In the midst of the crisis in Nicaragua, human rights of indigenous and Afro-descendants continue to be violated

In the midst of the crisis in Nicaragua, human rights of indigenous and Afro-descendants continue to be violated

Washington, D.C. August 14th, 2019. Repression and extrajudicial killings that occurred in several cities in Nicaragua since April 2018, especially in the urban areas of the Pacific and central zone of Nicaragua, were behaviors already known by the indigenous and Afro-descendant communities of the Caribbean Coast of Nicaragua. “We have already lived through these forms of repression in our communities since 2015” although under different motivations, affirms the president of the Center for Justice and Human Rights of Nicaragua’s Atlantic Coast (CEJUDHCAN, for its initials in Spanish), Lottie Cunningham.

In the midst of the socio-political and human rights crisis that Nicaragua is going through, the rights of indigenous and Afro-descendant people continue to be predominantly violated in two ways: for the violation of their self-determination and autonomy, and for the lack of a title-clearing process for communal properties, denounced the lawyer and activist from CEJUDHCAN, who is deeply concerned about the situation of impunity and the lack of institutional guarantees for these populations.

Self determination

In the North and South Atlantic of Nicaragua, each community is autonomous and has its own form of organization. Indigenous people are organized based on their customs and traditions, so there are communal and territorial authorities that must be chosen according to a legally regulated procedure. But the interference of the Sandinista National Liberation Front (FSLN, for its initials in Spanish) has generated frequent conflicts in these communities.

“This has come to create many problems, it has come to confront communities, because the party interference has created parallel governments, it creates some figures that are not part of the traditional authority,” Cunningham explains.

According to the activist, the Sandinista Leadership Committees (CLS, for its initials in Spanish), also existing in the Pacific and urban areas of the country, are in fact monitoring mechanisms, and do not fulfill their role as traditional authorities. The Government is responsible for delivering, after each election, a certificate of appointment as an authority, but those who are chosen according to the tradition are denied that certificate. It is the people who abide the party mandates those who get the certificate.

“They are creating a fractionation of the indigenous family, of the indigenous community. And in those conflicts, there have even been injured people, a bloodshed,” Cunningham laments. One of the most recent cases occurred in the Kamla community, municipality of Bilwi, North Caribbean of Nicaragua, when on June 26 this year a group of Sandinista sympathizers attacked the communal leader and municipal councilor Marcela Foster, causing the loss of her left eye and a fracture in one of her arms.

“We are now concerned about the omission of public officials, the Police, the Public Prosecutor’s Office that do not act, and as impunity has continued, this may worsen,” Cunningham warned. “In the indigenous communities the siege and criminalization has increased and we are very afraid…”, she added.

Lack of a title-clearing process

The Atlantic Coast of Nicaragua is a multi-ethnic, pluricultural and multilingual region where nearly 508,000 people with origins from the Mískitu, Sumu/Mayangnas, Rama and Afro-descendant (Creoles and Garífunas) communities live. As a result of a ruling of the Inter-American Court of Human Rights in 2005, the State of Nicaragua approved Law 445, which established a process of demarcation and titling of these communities’ lands.

Under this law, between 2007 and 2016, 23 territories benefiting 304 indigenous and Afro-descendant communities were demarcated, but the title-clearing process has not been carried out, which is the State guarantee to the indigenous people of “the effective use and enjoyment of their titled territories when faced with their occupation by third parties or settlers.”

Due to state ineffectiveness, the lack of a title-clearing process has begun to have negative effects for the security of indigenous people and for their use of natural resources. “The settlers are armed, they have come to the nearest perimeters of the community, usurping, occupying land,” says Cunningham, who recounts: “When we go to communal assemblies, it’s sad, women cry because they tell you how they can’t go to collect their food, they can’t go fishing, they can’t go collect their traditional medicine, because they don’t live from a grocery store or a pharmacy, they live from the forest.”

There have also been reports of settlers who kidnap indigenous people to warn them not to exceed the limits they have arbitrarily defined, or to force women to raise the bean crop. “There are missing indigenous people, we have indigenous people who have died, atrociously killed, who have get their heads and hands cut off, their eyes taken out…”, thus describing the extreme violence that has characterized some recent events.

Cunningham said that the police do not go to the communal areas, and rather it is the leaders who demand the title-clearing process of the communities that have been arrested and criminalized. “Instead of advancing in the title-clearing process, right now we are seeing (how activists are facing) common crime trials, we know that (crimes) are not true, there is no evidence, because we know that people and we know that those are also selective actions”, Cunningham points out.

According to Cunningham, the authorities allow these land seizures to “stay in power, because the indigenous people hardly vote to the national parties.” In addition, they have also granted concessions to gold and timber companies without territorial governments having endorsed them, as mandated by the International Labour Organisation Convention No. 169 on indigenous and tribal peoples.

“Due to the social crisis of 2018, a massive invasion of settlers has entered to our communities. And the State of Nicaragua knows it,” laments Cunningham.

Statement

Race and Equality calls on the State of Nicaragua to protect the rights of indigenous and Afro-descendant people, particularly to guarantee respect for collective property, their autonomy to choose their authorities as well as security conditions that protect their lives and personal integrity from violence that afflicts them today.

We urge the State of Nicaragua to accept the recommendations of the Universal Periodic Review regarding these peoples in the next session of adoption of the Report of the Working Group of the Human Rights Council and its prompt implementation.

Fotos de Flickr. 

Nicaraguan refugees living in Mexico and Central America held a summit in Costa Rica

San José, Costa Rica. From July 29th to the 31st, a group of LGBTI Nicaraguan refugees living in Mexico and Central America held a summit in San José, Costa Rica to promote discussion about the human rights of LGBTI refugees. In particular, the summit addressed violations and vulnerabilities resulting from workplace and housing discrimination on the basis of sexual orientation or gender identity.

In the course of the summit, which was organized by the Mesa LGBTI de Nicaragua with the support of Race and Equality, participants reiterated that the circumstances which caused them to leave Nicaragua, the precarity of their situation in their host country, and experiences of discrimination have all combined to harm their emotional and mental health. This reality has not yet been identified and addressed in the international response to Nicaragua’s crisis, despite the fact that depression has emerged as a common factor among refugees, as in the case of a young gay refugee who died of suicide in Costa Rica in July.

The majority of LGBTI refugees have been forced to leave Nicaragua due to threats over social media, political persecution, arbitrary detention, and in many cases grave violations of their human rights to liberty and to personal, bodily, and mental integrity. The summit highlighted both the importance of ensuring accountability for these violations in Nicaragua and the urgent need to support the integration of refugees in Costa Rica, El Salvador, Honduras, Guatemala, and Mexico.

Rights impacts

Attendees shared their experiences of fleeing Nicaragua, often with only days or hours to prepare and sometimes with as little as $40 on hand. Many suffer the emotional impacts of not being able to say goodbye to their friends and family. Refugees are also exposed to security risks on the journey itself: while traveling on irregular and informal routes, some refugees, particularly LGBTI women, reported threats to and violations of their sexual and bodily integrity.

