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

“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

Journalists Lucía Pineda and Miguel Mora, as well as 100 other political prisoners from Nicaragua, were released from prison

Washington, D.C. June 11, 2019. The Nicaraguan authorities released 106 political prisoners this week, 100 men and 6 women, who were unjustly imprisoned for months. Among those released were two journalists represented by Race and Equality, Lucía Pineda and Miguel Mora, Editor-in-Chief and Director of the 100% News Channel, respectively.

The release of the political prisoners was done under the recently approved Law No. 996, the Amnesty Law, whose approval merited international condemnation for the impunity that it promotes with respect to crimes against humanity committed by the authorities and parastatal forces. This law threatens political prisoners with the loss of the amnesty if they again commit acts that constitute the crimes for which the law grants amnesty. The Nicaraguan authorities have not managed to address the clamor for justice for the victims of repression even after a year of the start of the April protests.

Despite this, Race and Equality is pleased that the political prisoners can return to their homes and are no longer exposed to the cruel, inhuman and degrading treatment and the poor conditions that do not correspond to international standards that they were subjected to in prison.

The release of the journalists, as well as the release of the student leaders, peasant leaders, activists, and human rights defenders who had had greater public exposure during the crisis that began in April 2018 was carried out with the support of the International Red Cross. Besides Mora and Pineda, among the freed political prisoners are: Medardo Mairena, Pedro Mena, Amaya Coppens, Edwin Carcache, Nahiroby Olivas, Brandon Lovo, Glen Slate, Ricardo Baltodano, Carlos Brenes, Yubrank Suazo, Christian Fajardo, Irlanda Jerez and Olesia Muñoz.

“Here (in Nicaragua) there is a dictatorship, there is torture, human rights are violated, there is no freedom of press or expression, media offices are confiscated. Here journalists, citizens, and young people are arrested. That’s the truth, and it’s up to all the journalists to say it,” Miguel Mora told local media. Lucía Pineda said: “we will continue to inform everyone all around the world.”

As of today, 100% News Channel is still under capture by the National Police after being confiscated by the authorities in December 2018.

As a part of of the negotiations between the Nicaraguan Government and the Civic Alliance for Justice and Democracy (ACJD, for its initials in Spanish), which have been suspended since the political prisoner Eddy Montes Praslin died as a result of a shot fired by a prison guard, the authorities had promised to release all political prisoners by June 18, at the latest. In its resolution granting provisional measures to 17 political prisoners, the Inter-American Court of Human Rights had also requested that the government evaluate granting alternative measures instead of deprivation of liberty to these individuals, including journalists Miguel Mora and Lucía Pineda.

In the last two months, the Nicaraguan authorities released more than 600 opponents who were imprisoned for demanding justice for the victims of repression and democracy for the country. However, the Pro-Liberation Committee of Nicaraguan Political Prisoners counts 80 people on their lists who are still in prison.

Race and Equality continues to demand the immediate release of political prisoners, who for months have faced arbitrary judicial processes, torture, degrading treatment, and other human rights violations that demonstrate Nicaraguan State’s failure to comply with its international commitments on human rights.

We also demand full freedom for all political prisoners released, expungement of their criminal records, and that they be allowed to fully exercise their citizenship rights without intimidation, coercion, or reprisals of any kind.

We reject the Amnesty Law approved in Nicaragua and continue to demand justice for the victims of repression

Washington, D.C. June 8, 2019. The National Assembly of Nicaragua approved today an Amnesty Law that allows for the release of 182 political prisoners who remain in prison and the termination of criminal proceedings for those who have been released after being detained in the context of the April’s protests. In exchange, no investigation will be carried out against those responsible for the lethal violence used by the State to suppress the protests, which caused more than 325 deaths, including 24 children and teenagers and 21 policemen. Additionally, two thousand people have been wounded.

Race and Equality recalls that the Nicaraguan government had already committed to release all political prisoners by June 18, through an agreement signed at the negotiating table that was attended by the Apostolic Nuncio Waldemar Sommertag, on behalf of the Vatican, and Luis Ángel Rosadilla, on behalf of the Organization of American States (OAS). Both served as witnesses of the process.

The draft Amnesty Law, sent yesterday to the National Assembly as a matter of urgency, was approved with 70 votes in favor. All of the votes came from deputies of the Sandinista National Liberation Front (FS.L.N.), the governmental party. According to the text of the law, the amnesty covers all political and common crimes, and “it extends to persons who have not been investigated, who are in investigation processes, who are in criminal proceedings to determine responsibility, and who are serving sentences”.

