IACHR Rapporteur for Nicaragua: “We will continue to monitor the situation, accompanying and listening to the victims”

IACHR Rapporteur for Nicaragua: “We will continue to monitor the situation, accompanying and listening to the victims”

The work of monitoring, documentation, denunciation, and condemnation of the Inter-American Commission on Human Rights (IACHR) has been essential since the beginning of the serious sociopolitical and human rights crisis in Nicaragua. Recognizing their work, on the fourth anniversary of the civic rebellion of April 2018, the Institute on Race, Equality and Human Rights (Race and Equality) interviewed the IACHR Rapporteur for Nicaragua, Esmeralda Arosemena, about the role that this agency has played in the situation that the country is going through since April 2018 and what could be the next steps to achieve truth, justice, reparation and non-repetition for the victims of violence and repression.

In a report published in October 2021, the IACHR warned that in Nicaragua there is a weakening of the rule of law and a profound deterioration in the area of Human Rights that has been brewing for two decades. What progress or setbacks have there been in Nicaragua in terms of Human Rights since the publication of this report (October 2021)? What new patterns have been identified and what is currently of greatest concern?

The report includes several elements that account for what its title indicates, concentration of power and weakening of the rule of law in Nicaragua. In November 2021, elections were held in a context of repression, corruption, electoral fraud, and structural impunity, which made it possible to ensure that the Executive remains in power and, in turn, consolidate an anti- democratic regime in the country.

The IACHR observes that the State continues with a strategy aimed at keeping civic and democratic space co-opted by imposing a perpetual police state, and new measures and laws that arbitrarily restrict the rights of the population. Recently, from the IACHR, we rejected the massive and forced closure of civil society organizations, foundations, universities, cooperation and development agencies, feminist groups, medical unions, among others.

On the other hand, we are very aware of the violation of criminal law, including (those) included in the constitutional norms of the country; and the criminalization of people identified as opponents of the government, an element that responds to the lack of judicial independence and separation of powers of a Public Ministry and a Judicial Power subject to the will of the government in a clear detriment to the rule of law and the democracy. This is in memory of the political prisoners who, between February and March, were tried and sentenced to very high sentences, without judicial guarantees.

Four years have passed since the beginning of the crisis in the country, and the Ortega and Murillo regime continues without responding to the recommendations and precautionary measures granted by the IACHR and fails to comply with sentences and resolutions of the Inter-American Court. How do you assess this position of Nicaragua? What is the position of the IACHR to contribute to the end of the repression and the way out of this crisis? What additional international mechanisms or instruments exist for accountability in Nicaragua?

Among the roles that the IACHR has is to raise awareness about human rights, make violations visible, and make use of its protection mechanisms such as precautionary measures. In this sense, we will continue to monitor the situation, accompany, and listen to the victims, and demand that Nicaragua restore its democracy and repair the serious and unacceptable violations that continue to occur under a regime that decided not to be democratic.

The Commission has assessed the lack of compliance with its recommendations for the inclusion of the State of Nicaragua in section B of Chapter IV of its Annual Report for three consecutive years. We have granted more than 30 precautionary measures to people, leaders, political opponents for being in a situation of risk and irreparable damage to their rights. For its part, the Inter-American Court in 2021 communicated to the OAS the contempt of the State of Nicaragua for the provisional measures issued in favor of the release of political prisoners in the country. This exemplifies that the organs of the Inter-American System are making use of all available conventional tools to contribute to compliance with the recommendations made to the State.

We must remember that the Interdisciplinary Group of Independent Experts (GIEI) for Nicaragua was a body established through an agreement between the General Secretariat of the Organization of American States (GS OAS), the IACHR and the Nicaraguan government to investigate the acts of violence that occurred in the period from April 18 to May 30, 2018. The GIEI presented its report that reported the serious violations that occurred and continued. Subsequently, the IACHR installed its Special Follow-up Mechanism also for Nicaragua (MESENI) to continue monitoring and raising awareness. Now the United Nations has resolved to establish a group of experts to investigate human rights violations in Nicaragua.