Attendees also discussed their diverse experiences in the receiving countries. While the Costa Rican government has recognized its duty under international norms to integrate the sexual orientation and gender identity (SOGI) of refugees into its response, other countries such as Honduras, El Salvador, and Guatemala have treated SOGI as irrelevant, causing friction between public officials and refugees.

All attendees, however, made clear that SOGI factors have had important impacts on their experiences, particularly in their daily efforts to claim and exercise human rights such as the right to housing. Verbal threats and harassment, spying and surveillance from neighbors, and denial of housing opportunities are daily occurrences for LGBTI refugees, particularly trans women and persons with non-binary gender expressions. This situation is compounded when locals refuse to rent to Nicaraguans for reasons of xenophobia.

Refugees have suffered similar violations of the right to work. In addition to the natural difficulty of finding work outside one’s own country, many trans women report that employers have forced them to change their gender expression in order to obtain employment. Many younger refugees have not yet finished their schooling, adding an additional difficulty to their search for employment. Together, these factors of precarity have led to “survival sex work” among some Nicaraguan refugees, who report that this work exposes them to sexual health risks.

Despite this adverse context, all attendees shared experiences of mutual support that they identify as crucial for their survival, including offers to share living space, initiatives to create common funds for refugees’ expenses, and support for each other’s gender identities and sexual orientation.  These experiences demonstrate the need to maintain a network of LGBTI refugees and to articulate a strategy that demands rights for refugees in the receiving countries, recognizes the existence of a diaspora at the regional level, and seeks to allow refugees to return safely to Nicaragua with their human rights assured.

Future steps

To pursue this strategy, Race and Equality will combine our efforts with the Mesa LGBTIQ de Nicaragua and its chapter in Costa Rica to seek an audience with the Interamerican Commission of Human Rights regarding LGBTI refugees in the region. We also hope to continue working with our counterparts in Nicaragua and with Nicaraguans across the region to monitor their situation and pursue human rights documentation that will support our joint advocacy for their human rights.

Crisis in Nicaragua: extrajudicial killings, detentions and persecution continue

Washington, D.C. July 30th, 2019. A resurgence of the human rights crisis that Nicaragua has suffered since April 2018 has taken place in recent weeks with the occurrence of extrajudicial killings and arbitrary detentions committed by police and parastatal armed groups, especially in rural areas, as well as the persecution of human rights defenders and journalists.

Extrajudicial killings

The selective persecution of peasants and social leaders in rural areas is not new, since the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish) has documented its occurrence since 2007. However, the executive director of CENIDH, Marlin Sierra, points out that this type of case has been a continuation of the actions that were carried out in previous years.

“The pattern they are using is the same: these are people who were killed on the roads, with guns. Although they claim they were common criminals, militarization remains in the countryside,” says Sierra, clarifying that most of the killings are of people who were opponents of the government before the crisis or who joined the demonstrations once the crisis broke out in April last year.

From July 2018 to June 2019, CENIDH has documented 21 of these murders in the city of Jinotega, in the north of the country, specifically in the communities of Wiwilí, El Cua and Pantasma.

Consistent with the CENIDH data, a report by the Nicaraguan sociologist Elvira Cuadra, interviewed by La Prensa, revealed that from October 2018 until July 15 of this year “it is possible to observe an increase in murders in rural areas; a good part of the victims are social and political leaders linked to the civic movement or opposition political parties.”

During the time documented by Cuadra, 29 selective murders were committed by paramilitary groups with the complacency of the Police. In 28 of those cases, a gun was used to commit the crime.

A case that is not included in this list is that of José Alejandro Martínez, age 27, since he managed to survive the armed attack. Martínez, who was a political prisoner and was released from prison four months ago, was shot dead near his home in Wiwilí, allegedly by a paramilitary member. After the attack, doctors told Martinez that he would not be able to walk again.

Another worrying case, although it did not occur in a rural area, was the murder of Bryan Murillo López, a 22-year-old man who was killed by police officers inside his own home in the city of León. Police violently broke in Murillo’s house at 4:30 am on Wednesday, July 17. Murillo died from three shots in the chest. The relatives of the young man presume that there may be political reasons behind the attack, since he participated in the protests and marches that took place last year.

In the same event, as a result of police violence, two other members of the same family were injured: Kenner Murillo López and his brother-in-law Javier Cortez Castillo. The Police released a statement that referred to the victims as criminals, however, the mothers of the youths presented evidence that the police themselves had no records for any of the supposed cases.

Arbitrary detentions

Another form of repression that has continued for 15 months since the beginning of the human rights crisis is the arbitrary detention of both protesters and former political prisoners.

One of the most recent cases is that of Jaime Enrique Navarrete, who was kidnapped in front of his house by police officers on Wednesday, July 24, and who is now being prosecuted for the crimes of possession of narcotics and illegal carrying of firearms. According to local media, Navarrete was brought before the judge with a broken nose and bruises all over his body due to the beatings he received in police custody.

Edwin Altamirano, another political prisoner, was also arrested on Thursday, July 17, at his home in Managua. According to his relatives, police officers entered the house with violence and without a warrant and took him away without explaining the reason for his arrest.

Two other young men, Kevin Orlando López, from Estelí, and Brayan Cruz Calderón, from Managua, both former political prisoners, were captured in June and July and are being charged with common crimes such as drug possession and robbery with intimidation.

This type of capture has also been committed against citizens publicly known as opponents of the government in different cities of the country, although in several cases releases have been reported a couple of days after the arbitrary detentions.

“We are receiving daily reports of threats, not only of aggression or surveillance, but direct threats of death,” explains Marlin Sierra, who has received complaints from across the country, especially from the cities of Matagalpa, Jinotega, Estelí and Managua.

Persecution of human rights defenders

Human rights defenders and lawyers of political prisoners have also been the target of persecution and intimidation by police groups.

The latest case occurred on Friday, July 26, with the arrest of the lawyer of the Permanent Commission of Human Rights (CPDH, for its initials in Spanish), María Oviedo, who was arrested by police officers in the city of Masaya. Police accused her of “obstruction of functions” in court. After two days of being detained, the court granted alternate measures to Oviedo, so that she will face the penal process from outside of prison.

In Managua, on July 15, about 7 patrol cars full of riot agents surrounded the facilities of the CPDH after a group of young people conducted a ‘flash’ protest of 5 minutes. CPDH is the only non-governmental human rights organization still authorized by law to provide public aid, and last month received provisional measures from the Inter-American Court of Human Rights, along with the CENIDH.

“The surveillance and persecution and the smear campaign against us are permanent,” denounced the executive director of CENIDH, Marlin Sierra, who believes that “the State ignores completely the disposition of the Court.”

Only one day after the incident at the CPDH, on July 16, the group of lawyers known as “People Defenders” denounced that about six police patrols were surrounding the access roads to their facilities. On July 20, the Police sent the car of the lawyer Yonarquis Martínez, defender of several political prisoners, to the vehicle depot without explaining reasons. A couple of days later, the lawyer managed to recover her vehicle and driver’s license.

The crisis faced by human rights defenders has also deepened due to the legal status of the nine NGOs arbitrarily deprived of legal status not being re-established after seven months; nor were their assets returned. The threat and the intention to criminalize them and bring them to court is always present, as has been demonstrated in the case of the CPDH lawyer, María Oviedo.