The proposal, like other decisions taken unilaterally by the government and its operators in the Nicaraguan Assembly (such as the recent Law of Reparation for Victims of Violence in Nicaragua and the Reconciliation Law), was not the subject of any debate. The proposal was adopted outside of the negotiation process between the Civic Alliance for Justice and Democracy and the governmental delegation, which has been suspended since the political prisoner Eddy Montes Praslin died as a result of a shot fired by a prison guard.

Race and Equality expresses its strong rejection of this Amnesty Law, which seeks to leave unpunished the crimes against humanity committed by police authorities and parastatal groups that occurred in the context of the repression of the protests of April 2018 and the subsequent months.

The approved law insists on the government’s narrative that what happened in 2018 in Nicaragua was an attempted coup d’état. This law goes against international standards in matters of truth, justice, and reparation, and therefore does not respect human rights or the peace of Nicaragua.

To date, the government has shelved all of the complaints filed by relatives of Nicaraguans who died as a result of the State’s repression, neglecting their legitimate claim for justice. Now, the Nicaraguan government intends to legalize the omission of its duty to investigate and punish such deaths. This includes not investigating crimes that were committed with the consent of the highest leaders of the governmental structure, such as assassinations, incarceration, persecution, rape, torture, and enforced disappearance, as verified by the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) regarding the 109 deaths that occurred between April 18 and May 30, 2018, which they managed to investigate.

We consider that the release of the political prisoners, as well as the cancellation of their criminal records and processes, should not be conditioned in any way on the exemption of the State’s duty to honor the lives of the victims of repression and investigate and punish those responsible for their deaths. Race and Equality demands the immediate and unconditional release of all political prisoners, who have been subjected to cruel and inhuman treatment for months.

The law passed today by the National Assembly demonstrates that the Nicaraguan government continues to disregard its international human rights commitments. We demand justice, truth, and reparation for the victims of repression. We consider it unacceptable that the Nicaraguan authorities continue to ignore these victims, as they do in the Amnesty Law.

We appreciate the Inter-American Court of Human Rights’ resolution requiring urgent measures for Lucía Pineda, Miguel Mora, and 15 other political prisoners

Washington, DC, May 22, 2019 – The President of the Inter-American Court of Human Rights, Eduardo Ferrer MacGregor, issued a resolution yesterday, May 21, requiring the State of Nicaragua to immediately adopt the necessary measures to effectively protect the health, life, and personal integrity of 17 persons who were imprisoned for having made use of their legitimate right to protest.

Among the beneficiaries of the provisional measures are journalists Miguel Mora Barberena, Director of 100% News Channel, and Lucía Pineda Ubau, Press Officer of 100% News Channel, both of whom are represented by the International Institute on Race, Equality, and Human Rights (Race & Equality), the Nicaraguan Human Rights Center (CENIDH), and Violeta Barrios de Chamorro Foundation (FVBCH).

Pineda Ubau, 45, was detained together with Miguel Mora, 55, on December 21, 2018.  That day, several police patrols broke into the 100% News Channel television station’s facilities at night bearing arms.  During the operation, they dismantled and removed journalistic equipment and illegally detained the journalists.  The detention of the journalists was, according to the Inter-American Commission on Human Rights (IACHR) a consequence of “alleged reprisals for the exercise of their journalistic activity and the right to freedom of expression.”

Mora and his relatives had received precautionary measures from the IACHR just eight days prior to his detention, and currently he is detained in the La Modelo Prison, while Pineda received precautionary measures on February 22, 2019 and to date remains in the La Esperanza Women’s Prison.  Both await an oral public trial for the crimes of inciting, proposing, and conspiring to commit terrorist acts.

The measures granted

The other beneficiaries are student Amayva Eva Coppens; the leaders of the Masaya April 19 Movement Cristhian Rodrigo Fajardo, Yubrank Miguel Suazo, and María Adilia Peralta; members of the Managua April 19 Movement Kevin Rodrigo Espinoza and Edwin José Carcache; campesino leaders Medardo Mairena Sequeira and Mario Lener Fonseca Díaz; university professor Ricardo Baltodano; businesswoman Irlanda Undina Jeréz; sisters Olesia Auxiliadora Muñoz Pavón and Tania Verónica Muñoz Pavón; and human rights defenders Jaime Ramon Ampié Toledo, Julio José Ampié Machado, and Reynaldo Lira Luquez.