Recently, in a hearing of the IACHR, it stated that it had tried to establish a dialogue with the State but had not received any response . Do you think there are possibilities of obtaining a positive response from the State in the short term? What results can be expected from this dialogue?

The Inter-American Commission has permanently expressed its willingness to collaborate technically with the State for the restoration of human rights, the rule of law and compliance with the recommendations. From our role, we will continue to insist that the national dialogue with the organizations that fulfill the function of defending and promoting human rights is one of the ways that must be assumed in any democratic system for reparation, for the memory, truth, and justice.

You have previously stated that political prisoners are a priority for the Commission. From your Office of the Rapporteur: Do you see progress that could result in the prompt release of political prisoners? What other efforts are planned to demand the release of these people?

For the Commission, the 171 political prisoners are a priority, and it will continue to work for their release, as well as to guarantee due process and access to a defense. However, as I mentioned before, we regret the lack of will of the State to comply with the recommendations made and release them immediately. Due to the foregoing, the Commission will continue to make use of all its mechanisms so that prisoners are released and receive justice and reparation.

In my capacity as rapporteur for Nicaragua, I will continue to accompany the women and men who are political prisoners today, through their families, friends, and their lawyers.

As Rapporteur for Indigenous Peoples, what is your assessment of the recent cancellation of the human rights organization for indigenous peoples and Afro-descendants CEJUDHCAN? What challenges exist in relation to the state obligation to respect the self-determination of these peoples in Nicaragua?

Without a doubt, the closure of this organization (CEJUDHCAN) has serious consequences for the protection of the traditional rights and territories of the peoples of the North Caribbean Coast of Nicaragua. In this regard, members of different communities have denounced the serious effects that the closure of this organization has for the protection of their rights, lands, and traditional territories in a context of systematic attacks by “settlers” (non-indigenous third-party invaders). It is worth remembering that the individual and collective rights of indigenous peoples, civil, political, economic, social, cultural, and environmental rights are closely linked to their own lands, territories, natural resources, social, cultural, and political institutions, and their self-determination.

In the report on the right to self-determination of indigenous and tribal peoples of the IACHR, reference is made to the fact that the different constitutive elements of self-determination such as political participation, consultation, and free, prior and informed consent, are part of commitments and States’ obligations under international instruments. This is one of the challenges that the States, including that of Nicaragua, have with respect to indigenous peoples and Afro-descendants.

On March 7, the United Nations High Commissioner affirmed that “the Indigenous Peoples of Nicaragua have continued to suffer violent attacks in the context of territorial disputes, most of them with total impunity.” Given this background: In what way do you think the IACHR could coordinate with the United Nations System to seek an improvement in the situation of lack of protection in which indigenous peoples live?

Since the beginning of the crisis, the IACHR has been working in coordination with the Office of the United Nations High Commissioner for Human Rights (OHCHR) to address serious human rights violations. Last year, given the intensification of the repression in the context of the elections, the IACHR also announced that they were reinforcing this work, as well as the intention to establish articulated strategies to provide timely responses to the situation observed in the country […]

On March 23, the former Nicaraguan ambassador to the OAS, Arturo McFields, denounced crimes against humanity committed by the Ortega regime against Nicaraguan citizens: How important is this complaint to the IACHR? Could it be taken as further evidence of the deterioration of the human rights situation?

The IACHR considers that the statements by Ambassador Arturo McFields confirm the serious human rights violations that are being committed in the country, the institutional deterioration, and the sharpening of the Executive’s strategy to silence dissenting and opposition voices […] It also demonstrates the persistence of a police state that, in coordination with government groups, attacks, monitors, threatens, and harasses any person identified as an opponent, and this, in this case, is reflected in the dismissal of Arturo McFields as Nicaraguan ambassador to the OAS .

What is your message for Nicaraguan citizens, particularly for the victims of state violence? What call do you make to the Government of Nicaragua? What is your message to the international community and other States in the region in the face of the deepening of the crisis?