Independent journalism continues under regime violence

Journalist Juan Carlos Bow, from Confidencial, was injured in his right hand while interviewing the relative of a person detained at the protest. He was shot with a marble pellet by the police agents that repressed a demonstration occurring on July 25 in the city of Managua.

The website of radio La Costeñísima was subject to a cyber attack with the purpose of blocking it, while the facilities of 100% News and Confidencial, Esta Semana, Esta Noche and Niú continue to be held by the police.

The main print media also continue to face obstacles to retrieve their raw materials from customs. La Prensa newspaper has failed to clear its paper and raw materials that have been arbitrarily retained for 48 weeks.

Statement

The facts described above show that the Nicaraguan crisis has worsened and that its lethal effects on people who are identified as opponents of the regime do not cease.

Taking all this into account, Race and Equality makes a vehement call to the State of Nicaragua to fulfill its international commitments in the field of human rights and to respect the provisions of the Declaration on Defenders. In addition, we demand that the State comply with the provisional measures granted by the Inter-American Court in favor of CENIDH and CPDH.

We also demand that the State guarantee thorough and independent investigations into extrajudicial killings and other acts of lethal violence in which police and state agents have participated.

Similarly, we urge the Organization of American States (OAS) to comply with the urgency of the case by creating the High Level Commission provided for in the Resolution approved by the General Assembly in Medellin, Colombia, to seek a peaceful solution to the serious crisis that has overwhelmed Nicaragua since April 2018.

Foto: Jorge Mejía Peralta on Flickr. 

Venezuela, Nicaragua and LGBTI issues: key points of the 41st session of the UN Human Rights Council

Geneva, July 16th 2019.  A report on the human rights situation in Venezuela presented by the High Commissioner for Human Rights Michelle Bachelet and an update on the state of human rights in Nicaragua presented by Deputy High Commissioner Kate Gilmore, as well as the mandate renewal of the UN independent expert on sexual orientation and gender identity, were all key agenda items during the 41st session of the UN Human Rights Council.

The 41st session of the Human Rights Council, which took place between June 24 and July 12 at the UN headquarters in Geneva, Switzerland, was marked by the Latin American agenda. In her opening speech, Bachelet expressed concern about the setbacks experienced in Latin America that affect important achievements made by victims, human rights defenders and political leaders in terms of reconciliation and transitional justice in recent decades.

The High Commissioner warned: “today we are witnessing a worrisome trend of denial of the facts, even extending to the passage of laws intended to undo the progress made in seeking justice.”

As an example, she cited the recent approval of the Amnesty Law in Nicaragua and the attempts of Guatemala and El Salvador to pass similar laws. Faced with this situation, she urged “these and all other countries not to adopt regulations that prevent serious human rights violations from being prosecuted and duly punished.” She also said that “accountability, with fair trials, protects societies from future radicalisation and violence.”

The Human Rights Council is the intergovernmental body of the United Nations that is responsible for strengthening the promotion and protection of human rights. It has the competence to discuss all human rights thematic issues and to call for change through recommendations. This body also has the function of empowering special procedures and carrying out the Universal Periodic Review (UPR). It meets three times a year: in February, June and September.

About Venezuela

At the request of the Human Rights Council, the Office of the UN High Commissioner for Human Rights (OHCHR) prepared a report on the human rights situation in Venezuela that was presented at this session.

The High Commissioner began the presentation by commenting on her recent visit to Venezuela, where she was able to meet with various sectors of society, which she understands is undoubtedly a sign of the Venezuelan authorities to commit to a constructive dialogue. She also noted that the report cannot ignore that the rule of law in Venezuela has been “seriously damaged” in recent years. Today, the rights to freedom of expression, to peaceful assembly and to participate in public life all entail threats against the life and physical integrity of those who exercise them.

The report details the gradual militarization of state institutions during the last decade. The pro-government armed groups known as colectivos have contributed to the deterioration and have managed to impose a social order of generalized repression. The OHCHR documented at least 66 deaths during the protests carried out from January to May 2019, of which 52 are extrajudicial executions directly attributable to Government security forces or to the colectivos. “In the previous year, the government of Venezuela registered 5,287 deaths due to ‘resistance to authority’ and between January 1st and May 19th of this year, another 1,569 people were killed, according to the government’s own statistics. Others sources suggest that the figures could be much higher.”

The High Commissioner expressed concern about the excessive and lethal use of force, saying that such force should be classified as extrajudicial execution and requires an investigation aimed at condemning the perpetrators and guaranteeing the non-repetition of similar acts. The report notes, however, that most of the victims have not yet had access to justice or adequate reparation.

Meanwhile, the people of Venezuela continue to face an economic crisis that is seriously affecting the fulfillment of economic, social and cultural rights. This crisis has also been exacerbated by the recent economic sanctions that are affecting the ability of the State to guarantee the population’s access to medical services and the right to food. Many public services such as the healthcare system have collapsed, the High Commissioner stressed in her speech, stating that the lack of basic medicines is having serious consequences, even causing deaths; also, the lack of contraceptive methods is forcing many women to continue pregnancies in circumstances of extreme precarity by forcing them to take care of children who they will not be able to feed. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), by March 2018, around seven million Venezuelan people, a quarter of the total population, will need humanitarian assistance.

Hunger and poverty have forced many to flee in conditions of extreme vulnerability. The protection of their human rights, says the High Commissioner, is a matter of extreme urgency. Bachelet highlighted the situation of indigenous people in Venezuela, which is also extremely worrisome, given the loss of their ancestral territories and natural resources, militarization, the effects of mining and the lack of adequate access to water and food.

About Nicaragua

The Deputy High Commissioner presented the update on the human rights situation in Nicaragua. This intervention was held as part of the resolution of the Human Rights Council for the Promotion and Protection of Human Rights in Nicaragua (Resolution A/HRC/40/ L8) approved in April 2019, which also provides for the presentation of a report in the following Council session in September of this year.

In her oral intervention, Deputy High Commissioner Kate Gilmore stressed that one year after the violent repression of demonstrations throughout the country, which killed more than 300 people, injured 2,000 and put more than 70,000 people in exile, human rights violations committed during that crisis remain unresolved. Peaceful protest and dissent continue to be repressed.

She also noted that, despite the Nicaraguan authorities’ claim that they have freed all those arrested in the context of the protests, more than 80 people could still be in custody under severe conditions of detention. The OHCHR has even received reports of torture and mistreatment. Gilmore urged the release of all persons arbitrarily detained for their participation in the protests or for expressing dissenting or critical opinions, including those who are still under alternative measures to incarceration, and reiterated the call to the Nicaraguan authorities to carry out immediate, impartial and effective investigations into the allegations of torture and violent acts in custody.

