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””

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.

STATEMENT: We condemn the death of Eddy Montes, a Nicaraguan political prisoner

Washington, D.C. May 17, 2019. Mr. Eddy Antonio Montes Praslin, a political prisoner of the Nicaraguan Government who was in the custody of the Jorge Navarro prison authorities (better known as “La Modelo”), died yesterday of a gunshot wound inflicted by a prison guard.

The Nicaraguan Minister of the Interior, Luis Cañas, said that Montes Praslin, 57, died at 16:05 hours “while he was being attended by emergency medical personnel who performed a resuscitation procedure.”

According to the official version, the prison guard fired a shot in self-defense after Montes Praslin “rushed the penitentiary staff at the security zone,” struggling with one of the guards “with clear intentions of taking his police weapon and menacing the life of the officials.”

However, the version of other political prisoners documented by local media is that it was an operation in which officials opened fire on several inmates who were in Gallery 16 of “La Modelo.” Unofficial sources have stated that between 17 and 33 prisoners were injured as a result of the attack. We recall that Nicaragua has been immersed for a year now in a context of serious violations of human rights and impunity.

Mr. Montes had been in prison since October 2018 and was charged with crimes he allegedly committed in the context of the April protests. In a disproportionate response, the Seventh Judge of the Hearing, Abelardo Alvir Ramos, ordered pretrial detention without bringing him before judicial authorities within the time required by law. There were also other violations of due process, such as the fact that his case was taken away from the judge that should have had jurisdiction, his presumption of innocence was violated, and the privacy of the process was not respected. The trial, held in the Seventh Criminal District Court of Managua by Judge Melvin Leopoldo Vargas García, was scheduled to begin on May 13 but was rescheduled.

Race and Equality expresses its strong condemnation of the serious human rights violations committed by prison guards yesterday at the Jorge Navarro prison against the right to life, the most fundamental of human rights. This tragic incident demonstrates how the life and personal integrity of political prisoners are at a high risk.

We recall that in relation to persons deprived of liberty, the State has the position of guarantor, in such a way that it is obliged to respect and guarantee the rights of persons deprived of liberty when they are subject to the effective control of the State. This has been emphasized by the Inter-American Commission on Human Rights (IACHR), for two decades now.  In its Special Report on the Situation of Human Rights in the Challapalca Prison, the IACHR asserted that the State, by depriving a person of their liberty, is placed in a position of guarantor of his or her life and physical integrity.

Therefore, we demand that the facts denounced here, as well as the other acts committed against the political prisoners who were also wounded yesterday are investigated in an independent and exhaustive manner and that those responsible for the death of Mr. Eddy Montes and wounding of other political prisoners are punished.

We urge the State to take all preventive measures so that events such as those reported here do not recur and we demand the immediate release of all persons deprived of liberty in the context of the April protests.

 

Main photo: EFE

UPR: States issue recommendations to Nicaragua to ensure respect for the human rights of its citizens

Geneva, May 15, 2019. The call for the State of Nicaragua to respect the human rights of its citizens, including freedom of expression and the right of peaceful demonstration and association, was one of the most recurring recommendations from the more than 90 States that reviewed Nicaragua today during the Universal Periodic Review (UPR), held within the Human Rights Council of the United Nations in Geneva.

The recommendations given to the Nicaraguan State, 259 in total, come after a year of crisis during which serious human rights violations were committed by the authorities and parastatal groups against the population holding demonstrations. As a result, at least 325 people were killed, more than 2,000 were injured, and 62,000 people were forced to flee the country.

Other States issued recommendations to Nicaragua to release the more than 300 political prisoners in the country, to investigate the violent acts that occurred in the context of repression that started in April 2018, and to allow scrutiny by international human rights organizations such as the Inter-American Commission on Human Rights (IACHR) and the Office of the UN High Commissioner for Human Rights (OHCHR), both expelled from the country by authorities.

The State of Nicaragua, represented by Vice Chancellor Valdrack Jaentschke, presented a summary of its country report on the progress of the measures adopted by the State over the past five years to improve the human rights situation. He also repeated the official version of the government, according to which there were no spontaneous demonstrations in Nicaragua, but rather a failed coup d’état.