Four years after the beginning of the human rights crisis, the IACHR reminds the victims, their relatives, and civil society organizations that it maintains its permanent commitment to continue working to achieve justice and reparation, the reconstruction of democracy, and ensure that national reconciliation arrives with memory and historical truth. From our role, we will tirelessly ensure that the protection of life and physical integrity of each person is guaranteed, as well as the freedom of expression of the Nicaraguan people.

Nicaraguan NGOs: “Justice for Nicaragua will come”

There are innumerable human rights violations that the Daniel Ortega regime has committed against opposition figures in Nicaragua since the outbreak of the protests in April 2018, to which he responded with repression, violence, torture, arbitrary arrests, and spurious trials. The repression left 355 fatal victims, 1,614 arbitrary detentions whose cases are still in impunity, in addition to forcing more than 110,000 Nicaraguans into exile.

Four years have passed and although the situation is critical for the Nicaraguan opposition, civil society organizations continue to document cases, either in the country or from exile, in order to bring them before international justice and obtain reparation for the victims, among them more than 181 political prisoners.

The Institute on Race, Equality and Human Rights (Race and Equality), spoke with Alexandra Salazar, Coordinator of the “Legal Defense Unit (UDJ)”, who works in the judicial processes that are carried out on political prisoners in Nicaragua and Wendy Flores, coordinator of the |Colectivo de Derechos Humanos Nicaragua Nunca +|, on the work of accompanying the victims of repression in Nicaragua in their search for justice, the processes that have been carried out to bring the cases before international organizations and the steps that come next so that there is justice and reparation in the country.

Salazar believes that the renewal of the mandate of the High Commissioner for Human Rights and the creation of the group of experts for Nicaragua will contribute to promoting investigations that guarantee justice for all the victims of Ortega’s repression since April 2018.

The documentation of all the facts is one of the most important steps to achieve justice. In this regard, Salazar considers that such documentation is a challenge for national and international organizations that no longer have direct access to the processes carried out within the National Police that lead to the prosecution of opponents in Nicaragua. Despite the lack of access, Salazar indicates that they will continue to carry out the documentation that is necessary to be able to assign responsibility or point out violations of due process.

“The repression is so intense and persistent that it has led to silence, a deep fear of reporting for fear of reprisals that can lead to arrests,” Salazar warns, despite this, family members and victims continue to report and contribute. evidence that is expected to be presented in impartial trials of domestic and international jurisdiction.

Against Impunity

In 2019, the Daniel Ortega regime approved the disputed Amnesty Law (Law No. 996), with which they released political prisoners who were still in jail after the 2018 demonstrations and had not been previously released, an action that benefited all those people captured illegally.

However, Flores recalled that the main purpose of the amnesty was also to leave “crimes against humanity and serious human rights violations” committed by the regime against the civilian population in impunity. But if something has allowed these crimes not to disappear from people’s minds, it is that their relatives, supported by organizations that watch over human rights, continue to denounce and document the events.

“The international community has the opportunity, through its different mechanisms and procedures, to determine the responsibility of the State of Nicaragua for the serious human rights violations committed in 2018 to the present, but also to direct actions aimed at ensuring that the intellectual authors and materials of these crimes are duly judged, “explained Flores.

Political prisoners keep increasing

In the Ortega prisons there are 181 political prisoners. Some of them have been deprived of liberty since 2018, while others are about to complete their first year behind bars. Recently, several political prisoners were sentenced under processes questioned by the lack of impartiality of the Nicaraguan Judiciary and a Prosecutor’s Office in charge of falsifying evidence against the detainees, as documented by the independent media.

The number of political prisoners continues to rise and a week before the fourth anniversary of April 2018, the Police continue to besiege the homes of the families of victims of the lethal repression of 2018 and arrest citizens for the sole fact of being identified as opponents.

Flores recalls that since 2018 in Nicaragua there have been more than 800 criminal trials “against protesters, activists, journalists, human rights defenders, political opponents, businessmen and anyone who publicly dissents from the Government.”