Regarding the Amnesty Law and the Law of Integral Attention to Victims, she emphasized that nether guarantees the right of victims to truth and reparation and that they were adopted without sufficient consultation with civil society or victims’ organizations. One of the most critical points of her speech was the reference to the work of the OHCHR, the Inter-American Commission on Human Rights (IACHR) and the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) of the Organization of American States. Although these agencies have managed to document serious human rights violations, the Government continues to deny the responsibility of the state or its professional agents. The National Police has continued to systematically deny authorization for civil society meetings and to arbitrarily arrest people who attempt to demonstrate, with episodes of excessive use of force. The Deputy High Commissioner also showed concern for human rights defenders, community leaders, media journalists and civil society organizations who continue to be the target of attacks, threats, harassment and constant surveillance.

She ended her speech by calling on the authorities to participate in a genuine, meaningful and inclusive dialogue to address the legitimate demands of justice and reparation and to undertake institutional and electoral reforms. She recalled her office’s willingness to support the Nicaraguan Government in the fulfillment of its international obligations regarding human rights.

About the renewal of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI)

Victor Madrigal, an independent expert on SOGI, began his speech by recalling that this year marks the 50th anniversary of the Stonewall protests and that his mandate is a necessary response to the abuse that the LGBT community throughout the world continues to suffer. He shared some data collected in a recent report that presented violence and discrimination based on sexual orientation or gender identity. For example, 60% of bisexual women have been victims of rape, physical violence and/or harassment by an intimate partner in their lives; trans people have a life expectancy of 35 years; and half of LGBT students have been victims of harassment.

The campaign behind the renewal of this mandate was an example of coordination and shared effort between civil society organizations and diplomatic missions that endorsed the protection of the human rights of LGBT people. Special mention should be made to the Latin American region since Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay were the countries that promoted the resolution to renew the mandate, which more than 50 co-sponsoring countries later joined. Their negotiating skills and constructive spirit earned them the gratitude of several council members. The resolution had to face ten hostile amendments led by Pakistan and seconded by the Organization of Islamic Cooperation with the exception of Albania and Tunisia, which were all rejected. The mandate was renewed with 27 votes in favor, 7 abstentions and 12 votes against, among which there were no Latin American countries. Only Cuba abstained in the voting to reject these hostile amendments, but at last voted in favor of the renewal.

The call to the Council for the renewal of the Independent Expert of the UN on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories. After the voting, the renewal of the mandate filled the room and the corridors with an emotion and a joy that perhaps can be captured through the words of gratitude of the activist Andrea Ayala: “all of us here work for people whose names or skin color we don’t know, all we know is that they need us and here we will continue to work together.”

“The situation in Nicaragua continues to be critical,” says the OHCHR

Geneva, July 10th 2019. The United Nations Deputy High Commissioner for Human Rights, Kate Gilmore, said today before the UN Human Rights Council that the situation in Nicaragua remains critical: authorities continue to repress peaceful protest and dissent, at least 80 people who participated in protests remain in detention, human rights defenders and community leaders continue to be threatened and harassed, and journalists continue to be targets of threats and censorship.

“One year after the violent repression of nationwide demonstrations, which resulted in more than 300 people killed, 2,000 injured and over 70,000 people going into exile, human rights violations committed in that context remain unaccounted for”, explained Gilmore, in an oral update held this Wednesday.

This update takes place as a follow-up measure to the resolution “Promotion and protection of human rights in Nicaragua”, approved on March 21, which asked the United Nations High Commissioner for Human Rights, Michelle Bachelet, to prepare oral and written updated reports about the situation in Nicaragua.

Recent events

Kate Gilmore brought up a series of events that have happened recently in Nicaragua, including the release of 442 political prisoners, of whom 106 were released under the questioned Amnesty Law. However, the OHCHR has received information that more than 80 people are still detained.

“We urge the release of all individuals arbitrarily detained for their participation in the protests or for expressing dissenting or critical views, including those under alternative measures to imprisonment,” she stressed, reiterating the call “for prompt, impartial and effective investigations into these torture allegations and violent events in custody.”

She expressed concern about the arbitrary actions of the National Police, which continues to impede the citizen’s right to demonstration, stating that according to non-governmental sources, since mid-March 2019, more than 500 people were arrested by police officers while trying to organize protests in several cities, although the majority remained in custody for a few hours and were then released without charges.

She also referred to the situation of human rights defenders and community leaders who continue to be the target of attacks, threats, harassment and constant surveillance, and the fact that the authorities have not yet re-established the legal status and assets of 9 civil society organizations that were arbitrarily outlawed in November and December 2018.

In addition, she emphasized that “violations of the right to freedom of expression, including freedom of the media, continue to affect journalists and other media workers, and media outlets.”

The Nicaraguan State continues to deny responsibilities

The Deputy High Commissioner also regretted that the Nicaraguan Government continues to deny the responsibility of state agents or pro-government armed elements in the acts of violence committed last year. “It is crucial to ensure accountability without any exception, to ensure victims’ right to truth and reparation, and to determine the guarantees that the State will put in place to avoid the recurrence of human rights violations,” said Gilmore.

In fact, Nicaraguan Deputy Foreign Minister Valdrack Jaentscke, who participated in the session of the Human Rights Council, repeated the government’s argument that in Nicaragua there was a failed coup attempt that was brought under control to “consolidate peace and resume the path of progress and wellness”. In addition, he said that in Nicaragua there is no persecution of human rights defenders.

On the latter, the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish) said in a statement published after the session of the Human Rights Council, that the Nicaraguan Deputy Foreign Minister “lies”, since CENIDH itself is one of the “victims of a vengeful persecution, usurpation of property and cancellation of legal personality,” which has forced the “exile of several human rights defenders, and those who continue to exercise in our country the right to defend rights face a hostile environment, disqualification, stigmatization and threats”.

Delegations opined

Most of the delegations that expressed their views after the update on Nicaragua requested the release of political prisoners who are still imprisoned and asked the Nicaraguan government to resume the national dialogue in good faith, to guarantee the independent work of civil society organizations, and to carry out impartial investigations into the violent acts committed since April 2018, as well as to allow the return of an OHCHR mission to the country.

That was the case of the delegation of Argentina, which spoke on behalf of Brazil, Canada, Costa Rica, Chile, Colombia, Ecuador, Paraguay and Peru; and others such as Croatia, Uruguay, Spain, Germany, Mexico, Australia, Finland, Switzerland, Belgium, Georgia and Barbados.

“We are worried about the persistence of acts of violence, as well as new forms of repression and human rights violations. It is also alarming that acts aimed at preventing the work of human rights defenders, journalists and the media continue,” the Uruguayan delegation said.

The representative of Spain also expressed concern about the Amnesty Law, which “may condition the release of prisoners and serve as a basis for possible situations of impunity in the face of human rights violations.”

Bolivia, Cuba, Russia and Venezuela supported the Nicaraguan Government and argued that the “self-determination of the people” and “non-interference” in internal affairs should be respected.

Civil society, on the other hand, such as the International Federation of Human Rights (FIDH, for its initials in Spanish) and CIVICUS also echoed the demands of the Nicaraguan people and participated in the debate within the UN Human Rights Council.