Jaentschke, taking distance from a widely documented reality, insisted on defending Daniel Ortega’s Administration and denied that the authorities of Nicaragua restrict freedom of expression, repress protests, imprison unjustly protesters, or help parastatal groups suppress demonstrations.

Participation of the States

A total of 94 States made recommendations to Nicaragua to improve the human rights situation in that country, including several Ibero-American delegations such as Honduras, Mexico, El Salvador, Argentina, Peru, Uruguay, Paraguay, Venezuela, Cuba, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Haiti, Bahamas, the Dominican Republic, and Spain.

“My country recommends (Nicaragua) to decriminalize the right to hold peaceful protests and to free persons arbitrarily detained in the context of civil protests; to restore respect for freedom of expression and the press and free journalists who are imprisoned; to guarantee that all the people who were forced to leave Nicaragua since the beginning of the crisis can return, remain in the country in safety, and be free from reprisals; to eradicate the practice of sexual violence against women deprived of their liberty; and to resume the cooperation of Nicaragua with the Office of the High Commissioner, the IACHR and its mechanisms, and to assure them of all the guarantees necessary for the fulfillment of their mandates,” the representative of Costa Rica said.

The delegation of Spain also expressed concern over the human rights crisis in Nicaragua, along with other European countries such as Germany, France, Greece, Italy, Luxembourg, the Netherlands, Portugal, Poland, Switzerland, Sweden, Austria, Belgium, Denmark, and Malta.

The US delegation recommended that Nicaragua punish the officials, agents, and parapolice officers that have been responsible for human rights abuses, conduct investigations into the acts of violence, and allow social and religious organizations to work without restrictions or threats with legal punishment or against their lives.

Other recommendations that were made to Nicaragua were focused on respecting the guarantees of women’s sexual and reproductive rights, such as allowing access to voluntary abortion and expanding measures to reduce levels of teenage pregnancy. In addition, States recommended implementing measures to reinforce and promote equality for Afro-descendant and indigenous people, and that an LGBTI census is conducted to expand protection measures for these communities.

Process

The UPR is one of the main tools of the Human Rights Council in which countries examine each other. These recommendations are fundamental for Nicaragua to overcome the current situation of serious human rights violations and to comply with the international obligations acquired through the ratification of the human rights conventions to which Nicaragua is a party.

The recommendations given today by delegations from around the world will be reviewed by the State of Nicaragua, which will decide in September what recommendations it will commit to fulfill or of which it will only take note.

This is the third time that Nicaragua has been subjected to scrutiny under the UPR, but human rights defenders working in the country recently reported that a significant part of the 164 recommendations acquired by Nicaragua in the 2014 UPR were not fully implemented.

Recently, the Human Rights Council of the United Nations approved a resolution that allows that body to establish a system for monitoring and presenting periodic reports on the current human rights crisis in Nicaragua.

Pronouncement

The delegation of Nicaragua affirmed during the UPR review that there has been progress in access to justice, particularly for the victims of the events of April, and that the media conduct their work without prior censorship or limitations.

The Nicaraguan Vice Chancellor even claimed that no journalist has ever been arrested for exercising the right to inform, suggesting that those in prison have committed illegal acts. However, Miguel Mora, Lucía Pineda, and Marlon Powell were all arrested for their work as journalists.

In addition, he discredited the OACNUDH and the IACHR, insisting that the barricades or roadblocks in the country were centers of criminal operations. He tried to justify the disproportionate use of force used by the police, accused of having executed crimes against humanity, arguing that these forces reestablished public order and acted against what he described as “pockets of violence and terror.”

Regarding freedom of association, he said that the reason why nine organizations had their legal status cancelled was because those NGO’s were used to forge the alleged attempted coup d’etat.

Race and Equality considers it unacceptable that one year after the April protests, the Government’s narrative continues to ignore and cast aside the large body of evidence against the government that exists, without accepting its responsibility in the repression of protests.