Organizations have identified patterns within these processes that vary, depending on the stage of repression that the regime is developing. For example, the first trials had the characteristic that the defendants were accused of terrorism, obstruction of functions, damage to property, murder, among others; while in a second stage “they were accused of common crimes such as robbery, drug trafficking, and in this current repressive stage; we find crimes related to the Cybercrime Law and the Sovereignty Law,” says Flores.

Processes do not meet international standards

Salazar added that none of the processes carried out against members of the opposition, human rights defenders, activists, and journalists have complied with international standards and the detainees are not given information about the reasons for which they are taken, they are stripped of their right to have an effective technical defense, timely access to the files and much less the indispensable representation during the judicial process.

In addition to this, political prisoners are victims of psychological torture, Salazar pointed out, since the Police interrogate them daily and deprive them of adequate food and, according to the complaints of their relatives, even blankets to help them shelter from the cold of the night.

“We have filed appeals against the sentences, and all of them have been ineffective and there is full coordination and none in favor of guaranteeing access to effective and real justice for political prisoners,” says Salazar.

In favor of the release of political prisoners in Nicaragua

In March 2022, the United Nations Human Rights Council adopted a resolution on Nicaragua to establish a group of experts that must “carry out exhaustive and independent investigations into all alleged human rights violations” committed in the country since April 2018.

This, according to Flores, will allow the UN to know the facts and “hold the perpetrators or material authors accountable” for these violations, which is a positive step in bringing justice to the families of the victims.

“The results of this investigation could lead to potential openings of proceedings under universal jurisdiction or, in the future and with a change of government, the jurisdiction of the International Criminal Court may be accepted, and these crimes committed be recognized so that they be duly sanctioned”, mentions Flores, while Salazar adds: “we have the voices of the victims themselves”, as witnesses of the crimes.

“This generation does not accept a clean slate”

Although four years have passed since the beginning of the repression and the lives of thousands of Nicaraguans have changed as a result of political persecution, human rights violations and widespread violence, organizations that work for human rights call for not to lose hope that justice will come to Nicaragua.

Salazar mentions that “we are fully certain that sooner or later justice for Nicaragua will come and it has to be real, true and under mechanisms that generate certainty and confidence that the processes are impartial.”

“Unlike the past or our history as Nicaraguans, this generation does not accept “forgiveness and forgetfulness” or the “clean slate” as a recipe, therefore, they must maintain the hope that their voices, their demands, and their constant struggles, will contribute to the different processes of searching for truth, justice, and reparation”, encouraged Flores.

Nicaragua, four years of impunity: Race and Equality launches a campaign that demands truth, justice, reparation, and no repetition for crimes against humanity

Washington DC, April 13, 2022.- On the fourth anniversary of the sociopolitical and human rights crisis in Nicaragua, the Institute on Race, Equality and Human Rights (Race and Equality) launches the campaign “Nicaragua, four years of impunity” to denounce the serious violations of human rights that continue to occur in the Central American country, and to join the demands of processes that guarantee truth, justice, integral reparation of victims and non-repetition for crimes against humanity perpetrated in the framework of the violent and systematic repression of the civic rebellion of April 2018.

In addition, Race and Equality urges the international community to send a message to fight against impunity.

Context

Since April 2018, Nicaragua has been going through a deep crisis characterized by state and parastatal repression, the prolonged breakdown of the State of Decree, restrictions on civic space and the persistence of a situation of generalized impunity. This situation is manifested in severe violations of human rights that to this day have resulted in: 355 unpunished lethal victims, more than 2,000 injured protesters, at least 1,614 arbitrary arrests, the exile of more than 110,000 Nicaraguans, the growing criminalization of journalistic exercise, the closure of more than 114 civil society organizations, the upsurge of attacks against indigenous and Afro-descendant people on the Caribbean coast, and the permanence of more than 170 political prisoners under conditions that fail to comply with the Minimum Rules of the United Nations for the Treatment of Reclusive Persons (Nelson Mandela Rules) and the Internal Law on Human Rights, which may qualify for cruel, inhuman, degrading treatment, physical and psychological torture. These conditions are particularly violate 14 women, 13 people of third-age and people with chronic illnesses who are deprived of freedom.