Statement

Race and Equality joins the call of the OHCHR and the diplomatic missions that support the human rights of Nicaraguans, to the Government of Nicaragua to comply with the international commitments it has signed and proceed to the full and unconditional release of the political prisoners who continue to be incarcerated, to resume the dialogue with the Civic Alliance for Justice and Democracy in good faith and with the intention of honoring the agreements signed there, to restore the rights of citizens that have been violated and restricted in violation to international standards for more than fourteen months, and to investigate the violent events that occurred since April 2018 and punish those responsible so that victims and their families have access to justice.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

leia a versão em português

Organisations signing the statement:

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

Journalist Lucía Pineda Ubau: “They stole six months of our lives in prison”

After spending six months in prison as a political prisoner, journalist Lucía Pineda Ubau stood in front of a cellphone camera and began broadcasting live to the 100% News Channel audience from the OAS General Assembly in Medellin, Colombia. In a couple of minutes, more than three thousand people were watching on Facebook Live and celebrating the event. “Doing it now in freedom is a feeling of happiness,” says Lucia.

The last time she had reported live was on December 21, 2018, when she denounced that several weapons-wielding police patrols broke into the offices of the TV outlet 100% News Channel and illegally detained the channel’s director, Miguel Mora. She did not have time to report that they had also captured her. Almost six months later, on June 11 of this year, through a controversial Amnesty Law, the Nicaraguan authorities released Lucia and 50 media members and political prisoners who were unjustly imprisoned, often exposed to cruel, inhuman and degrading treatment.

Since then, the 45-year-old Nicaraguan-Costa Rican journalist has dedicated herself to “continue knocking the doors” of the international community and to “raise the voice so that they do not leave us alone in Nicaragua”. A couple of days after her release, she traveled to Costa Rica to reconnect with her family and meet with President Carlos Alvarado Quesada, Vice President Epsy Campbell and several officials, as well as with the media. Last week, in Medellín, she also aroused the interest of various Colombian and international media outlets that interviewed her extensively.

In this interview, given to the Institute on Race, Equality and Human Rights, Lucía Pineda comments on her experience in prison, the current situation of journalism in Nicaragua and her plans to put the TV outlet 100% News Channel to work again, from which she reported “for the whole little ball of the world.”

What motivated you to broadcast live after 6 months in jail and how did you feel at that moment?

I felt happy because it’s what I like, I love my career. I had already spent 6 months not doing live broadcasts. The last one was precisely reporting the occupation (of the 100% News Channel facilities) and imprisonment of our director, Miguel Mora. Doing it now in freedom is a feeling of happiness. I did not even have accreditation to enter (the OAS facilities), but I managed to write to the creditor and told him that I just got out of jail, and asked if they could credit me, and they did. Since I was there, in that scenario, where there were also representatives of different countries and the Blue and White delegation that came from Nicaragua, I decided to do the live broadcast on the Facebook fanpage of 100% News Channel. The main reactions I have seen are that people want me to start (reporting) again, but we are doing it slowly. The whole staff is not available yet, there are some who are in exile, we must wait for the government to return what they have confiscated.

As a journalist you are used to interviewing, but lately you have been the focus of the news. How have you assumed that role?

It’s a little bit complicated. It is true that (as a journalist) one is used to interviewing the actors of the news, but one never thinks to become an actor of the news, the protagonist of that news. Now I understand the interviewees. They ask some tricky questions sometimes and I have to know well what I am going to answer. Today they asked me what hatred was for me. I said that it is all that the dictatorship did to the people of Nicaragua, all the persecution of the press in Nicaragua, to judge innocent people. That is hatred, what the dictatorship did to the independent press for reporting the truth. It is kind of uncomfortable to be on the other side, but you have to know how to handle it.

A little over two weeks ago you were released. Why did you decide to travel to Medellín to advocate?

They invited me and I decided to go because I think that at the international level we have to keep on knocking on doors and raising our voices so they do not leave us alone in Nicaragua. So that they’re always looking out for us to conquer and recover something that we had already conquered, such as freedoms, democracy, and to continue to denounce that our media are still confiscated, including Confidencial and Esta Semana, by Carlos Fernando Chamorro. That there are still no guarantees of security for journalists to report in Nicaragua. To demand that there must be pressure on the Government to reconsider. Only the release (of political prisoners) has been achieved, and not of all of them, because there are still 86 in prison, and the different commitments that they signed in the dialogue with the Civic Alliance have not been fulfilled. People still cannot come out to protest or to demonstrate. Citizens don’t feel free and that has to be guaranteed, I think, under the surveillance of the international community.

You talked about the situation of journalists. In general, then, have freedoms of expression and the press in Nicaragua not yet been re-established?

No, there are still no freedoms. There is no guarantee that your constitutional right of expression, of information, of manifestation will be respected. There is always the threat that they will take you prisoner or that they can kill you. Nicaragua is not normal, it is not normal to be persecuted for reporting, it is not normal that two important media outlets are still held by the Sandinista police. It would be normal that we would be reporting, that we would not have been jailed, that we would not have our instruments of work be occupied, that they would not censor us.

There are many colleagues who have been making different efforts both within Nicaragua and in exile. The exile has been hard for them. I met with exiled journalists in Costa Rica and they are having a very bad time. There are some of them who have been working on construction, others that are working as security guards, others have been selling lottery or in stores, and in the midst of all of that they’re always active in their (informative) platforms making their own efforts. But it’s also needed to strengthen them in some type of financing so that those spaces are kept alive. If you help independent journalists at this time, they are defeating censorship. It is time to support the independent press.

You’ve been a journalist for twenty-five years. What has your experience been questioning the powerful?

The strongest experience I’ve had has been right now. I never thought that Daniel Ortega would take me or Miguel Mora, or any journalist, prisoner, only for reporting. Precisely because he was imprisoned in a dictatorship fighting for liberties. Rather, I thought that one day Arnoldo Alemán (President of Nicaragua in period 1997-2002) would take me prisoner, because there was a lot of questioning of Dr. Alemán, and he was very temperamental, he fought a lot with us journalists, he used to exploit anger and mistreat us. But he did not order to take us prisoners, he did not censure us, he did not go beyond the anger or to call me “la chilindrina” (as a nickname).

Daniel Ortega exceeded all levels, we went back in time. It is unfortunate that we have regressed to live those chapters that were lived in the time of Somocismo. Daniel Ortega does not like criticism, he does not like to be told the truth, that people express themselves with the truth in different independent media.

Was that what bothered Daniel Ortega so much?

That’s why they closed our media and imprisoned us. We always informed with the truth, with the same videos that the population filmed, because this has been the most documented repression. Precisely the people, the victims, filmed it. There is nowhere to get lost, the victims shared us their stories. The truth was told by the people, the truth was documented. The world already knows what happened in Nicaragua, that there was no attempted coup, that there was a social explosion and that the Government reacted brutally with a lot of repression that left more than 325 people dead and more than 2 thousand injured.

You spent six months in prison, how do you see that time in retrospect?

They stole six months of our lives there. I did not deny to God why I was there, but I asked him what my purpose was. God sets goals for you and in these events he gave us the mission of informing. And so we did, (God wanted us) to be brave, to be firm and committed to the people of Nicaragua. And so we acted, with obedience to that mission to inform. I began to reflect, to think there in prison and said: well yes it was worth it. It is worth saying the truth, it is worth doing journalism committed to the needs of the people of Nicaragua, a journalism that goes in favor of guaranteeing the Nicaraguan people needs, democracy, life, above all. When you report you save lives, and that’s what the independent press in Nicaragua did.