The measures granted by the President of the Inter-American Court of Human Rights require the State of Nicaragua to immediately evaluate the granting of alternative measures to imprisonment for 12 of the beneficiaries, including journalists Miguel Mora and Lucía Pineda.  Five of the beneficiaries of the measures were imprisoned May 20, 2019 and placed under house arrest.

In addition, they provide, following the acquiescence of the State, that a delegation of the Inter-American Court of Human Rights will visit the Esperanza Women’s Prison and La Modelo Men’s Prison to interview the beneficiaries and diverse State authorities.  The Inter-American Court of Human Rights delegation will be comprised of its President, Vice President, another judge, the Secretary, and the Secretary’s staff.

In accordance with the provision of the President of the Inter-American Court of Human Rights, the State of Nicaragua must report no later than June 1 on the urgent measures it has adopted in order to comply with the resolution.

Our position

Race & Equality, CENIDH, and the Violeta Barrios de Chamorro Foundation, in our capacity as representatives of Miguel Mora Barberena and Lucía Pineda Ubau, embrace with hope the resolution issued by the President of the Inter-American Court of Human Rights regarding the 17 people imprisoned in Nicaragua who are in a state of extreme gravity and urgency and in need of preventing irreparable harm in the face of the continuous torture, assault, and ill treatment they receive from the authorities and prison officials.

We urge the State to immediately ensure compliance with the resolution issued yesterday by the President of the Inter-American Court of Human Rights, and that it fulfill its obligation to guarantee that the detained persons are in conditions compatible with the respect for their human dignity, their right to health, and their personal wellbeing.  In addition, we expect the State of Nicaragua to guarantee the beneficiaries’ access to the visits of their relatives, lawyers, and doctors so their physical ailments can be duly addressed.

 

Signed:

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

Nicaraguan Human Rights Center (CENIDH)

Violeta Barrios de Chamorro Foundation (FVBCH)

 

International Day Against Homophobia, Biphobia and Transphobia.

While commemorating the International Day Against Homophobia, Biphobia and Transphobia, we remember the unmet obligation of all countries, especially those in Latin America and the Caribbean, to support persons with diverse sexual identities and gender expressions, as well as to acknowledge and protect their rights. Respect for these rights must be the base for creating public policies and programs that create diverse, peaceful, and just societies.

Although there has been considerable progress in the recognition of LGBTI rights for people around the globe, violence that endangers the physical and moral integrity of those who express diverse sexual orientations or gender identities is still prevalent. A general lack of concern and complicity on the part of the general population perpetuates and makes it impossible to overcome structural violence against LGBTI people. In addition, the lack of access to health, education and work services of these individuals reproduces dynamics of poverty, discrimination and violence.

In Latin America and the Caribbean, acts of hate and discrimination are often based in religious beliefs or principles. These dogmas frequently restrict identity to binary gender norms that do not recognize diverse expressions, and prevent this population from asserting their rights in social and political spheres.

The Experience of LGBTI People in Latin America 

The outlook for LGBTI people in Latin America and the Caribbean for 2019 continues to be discouraging. They are facing the threat of losing advancements that were already fought for and won because of efforts of fundamentalist groups that are continuously spreading misinformation and stigma against LGBTI individuals.

Similarly, it is concerning that intolerance continues to be one of the main motives behind murders committed against LGBTI people, which are often carried out with excessive cruelty. Statistics on these crimes are mostly collected and analyzed by civil society, while States show a lack of interest in collecting this information or in adequately documenting and investigating these crimes.

Brazil, for example, is a country with one of the highest rates of murders of trans persons, according to a report presented by Brazil’s National Association of Travesties and Transsexuals (ANTRA) and the Brazilian Trans Education Institute (IBTE). The report documents that in 2018 alone, a total of 163 trans individuals were violently murdered because of their sexuality and gender expression. According to ANTRA’s president Keila Simpson, these cases occurred during an election period and were motivated by anti-LGBTI speeches given by some of the Brazilian presidential candidates. This situation continues to deeply concern civil society organizations that are working on the defense of LGBTI rights, especially in the context of the current Bolsonaro regime in Brazil. This regime has emphatically refused to denounce or even acknowledge the existence of the concerning violations of LGBTI people’s rights.