The regime of Daniel Ortega and Rosario Murillo continues to fail to comply with all the recommendations of the international mechanisms of human rights for the restoration of democratic institutions and guaranteeing human rights in the country. Last year (2021), in the pre-electoral context -mainly in the months of May and June, Daniel Ortega, in his effort to secure his fourth consecutive term, imprisoned 47 people. Among these people are found all those who have expressed their willingness to be candidates for the presidency of Nicaragua, as well as student and peasant leaders, journalists, businesspeople, people defending human rights, among others.

These illegitimate votes from last November, which gave Ortega the victory, allowed to glimpse the erosion of democracy and the perpetuation in the power of a government that systematically violates the human rights of the Nicaraguan population, and were questioned by the European Parliament, the United Nations (UN) and the Organization of American States (OAS). The latter assures that “they are not free, fair or transparent and do not have democratic legitimacy”, in accordance with international standards.

In February of this year (2022), the Judicial System of Nicaragua controlled by the regime, renewed the judgments against people arbitrarily detained in the pre-electoral and electoral context, under laws that unduly restrict the civic and democratic space, particularly the Law Special on Cybercrime (Law 1042), Law against money laundering, financing of terrorism and the proliferation of weapons of mass destruction (Law 977) and the Law on Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace (Law 1055). All these judgments were marked by serious violations of the guarantees of the procedural rights, such as the right to defense, the presumption of innocence, the equality of procedural parties, the right to be judged by an independent and impartial court. It is worth noting that, in all cases, the judged persons were sentenced to disproportionate penalties with alleged assumptions that the commission of alleged crimes did not demonstrate. Likewise, the right of defense was not respected by not allowing the submission of claims on the part of the prosecuted.

Last March 7, in the presentation of its annual report on the situation of human rights in Nicaragua, the High Commissioner Michelle Bachelet, denounced the faults in the process and the inhuman conditions that “have progressively deteriorated the state of health of those detained, particularly of older people and chronic patients”. Likewise, it urged the Human Rights Council (CDH) to take all measures to ensure the surrender of accounts. In order to guarantee justice, truth and reparation in the face of extrajudicial proceedings, arbitrary arrests and other serious violations of human rights, the Council approved a resolution that establishes during a year a “Group of Experts on Human Rights” with the mandate of investigation and surrender of accounts for the serious violations of human rights committed since 2018.

However, on the eve of the anniversary of the social protests, the Nicaraguan regime is repeating the repressive patronage against victims’ families, human rights defenders, journalists and other dissidents. On the day of April 12, relatives of Darwin Potosme, the lethal victim of the repression, denounced police harassment, trespassing of their home and threats of imprisonment by National Police agents. The opponent Yolanda González suffered the trespassing of her home in the presence of underage people, interrogations and surveillance by paramilitaries. The critical singer for the government, Josué Monroy of the band “Monroy y Surmenage”, the producer of “La Antesala”, Leonardo Canales; and the people producing musical events by SaXo Producciones, Salvador Espinoza and Xochitl Tapia, were also detained by police officers during a raid in their homes.

Campaign

Given this context, and as a way to commemorate the fourth anniversary of the civic rebellion in April 2018, Race and Equality will launch a campaign on April 18 that makes visible the serious abuses of human rights in Nicaragua, the hard work of organizations of civil society in the search for justice, and the positioning of the international community in this deep crisis.