One feels satisfaction that you inform until the last moment. When I was taken to the preventive cell, I told Miguel: at least we closed with a flourish, I had time to launch the “last minute”. They wanted to silence us, but rather they raised our profile.

You said there was psychological rather than physical abuse …

The psychological thing is from the fact that they kept me isolated, without socializing. Human beings are social beings, and they locked me up for six months, they only opened the door three times a day to give me food and they took me out once a week to take one hour of sun, as if I were an animal. That’s psychological damage, it’s psychological torture. I tried to mitigate the impact of that torture, but I have known stories of other women who were alone for just 12 days and the idea of ​​wanting to kill themselves came to mind. That never crossed my mind. My routine was of prayer, of praise, of biblical reading. I also exercised, 1500 jogs per day inside the cell, for the blood circulation. That’s what kept me standing: my faith, I never lost it. In my prayers I prayed for them and even forgave them, because I wanted to take care of my heart, I did not want to leave resentful or with hatred. But you do not forget everything they have done to you.

Do you have specific plans for the future?

We are seeing how to restructure, how to re-establish the newsroom, whether to do it in Nicaragua or in Costa Rica or to make a combination. The Facebook Live was a test, to warm up engines, but to retake the Channel during 24 hours, we’ll be working on it after we give ourselves a little time for us.

Leaders of Latin America and the Caribbean at the 49th General Assembly of the OAS: “We are facing a grave situation of human rights violations””

Over the course of the 49th General Assembly of the Organization of American States (OAS), held in Medellín, Colombia from June 25-28, the International Institute on Race, Equality and Human Rights (Race and Equality) held various events, particularly with participation by human rights, Afro-descendent, and LGBTI leaders from Colombia, Cuba, Ecuador, Paraguay, Brazil, Nicaragua, Mexico, Bolivia, and the Dominican Republic.

These meeting and discussion spaces sought to reflect upon and study the social and political conditions facing human rights in Latin America. These conditions currently have a particular effect upon historically marginalized and invisible populations such as Afro-descendants and LGBTI persons, as do violations of fundamental rights through persecution and harassment by different governments in the region against rights defenders.

We reiterate our condemnation of the absence of Cuban activists who were denied exit from the country by migration authorities, this being a strategy of coercion and repression by the Cuban state to prevent civil society leaders from publicizing the human rights situation on the island.

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The Inter-American Form Against Discrimination was held on June 25. Afro-descendant and LGBTI activists from Latin America took part alongside the re-elected Commissioner Margarette May Macaulay, Rapporteur on the Rights of Persons of African Descent and Against Racial Discrimination and Rapporteur on the Rights of Women at the Interamerican Commission on Human Rights.

During their dialogue, activists described the social and political situation with regards to human rights in the region. The president of the Network of Afro-Latina, Afro-Caribbean, and Diaspora Women emphasized the need for women across the region to raise their voices to be heard, speak out, and participate as subjects of human rights. Likewise, the Brazilian activist Rodei Jericó de Géledes expressed the great challenges faced by the Afro-Brazilian population with regards to guarantees and recognition of their rights, especially Afro-Brazilians with diverse expressions of gender and sex, who suffer the highest percentage of homicides worldwide, with Afro-LGBTI people being the most frequent victims.

In a similar vein, the Colombian LGBTI rights activist and director of Caribe Afirmativo Wilson Castañeda indicated that although the Colombian peace process is unique in the world today by virtue of its reaffirmation of the rights of LGBTI conflict victims, Colombian LGBTI persons continue to be crushed by violence and hate crimes, fueled by hateful public discourses and state indifference to the victims. Castañeda told the audience that “peace is costing us our lives.” This dark side of the Colombian peace process includes the announcement by INDEPAZ that 837 social leaders have been killed, with 17 new alleged cases coming recently.

Commissioner Macaulay shared with the audience the importance of the Inter-American Convention Against Racism, Racial Discrimination, and Related Intolerance, making clear that the Commission has found that Afro-descendants in the Americas suffer from structural discrimination affecting all social rights to which they are entitled.

The representative of the National Conference of Afro-Colombian organizations, Hader Viveros, stated that Afro-descendants continue to be seen as objects rather than subjects, and thus continue to be victims of discrimination and non-recognition of their true needs. María Martínez de Moschta presented evidence to this point, signaling that over 117,000 people remain stateless in the Dominican Republic thanks to state decisions motivated by senseless racism.

Finally, Christian King, director of the organization Trans Siempre Amigas (TRANSA) in the Domincan Republic, and Cecilia Ramírez, director of the Black Peruvian Women’s Development Center (CEDEMUNEP), shared with the participants the importance of being present in international legal bodies such as the OAS General Assembly, highlighting the possibility of using these spaces to bring civil society demands to the fore and to make Latin American social movements’ social and political agendas visible in the struggle for human rights.

Read here the statement of the Afro-Descendant coalition at the OAS General Assembly.

49ª OAS General Assembly

The statement of the Afro-Descendant coalition was represented by Erlendy Cuero Bravo afro colombian activist of the National Association of Afro-Colombians Displaced (Asociación Nacional de Afrocolombianos Desplazados – AFRODES).

Discussion: “The Implementation of the Peace Accords: Social Innovation and Development in Afro-Colombian Territories”

Afro-Colombian leaders held the discussion “The Implementation of the Peace Accords: Social Innovation and Development in Afro-Colombian Territories” on June 25 during the General Assembly. Costa Rican Vice-president Epsy Campbell, Angela Salazar of the Colombian Truth Commission, and Margarette May Macaulay of the Interamerican Commission on Human Rights also participated.

Leading the discussion, Vice-president Campbell called upon leaders to continue struggling, building, and working for peace despite being faced with Colombia’s “labor pains” as the social and political conflict drags on. Commissioner Salazar stated that the role of the Afro-descendant population in the implementation process is challenged mostly by the lack of recognition for Black history and experiences in Colombia.

The conversation, which centered upon the systematic killing of social leaders, brought up the deaths of over 400 activists according to the national Ombudsman’s office. Recalling the recent case of María del Pilar Hurtado, all those present condemned this trend.

Audes Jiménez, Afro-Colombian leader and representative of the Network of Afro-Latina, Afro-Caribbean, and Diaspora Women, said, “While President Iván Duque is occupied with the immigration of Venezuelans into Colombia and his migration policies, a genocide against social leaders is underway in Colombia, and this must be in he attention of the General Assembly.” She added that in the Caribbean coastal region, killings, attacks, and persecution continue, especially against ethnic groups defending their land and territorial rights.

Francia Márquez, another Afro-Colombian leader, stated that Afro-Colombian people feel abandoned and ignored by the state, allowing Black, indigenous, and campesino communities in the country to be wiped out by violence as they work tirelessly to care for the Earth. “Peace requires us to think of alternative development“. In the name of ‘development,’ we are being killed, threatened, and treated as a military threat,” she said. 