Likewise, in the Dominican Republic, the situation for LGBTI people is alarming because of the lack of public policies that promote social acceptance. Civil society organizations have reported many cases of violence against these individuals, but they are not taken into account by state institutions or mass media. According to the last annual report made by the Inter-American Commission on Human Rights, this situation results in greater discrimination against LGBTI people, who also face discrimination based on nationality, race, ethnicity, religious beliefs, gender, etc.

The Dominican State’s refusal to acknowledge the rights of LGBTI rights allows for social acceptance of violence and aggression towards these individuals. Even state authorities often do not see this violence as a problem, as described in a report published by Amnesty International and TRANSSA Trans Siempre Amigas on abuse, violence, and police harassment against trans women sex workers. These women are victims of constant acts of violence perpetuated by police agents who are motivated because of prejudices around their gender identity.

During this significant day, it is important to consider the difficulties that people with diverse sexual identities and gender expressions have in accessing justice. Particularly, laws and government programs in most of the countries of the region have partially or completely ignored the specific ways the LGBTI population’s rights are violated. State responses to these violations must be designed for the specific needs of this population. For example, according the Victims Registry (Registro Único de Víctimas – RUV), created as a part of the Colombian peace process, 3.368 victims of the armed conflict are reported and recognized as LGBTI. Most of them are reported as victims of forced displacement, threats, homicides, and crimes against sexual freedom and integrity. However, one person may have been victim of multiple crimes. Colombia must use these statistics to create programs to address the specific needs of the LGBTI population, who have been victimized in multiple ways.   

Challenges for inclusion

To decrease the poverty and marginalization experienced by LGBTI individuals, shared prosperity for all social groups must be promoted. States have a duty to work toward this, given that one of the principles of the Sustainable Development Goals (SDGs) is to “not leave anyone behind.” Additionally, the five areas for the protection of LGBTI people prioritized by the United Nations Development Program (UNDP) are: 1) economic wellness; 2) personal safety and elimination of violence; 3) education; 4) healthcare; and 5) political and civic participation.

There are still many challenges in the region for protecting the rights of LGBTI people. One of these challenges is the lack of data about the LGBTI population and their needs. If States have no information on LGBTI people, they cannot design programs that will have the needed impact. This lack of data also impedes the development of progressive policies that can achieve the SDGs and the goals of the UNDP.

LGBTI people are victims of intersectional forms of violence that interact with prejudices about their sexual orientation or their gender identity. For example, the violence against an Afro-descendent trans woman who lives in a rural area must be thought from an intersectional perspective that considers these different aspects of identity. This intersectionality is lived by many LGBTI individuals and is not contemplated by States when planning strategies to guarantee their rights. In consequence, gay, lesbian, bisexual, transsexual, and intersexual individuals are revictimized because their reality is not adequately analyzed.

Regional governments should start implementing intersectional policies that recognize the multiple oppressive experiences lived by each person. These policies must recognize that individuals do not fall under one category, but experience the world in ways influenced by their many different identities, including race, age, sexual orientation, and gender identity. In most cases, these identities interact and are experienced intersectionally. Having separate policies for different population categories continues to isolate people and produces more barriers to access to rights.

Secondly, there must be recognition of the particularly vulnerable populations that require immediate and clear protection from the State. Homicidal violence and violence perpetuated by State armed agents against trans people in general, and Afro LGBTI people in particular, shows the need for a prompt solution. The structural discrimination against this population requires a significant intervention from the States and should be prioritized in the region in order to substantially decrease those cases of violence and abuse.

Finally, the current context shows an increase in the popularity of religious fanaticism, which endangers not only the safety and integrity of LGBTI individuals, but also the development of democratic and secular States. Religious fanaticist ideas are boomerangs that tend to hit their own promoters. Tactics of moral blame, sexual repression, or criminalization of people based on religious beliefs promote social instability and lead to a radicalization of opinions and actions. The defense of a secular State is more important than ever when specific religious groups are trying to violently impose their beliefs on others.

Statement 

The Institute on Race, Equality and Human Rights (Race & Equality) joins its voice to thousands of organizations working for the protection of LGBTI people’s rights so that “Justice and Protection for Everyone” can be a commitment assumed by the States and a reality for all individuals. In making this commitment, policies and actions have to be made to protect those that have historically been more vulnerable and oppressed by those who have abused their power.

Race & Equality is aware of the importance of listening to the voices of LGBTI people and calls on States to promote education and dialogue so that inequality, discrimination, and marginalization can be eradicated. Likewise, we urge the international community to continue making statements to promote the protection of LGBTI individuals, especially in this moment of crisis for human rights throughout Latin America and the Caribbean.

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