We interviewed Nicaraguan human rights defenders about the current situation in the country, the conditions of political prisoners in the detention centers, their judgments, condemnations and the role of civil society in the defense of their rights. Additionally, we interviewed the Rapporteur for Nicaragua of the Inter-American Commission on Human Rights (IACHR), Esmeralda Arosemena, about the advances and challenges of human rights in Nicaragua, the role of the IACHR in the current context, the mechanisms and international instruments that exist for the rendition of accounts, among other aspects; and the Representative of the Office of the United Nations High Commissioner for Human Rights (OHCHR), Alberto Brunori, on the mechanism or group of three human rights experts that will investigate for one year the human rights violations committed since April 2018.

All the products of this campaign will be published through the accounts of Twitter , Facebook and Instagram , and the website of Race and Equality We invite the international community, national and international press and civil society to unite and share content using the hashtags #SOSNicaragua and #Nicaragua4YearsofImpunity , so that the cry for the cease of repression and demand for truth, justice, reparation and no repetition is heard in Nicaragua and all over the world.

International organizations condemn conviction of independent journalists, members of former Violeta Barrios de Chamorro Foundation and La Prensa in Nicaragua

Latin America, 24 March 2022. We, the undersigned organizations, condemn the judicial farce taking place in Nicaragua where the justice has sentenced independent journalists and former workers for the now-defunct Violeta Barrios de Chamorro Foundation (FVBCH) to between 7 and 13 years in prison.

On Wednesday, March 23, Juan Lorenzo Holmann, general manager of the newspaper La Prensa, was found guilty of the alleged crime of money laundering. Judge Nadia Camila Tardecillas, in the Second Criminal District Court, requested a sentence of nine years and four months in prison plus a monetary fine. Holmann was arrested on August 14 when police raided the media, which at the time was the only independent print media still circulating in the country. His trial ended on Wednesday, March 23rd and his final sentence will be read on March 31st.

On Monday, 21 March, journalist and aspiring presidential candidate, Cristiana Chamorro, was found guilty on charges of money laundering, “abusive management” and “ideological falsehood” by Judge Luden Martín Quiroz in the Ninth Criminal District Court of Managua The sentence is linked to her tenure as president of the FVBCH. Ms. Chamorro is also set to pay a fine of an amount equivalent to the alleged laundering. The trial took place from 3 to 7 March at the Evaristo Vásquez Police Complex—commonly known as “El Chipote”—where detainees have been subjected to degrading, cruel and inhuman treatment, including acts of torture. In addition, most of the political prisoners in detention at the facility are being held incommunicado. 

The arbitrary judicial process against Chamorro and other detainees took place in the presence of an intimidating police contingent and failed to provide any guarantees for due process, including the fact that very limited time was given for defense lawyers to submit statements in support of their clients. Among other serious irregularities and despite the fact that the defendants possessed proofs of innocence, the trial came to an end without the presentation of more than 1000 key documents supporting the defendants’ cases. Cristiana Chamorro has been under house arrest since 2 June 2021. The sentence against her has not determined the place where she is to be transferred.  

In addition to Chamorro, three other former FVBCH workers were convicted on 21 March. Accountant Marcos Fletes and finance officer Walter Gómez were sentenced to 13 years in prison for money laundering. Fletes is also set to pay a fine of 300 days, and another one equivalent to three times the amount that was allegedly laundered. Even Chamorro’s driver, Pedro Vásquez, was sentenced to 7 years in prison for being an “accomplice in the crime of money laundering”.

The Nicaraguan justice system, in servitude to the authoritarian government, also sentenced Pedro Joaquín Chamorro, Cristiana Chamorro’s 70-year-old brother and a director of the La Prensa newspaper, to nine years in prison on allegations of misappropriation of funds, “ideological falsehood” and “abusive management”.

These spurious legal proceedings came on the heels of similar rulings in previous weeks wherein sports journalist Miguel Mendoza was sentenced to nine years in prison for expressing his opinions on social media, while political commentator Jaime Arellano and 100% Noticias television station founder and former presidential candidate Miguel Mora were both sentenced to 13 years in prison for “disseminating fake news” and conspiring to “undermine national integrity”.