It was also clear that structural racism causes women to continue being killed and victimized: “we are furious because we are speaking about peace into an empty discourse, peace has still not arrived to our territories, and we have been the ones suffering deaths,” she added.

Nixón Ortíz, LGBTI activist and director of the Arco Irís Afro-Colombian Foundation of Tumaco, remarked that the lack of commitment from the Colombian state to implement the Peace Accords has led to foci of violence in Afro-descendent territories, which remain unprotected and unattended. “We want to say that we have been resisting with our bodies, songs, and dances. Our weapons are our traditions. But the lack of governance in the territories puts whole populations at risk,” he added.

Finally, Father Emigdio Custa Pino, Secretary General of the Nacional Conference of Afro-Colombian Organizations (CNOA), invited the audience to continue struggling, building, and resisting despite the deaths of leaders, to assume the responsibility of those no longer present, both for those present and those who are to come.

Discussion: “Where is Nicaragua Heading? Challenges to Human Rights in the Context of Crisis”

A Nicaraguan delegation traveled to Medellín to participate in the General Assembly and interact with the diplomatic missions in attendance. These civil society members, human rights defenders, and ex-political prisoners participated in the event “Where is Nicaragua Heading? Challenges to Human Rights in the Context of Crisis,” organized by Race and Equality alongside CEJIL.

The opening remarks went to the Vice-president of Costa Rica, Epsy Campbell, while the panel consisted of Marlin Sierra, executive director of the Nicaraguan Center for Human Rights (CENIDH), Azahalea Solís, member of the Civic Alliance for Justice and Democracy, Lucía Pineda, head of 100% Noticias news and former political prisoner, Roberto Desogus, Nicaraguan lead for the Office of the UN High Commissioner for Human Rights, and Sofía Macher, member of the Interdisciplinary Group of Independent Experts on Nicaragua.

During the event, which went on for over two hours, the first three panelists described their experiences defending human rights and working in journalism in the case of Lucía Puneda, while the panelists representing international bodies described the ongoing work of monitoring from outside the country, as well as their commitment to returning once the authorities choose to authorize their missions.

The following day, Lucía Pineda participated in a breakfast with Colombian and international journalists from digital, print, and television outlets. Throughout her stay in Medellín, after having spent almost six months in prison for reporting through 100% Noticias, she was interviewed by various outlets interested in telling her story and making visible the demands of the Nicaraguan people.

The photo exhibition “Put Yourself in My Shoes” launches at the OAS

During the 49th General Assembly of the Organization of American States (OAS), human rights activists from several Latin American countries participated in the premier of a photography exhibition titled “Put Yourself in My Shoes.” The exhibit is the result of a collaboration between Race & Equality and Edgar Armando Plata, M.A. of Universidad del Norte (Colombia).

The exhibit illustrates the work of activists and rights defenders, exploring their fundamental role in defending and advancing human rights. It is on display at the Colombo Americano Institute of Medellín and will be open until August 2019.

Launch of the CIDH Report “Recognition of the Rights of LGBTI Persons” : Afro-LGBTI Perspectives from an Intersectional Lens

At the 49th General Assembly of the OAS, the Inter-American Commission on Human Rights (CIDH) presented its recent report “Recognition of the Rights of LGBTI Persons,” a look at the state of rights for people with diverse sexual and gender expressions. Activists from Brazil, Nicaragua, Peru, and Colombia spoke of the grave situation of vulnerability and violation of fundamental rights that LGBTI persons continue to face throughout the region. The Afro-Peruvian trans woman activist Belén Zapata stated that hate crimes and violence against LGBTI people in Peru are not criminalized, with no laws penalizing these acts despite several documented cases. “We must not continue dying and having our killers out in the streets committing other crimes,” she said regarding the killings of trans people.

The Afro-Brazilian trans leader Alessandra Ramos state that LGBTI people in Brazil are faced with a grave situation of vulnerability and rights violations, particularly because the government of Jair Bolsonaro does not recognize people with diverse sexual orientations or gender experessions. She said that Brazil is the leading country in killings of trans people, with 163 trans victims of hate-crime killings last year. Faced with this situation, she expressed “We exist in order to resist, and we resist in order to continue existing.”

Finally, the Afro-LGBTI Network of Latin American and the Caribbean made a public statement with regards to human rights impacts, violations, and structural discrimination affecting Afro-LGBTI people in the region based upon their sexuality, race, and ethnicity.

Read here statement of the Afro LGBTI Network of Latin America and the Caribbean

Pride Day: The 50th anniversary of the Stonewall Riots

Washington, June 28th, 2019.  On June 28th, millions of people around the world commemorated the 50th anniversary of the Stonewall Rebellion. Stonewall is considered a historic event for the LGBTI movement in the world, and is named after an event that took place in a gay bar located in New York called Stonewall Inn.

At that time, many North-American states treated homosexual relationships as crimes, and in New York people were forced to wear clothes according to their biological sex. Bars could not even sell drinks to homosexuals or anyone who would challenge cisheterossexuality. Many police raids used to happen in which owners, employees and customers would be arrested.

On June 28th, 1969, police entered the Stonewall Inn bar and began arresting employees and customers. However, instead of simply submitting, on that day the people decided to resist. Customers started throwing coins at the policemen, resisting the very common police raids. Then the revolt intensified and even Molotov cocktails were thrown at the door.

This unexpected reaction of people who were tired of all the repression of that time began a series of protests in the following days. A year later, these people organized the first Pride March. However, by telling this story you can risk making some figures who led those episodes and who were extremely important for the history of the LGBTI movement invisible. This is the case of Sylvia Rivera and Marsha P. Johnson.

Silenced Voices: Sylvia Rivera and Marsha P. Johnson

Sylvia Rivera was one of the emblematic figures in the revolts started at the Stonewall Inn, and is recognized as one of the activists who were in the front line of the riots, being essential to the agitation and mobilization of the protesters.

Sylvia was born in 1951 in New York. She was poor, Latina and a sex worker. Her parents were two immigrants from Puerto Rico and Venezuela, and she suffered abuses by the police all her life. She was abandoned by her father in the first years of her life and her mother committed suicide when Sylvia was only 3 years old. She started living on the streets when she was 11 years old.

Sylvia was a close friend of Marsha P. Johnson: black, transgender, poor and a sex worker. Born in New Jersey in 1945, she arrived in New York at the end of the 60s. Although very little is known about her childhood, it is known that Marsha was a great political activist: she would shout in the streets, mobilize marches, give interviews and just like Sylvia, she would be constantly criminalized.

Both Rivera and Johnson were at the front line of the Stonewall resistance processes, but they were more than that. A year after the Rebellion, Johnson and Rivera founded the organization Street Transvestite Action Revolutionaries (S.T.A.R.), which provided shelter, food and clothing for some 50 trans people living on the street in conditions of poverty. Marsha and Sylvia supported this project with the money from their own sex work. However, in an interview in 1989, Rivera says that when she and Marsha asked for help from other organizations in the community made up of teachers and lawyers (white and upper middle class) that could help with some resources, those people turned their backs. There was nobody to help them.

