A/HRC/40/L.8, “Promotion and protection of human rights in Nicaragua,” originally adopted on March 21st, 2019 for a one-year period. This resolution expressed concern about the allegations of serious human rights violations committed in Nicaragua since April 2018 and increasing restrictions on civic space and expressions of dissent. The Resolution urged the Nicaraguan government to respect the human rights of its citizens, to return to the National Dialogue with protestors and other elements of civil society, and to resume cooperation with international organizations, including the Office of the High Commissioner for Human Rights (OHCHR), the Inter-American Commission on Human Rights (IACHR), and the Organization of American States (OAS).

The core of the resolution is the mandate given to High Commissioner Michelle Bachelet to prepare periodic reports on the situation in Nicaragua and present them to the Human Rights Council. Thus, in July 2019, Deputy High Commissioner Kate Gilmore presented an oral report, and in September 2019, High Commissioner Bachelet released a detailed written report on the progress of the situation of Nicaragua, including recommendations to the State of Nicaragua. The next oral update will take place on February 27th, during the 43rd session of the Human Rights Council.

Race and Equality considers the renewal of this mandate to be of the utmost importance, as it will allow the human rights violations which continue to occur in Nicaragua to be exposed and discussed at the UN Human Rights Council. As a result, the Council can continue to propose solutions and echo the demands of the Nicaraguan people: truth, justice and reparation for the victims of repression.

These images show the importance of the renewal of the OHCHR mandate in the words of Nicaraguans:

91 political prisoners are released in Nicaragua, but harassment continues

Washington DC, January 9, 2020. On December 30th, the Nicaraguan government released 91 political prisoners who had been detained in prisons across the country for anywhere from two to eighteen months. Among the released were sixteen activists arrested for bringing water to a group of prisoners’ mothers who were staging a hunger strike to demand the release of their children.

The move was announced as pressure grows in Nicaragua and internationally for the liberation of political prisoners. The government allowed the International Committee of the Red Cross, the Office of the Nicaraguan Human Rights Ombudsman and the Apostolic Nuncio of Nicaragua, Waldemar Sommertag, to take part in the process.

Political prisoners were transferred to their homes and placed under house arrest, according to the Nicaraguan authorities. As a result, they still have judicial proceedings pending against them and restrictions on their movement.

The 16 activists known as the “water carriers” denounced on Wednesday that their judicial process was “completely irregular and marked by a series of restrictions which make it very clear that we continue to be treated as guilty, although we have not been judged.” Their trial is scheduled for January 30.

According to data from the Nicaraguan Center for Human Rights (CENIDH, by its Spanish acronym), among the 91 released, there are 41 who have already been convicted, 39 who are still being prosecuted and 4 who were detained but never had charges brought against them.

Repression continues

Several former political prisoners have also reported that since their release, they have been threatened and harassed by groups linked to the government and police.

The young Belgian-Nicaraguan Amaya Coppens and her family have suffered several aggressions. On January 1st and 2nd, a group of men aboard motorcycles threw black oil on the walls of their house in Estelí and threw stones at their windows. Police have also lurked near the house constantly since her release.

“The attacks continue on a daily basis. It is difficult knowing that my family is still victimized, but we are trying to stay protected as best we can,” Coppens said on Wednesday.

CENIDH requested that the Inter-American Commission on Human Rights (IACHR) examine the possibility of irreparable damage to the family’s rights to life and physical integrity. CENIDH also called for the Commission to urge the State of Nicaragua to cease the “aggressions and harassment by officials and para-police groups” against the family.

Last December, the IACHR granted precautionary measures to Amaya and the other 15 young people detained for bringing water to the protesting mothers, finding that their life and physical integrity were at risk in the custody of the Judicial Directorate in Managua.

Other former prisoners, including Roberto Buchting, have reported constant harassment, including the continuous surveillance of their homes by para-police groups, threats over social media and even invasions of their homes with the intent to intimidate them.

Still in prison

After an extensive review of the lists of released persons, CENIDH confirmed that 65 political prisoners are still to be released.

“Our commitment to the liberation of all people and all of Nicaragua is firmer than ever. Despite the fact that a group of 91 people was released on December 30th, there are still more than 65 political prisoners, including Katherine Martínez and the trans activist Mayela Cruz,” said the group.

Race and Equality demands the immediate release of all political prisoners in Nicaragua, the closure of legal proceedings against them and the cancellation of their criminal records. We call on the authorities to cease repression, harassment and persecution against those who were arbitrarily imprisoned. It is essential that their return home is free from any threat or attack against them or their families.

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