We, the undersigned organizations, categorically denounce these rulings and others that have been issued against political prisoners detained by Daniel Ortega and Rosario Murillo’s regime. We hold the Nicaraguan State responsible for the lives and safety of all prisoners of conscience. We call for their immediate release and an end to the criminalization of their activities, as well as the reversal of all rulings that have been issued against them for merely exercising their right to freedom of expression.

In addition, we call on the international community and regional governments to strongly condemn the systematic violations of human rights taking place in Nicaragua and implement all measures at their disposal to ensure the release of Nicaraguan prisoners of conscience. 

Finally, we join in the call for the United Nations Human Rights Council to, in its resolutions regarding Nicaragua, adopt a sound, independent and impartial international mechanism for exhaustively investigating and documenting the serious human rights violations that have taken place in the country since April 2018, in order to provide a foundation for accountability and punishment of all those responsible for the abuses. The rights violations that have been perpetrated include serious infringements on press freedom and the rights to freedom of association and freedom of expression. 

Signatories, 

AMARC-ALC

Articulo 19

Asociación Brasileña de Periodismo Investigativo – Abraji

Asociación Nacional de la Prensa Bolivia -ANP 

Asociación de Periodistas de El Salvador – APES 

Comité por la Libre Expresión – C-Libre 

Centro de Archivos y Acceso a la Información – CAinfo 

Espacio Público 

IFEX-ALC

Instituto de Prensa y Libertad de Expresión- IPLEX

International Institute on Race, Equality and Human Rights

Instituto Demos 

Instituto Cubano de Libertad de Expresión y Prensa -ICLEP 

Instituto Prensa y Sociedad – IPYS Perú 

Instituto Prensa y Sociedad – IPYS Venezuela

Fundamedios

Foro de Periodismo Argentino – FOPEA 

Voces del Sur

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

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

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

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

Defending Rights in a Dictatorship

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

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

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

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

Fighting and Surviving Transphobia 

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

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

Confronting Violence and Racism

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

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

Practicing Journalism to Resist Censorship and Violence

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

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

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

Advocating for Equality

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

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

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

Accompanying Discriminated Migrant Women

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

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

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

Organisations call for Nicaraguan government to immediately free detained journalists

Americas, 10 January 2022.- We, the undersigned organisations, express our condemnation of the Nicaraguan government’s many attempts to threaten and silence the country’s independent press. The aggressive actions against independent media have been escalating for years (particularly from 2018 to 2021) as the authorities fail to act or, in many cases, as a direct consequence of their actions.

In terms of press freedom and freedom of expression and information, 2021 was a disastrous year in Nicaragua. Journalists and media directors were jailed, media outlets were appropriated and dozens of journalists were forced into exile due to lawsuits and the application of laws that curtail freedom of expression. Migration was restricted, passports were confiscated and defamation campaigns intensified against independent commentators. These campaigns, launched by various state agencies, were widely circulated on social media by governing party supporters. All these actions constitute a portion of the many rights violations and assaults that have taken place against independent media outlets and journalists.

The government’s approval and subsequent application of a series of punitive laws—moves widely questioned by international human rights bodies—has allowed for ongoing arbitrary detention of the following individuals: sports journalist Miguel Mendoza; political commentator Jaime Arellano; three directors of the La Prensa daily, Cristiana Chamorro, Pedro Joaquín Chamorro and Juan Lorenzo Holmann; journalist, presidential candidate and owner of 100%Noticias Miguel Mora; and three former workers for the Violeta Barrios de Chamorro Foundation, Walter Gómez, Marcos Fletes and Pedro Vásquez.

Threats of criminalization have also affected the journalistic sources that media outlets and journalists rely upon for analysis and opinions. In addition, several lawyers who have defended journalists have also been forced into exile. This has led to a growing climate of self-censorship in the country.

Ignoring its obligations to protect and ensure unrestricted circulation of information of interest to the public, the Nicaraguan government has instead paved the way for actions that include attacks, threats, abuse of government powers and stigmatisation of those who report on or denounce human rights violations in the country.