In fact, as the LBGTI movement would grow, mostly gay men, usually white, would assume leadership and ostracize trans people like Johnson and Rivera, because they believed that figures like them, with all their unusual clothes, on the one hand, could bring them more disrespect to the community and, on the other hand, would make difficult the argument that there was no difference between gays, lesbians and heterosexuals.

The apex of the tension was in the March of 1973, when Rivera was booed while she reminded that, were it not for the drag queens, there would be no gay liberation movement and that they were the front line of the resistance.

For an intersectional pride

The story of the involvement of people like Marsha P. Johnson and Sylvia Rivera in the Stonewall Riots highlights how the LGBTI community cannot be seen in a homogeneous way, as if all experiences were the same and, above all, as if rights reach the LGBTI population in the same way once achieved.  They don’t. More than that, this story explores the limits of alliances inside the LGBTI community, which cannot use trans people only as a bridge to conquer rights or status.

Besides that, Marsha and Sylvia embody intersectionality in their lives, evidencing the importance of considering several social markers to think about the processes of constructing identities, such as race, class, nationality, ethnicity, identity and expression gender, sexual orientation, among other axes of oppression.

Johnson and Rivera give us the opportunity to reflect that, rather than just including, for example, references to gender in race debates and vice versa, intersectionality should be a tool to make a commitment to experiences, knowledge, struggles and agendas policies that emerge from the resistance to the various axes of domination and oppression. This is even for evident for those who are in the lower spheres of recognition of humanity – as was the case of Marsha P. Johnson and Sylvia Rivera and continues to be the case of so many black and Latin trans persons, who continue to figure as the victims of many human rights violations.

In these 50 years of the Stonewall Riots, Race and Equality wants to renew our commitment to the resistance of people whose lives are marked by oppression based on their race, identity or gender expression, sexual orientation, class or nationality, and we take this opportunity to invite the entire LGBTI community to engage in a struggle for equality that does not close its eyes to those who do not enjoy white, gender, male and class privileges or any conditions that allow them to experiment a humanity that is not experienced by all. The struggle for equality cannot leave behind those who need it the most.

Civil Society Organizations from Latin America and the Caribbean will participate at the 49th OAS General Assembly

Throughout the 49th General Assembly of the Organization of American States (OAS) in Medellín, Colombia from June 25-28, the International Institute on Race, Equality and Human Rights (Race and Equality), alongside a variety of organizations from Latin American and Caribbean countries including Brazil, Colombia, the Dominican Republic, Bolivia, Peru, Ecuador, and Nicaragua, will coordinate several events discussing the panorama of human rights in the region, especially among vulnerable populations and in countries currently facing violence.

All events will be broadcast live on Race and Equality’s Facebook page. There will also be extensive coverage of the events on social media, under the hashtags #AsambleaOEA and #RazaeigualdadOEA

Below please find details for each of the events that Race and Equality will host during the regional summit:

INTER-AMERICAN FORUM AGAINST DISCRIMINATION

Objective: To reflect upon and analyze the situation of Afro-descendent people in Latin America and the Caribbean in the framework of the International Decade for People of African Descent.

  • Date: Tuesday, June 25
  • Time: 8:30am – 1:00pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

You can find the full program here (in Spanish only).

Opening:

Carlos Quesada – Executive Director of Race and Equality.

Panelists:
Erlendy Cuero Bravo – Vice-president AFRODES, Colombia
Paola Yánez – Regional Coordinador, Red de Mujeres Afrolatinas y Afrocaribeñas de la Diáspora
Margarette May Macaulay – IACHR Rapporteur on the Rights of Persons of African Descent and against Racial Discrimination
Christian King – Executive Director, Trans Siempre Amigas, Dominican Republic
Rodnei Jerico da Silva – Coordinador SOS Racismo, Brazil
Catherine Pognant, Director of the Office of Civil Society, Organization of American States
Juan Antonio Madrazo, National Coordinator, Comité Ciudadano por la Integración Racial, Cuba
Harvey Maradiaga, Coordinator ADISNIC, Nicaragua
Elvia Duque, representant of Race and Equality

Moderators:
Adriana Rodríguez –  Race and Equality
Cecilia Ramírez – Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP)

THE IMPLEMENTATION OF THE COLOMBIAN PEACE ACCORDS: SOCIAL INNOVATION AND DEVELOPMENT IN AFRO-COLOMBIAN TERRITORIES

Objective: To discuss the opportunities for meaningful and effective implementation of the peace accords in Colombia, while also identifying the causes of increased killings of Afro-descendent social leaders.

  • Date: Tuesday, June 25
  • Time: 5:00pm-7:30pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:
Ángela Salazar, Commissioner, Colombian Truth Commission
Nixon Ortiz, Fundación Arcoíris libre de Tumaco
Audes Jiménez, Red de Mujeres Afrolatinoamericanas y Afrocaribeñas y de la Diáspora (RMAAD)
Emigdio Cuesta Pino, Conferencia Nacional de Organizaciones Afrocolombianas CNOA
Melquiceded Blandon, Consejo Nacional de Paz Afrocolombiano (Conpa)

Moderators:
Elvia Duque, Race and Equality
Wilson Castañeda, Caribe Afirmativo

WHERE IS NICARAGUA HEADING? CHALLENGES TO HUMAN RIGHTS IN THE CONTEXT OF CRISIS


Objective:  To discuss the challenges facing Nicaragua after 14 months of crisis, particularly the obstacles to guaranteeing human rights in the country, and to discuss the path to renewed dialogue between the Nicaraguan Government and the Civic Alliance for Justice and Democracy.

  • Date: Wednesday, June 26
  • Time: 6:30-8:30pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:

Roberto Desogus, Coordinator for Nicaragua on the Office of the United Nations High Commissioner for Human Rights
Antonia Urrejola, Commissioner and Rapporteur for Nicaragua, Inter-American Commission on Human Rights
Sofía Macher, member of the Interdisciplinary Group of Independent Experts (GIEI), Nicaragua
Marlin Sierra, Executive director CENIDH
Azahalea Solís, member of Alianza Cívica and representative of the MAM
Lucía Pineda, Head of Press 100% Noticias

Moderator:
Ana Bolaños,  Race and Equality

LAUNCH OF THE IACHR REPORT “RECOGNITION OF THE RIGHTS OF LGBTI PEOPLE”

Objective: For the first time in Colombia, Race and Equality will debut the results of an IACHR study published in May on the advances that American states have made the protect the rights of LGBTI people, so that other countries can advance the agenda of equality, inclusion, and non-discrimination for the LGBTI community.

  • Date: Thursday, June 27
  • Time: 6:00-8:00 pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:

Antonia Urrejola, IACHR Commisioner and Country Rapporteur for Brazil, Cuba, Jamaica, Trinidad & Tobago, and Uruguay.
Ernesto Zelayandia, Fellow IACHR Special Rapporteurship on the Rights of LGTBI Persons
Sandra Milena Arizabaleta,  Somos Identidad, Colombia
Alessandra Ramos, Transformar, Brasil
Belén Zapata,  Red de Jóvenes Afroperuanos Ashantí, Perú

Moderator: 

Mauricio Noguera, LGBTI Program Officer, Race and Equality

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