We believe that it is unacceptable to continue denying the lives of citizens who protested and were met with death, as a result of State repression. In addition, we consider it inexcusable that instead of taking advantage of the technical assistance that could be supplied by the protection bodies of the regional and universal human rights system, the regime has chosen instead to discredit these important mechanisms.

We hope that the State of Nicaragua accepts the recommendations made and takes the necessary steps to respect freedom and to restore of democracy with the urgency that the situation requires.

Human rights defender Vilma Núñez asks the IACHR to demand respect for the right of association in Nicaragua

Jamaica, May 9, 2019. Yesterday, the President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), Vilma Núñez, asked the Inter-American Commission on Human Rights (IACHR) to address the State of Nicaragua in conjunction with the relevant bodies of the United Nations regarding the right to freedom of peaceful assembly and association in the country. That right that has been widely violated by the authorities during the crisis that has enveloped Nicaragua since April 2018.

Núñez’s request was made during the regional hearing entitled “Human rights, development and freedom of association” during the 172nd session of the IACHR. The hearing occurred five months after the CENIDH’s legal status was invalidated.

“Thirty years of work by CENIDH were practically eliminated on December 12, 2018, when the National Assembly, controlled by the Ortega-Murillo presidential couple, annulled our legal status,” Núñez said. “On the night of December 13, the Ministry of the Interior gave the order to break into our offices in Managua, and 60 policemen forcefully entered through the roof. They tied our guard’s hands and feet together, beat him, and forced him to remain under a desk for four hours. They destroyed and stole everything,” she added.

Nuñez explained that the Chontales office of CENIDH was also ransacked by the police. On December 14, the organization’s bank accounts were frozen.

Eight other NGOs in the same situation

In addition to having canceled the legal status of CENIDH, the National Assembly invalidated the legal status of eight other Nicaraguan organizations: the Let’s Do Democracy Association, the Center for Health Information and Advisory Services (CISAS, for its initials in Spanish), the Institute for Strategic Studies and Public Policies (IEEPP, for its initials in Spanish), the Segovias Leadership Institute, the River Foundation, the Institute for Development and Democracy (IPADE, for its initials in Spanish), the Popol Na Foundation for Municipal Promotion and Development, and the Communication Investigation Center (CINCO, for its initials in Spanish).

“Repression has an impact on the development of our country in all aspects, since development requires a basic dialogue between the government and civil society, a smooth cooperation between governors and the governed. CENIDH, as well as the other organizations legally invalidated, represented a legitimate expression of citizen participation for the defense and promotion of human rights,” Núñez emphasized.

The human rights defender also denounced that the National Assembly that outlawed nine NGOs has granted legal status to parastatal associations, including the one named “Defenders of the nation.” “This is the legalization of paramilitarism in our country,” stated Núñez.

Petition

Núñez asked the IACHR to accurately assess the status of violations of the right of association in Nicaragua and to include this information in its report on the country.

In addition, she requested that the IACHR demand that the State of Nicaragua, in conjunction with the UN Special Rapporteur on the right to freedom of peaceful assembly and association, respect the right to freedom of association, the right to collectively defend rights, and consequently, immediately restore  the legal status of CENIDH and the other eight NGOs and return all of their assets.

Reactions

Other human rights defenders from Ecuador, Bolivia, Brazil, Venezuela, and Colombia also participated in the hearing to denounce violations of the right to freedom of association in their respective countries.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Clément Nyaletsossi, urged defenders to send his office information that can be used as an input on his next report and called on States to eliminate any restrictions on this human right.

“Today we see how, in Venezuela and Nicaragua, the living conditions of citizens are deteriorating because civil society cannot offer their services. Civil society must stimulate and mobilize communities to fight against inequities,” he said.

During the hearing, the Special Rapporteur for freedom of expression of the IACHR, Edison Lanza, revealed that his office is working on a thematic report on social protest in the Americas. “The idea is to develop clear standards regarding the interaction and connection between freedom of peaceful assembly and association with the development of democracy, and economic, social, and cultural rights in the countries,” he explained.

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