We underscore the courage and commitment shown by the independent press, which despite traversing extremely difficult times continues to provide information to the public. We recognise in the work of journalists the unwavering commitment to the principles, values and legacy of public freedoms martyr Pedro Joaquín Chamorro Cardenal. During his lifetime, Chamorro proclaimed and applied teachings that today more than ever provide guidance for conducting quality journalism and resisting the attacks to which the press is being subjected.

The following signatory organisations call on the Nicaraguan government to:

● Immediately release the arbitrarily detained journalists, who have simply exercised their rights to seek, receive and disseminate information, along with their right to express opinions. We also call for the release of all arbitrarily detained political prisoners. This must been done in order to contribute to an atmosphere conducive to the work of all journalists and commentators.

●  Reinstate the two media outlets that have been appropriated, Confidencial and 100% Noticias, and bring the takeover of the La Prensa daily’s facilities to an end.

●  Respect journalism work, provide guarantees for the safety of journalists and take all possible steps in the government’s power to remove the obstacles that journalists currently face in carrying out their work. Comply with the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR) in support of independent journalists and their families, especially given that in most cases aggressive actions and attacks against the beneficiaries of the IACHR’s measures have been on the rise.

  • Stop criminalising the actions of independent journalists; repeal and refrain from applying the cyber- crimes law and other regulations that violate public freedoms; and revoke court orders against journalists, commentators and journalistic sources while also refraining from issuing new orders of this nature.

●  Halt the abusive confiscation of the passports of journalists and commentators, as well as migration restrictions that hinder free movement out of the country.

We remind the Nicaraguan government that respect for the right to freedom of expression and information is crucial for the functioning of democratic societies. Access to information of interest to the public is a right of all citizens. In addition, uninhibited circulation of information, free from censorship, is essential for exercising other fundamental rights that are protected under various international human rights covenants.

Signatories:

IFEX-ALC
International Institute on Race, Equality and Human Rights PEN International
Voces del Sur

Nicaragua: Urgent call to the international community given the illegitimate permanence of Daniel Ortega and Rosario Murillo in power 

From the Institute on Race, Equality and Human Rights (Race and Equality) we reject the imposition of the fourth consecutive term of Daniel Ortega and the second term of Rosario Murillo, which will be consummated in an official act announced for January 10th. We call on the international community to unite as one voice to send a message to fight the persistent impunity, protect the rule of law and democratic principles, and prevent the human rights crisis in Nicaragua from continuing to worsen.

Ortega and Murillo, through their absolute control of state institutions, the Police, the Army, and parastatal forces, have violated the fundamental rights of Nicaraguans since their return to power in 2007, and as of 2018, these violations acquired the nature of systematic ones.

The lethal repression of peaceful demonstrations, the destruction of the rule of law, the unwillingness of the State to cooperate with the United Nations and the Inter-American Human Rights System, the repressive escalation in the electoral context, the results of the controversial votes held on November 7, 2021, the stay in prison of more than 160 political prisoners under conditions that, particularly in the case of women, threaten their dignity, lives, personal integrity, and health; and the clear intention of Ortega and Murillo to remain in power merits a strong response from the international community.

OAS, the UN, and European Parliament reject the results of the election

In a resolution approved on November 12, 2021, the Organization of American States (OAS) assured that the votes that gave Ortega the victory “were not free, fair or transparent and do not have democratic legitimacy” and asked the Permanent Council to collectively evaluate Nicaragua, based on the Inter-American Democratic Charter and the OAS Charter.

In response to this, on November 19, 2021, the Government of Nicaragua made public its decision to denounce the OAS Charter, in order to ensure that the effects of said treaty cease for the Nicaraguan State. However, we recall that the State is not totally detached from its previously acquired obligations; on the contrary, the duty of Nicaragua to comply with the obligations derived from the human rights protection organs of the Inter-American System remains until they are fully complied with; as well as previously ratified inter-American human rights treaties, customary norms under general international law, and the obligations of the United Nations Charter.

Subsequently, on December 8, 2021, the OAS Permanent Council adopted a resolution in which it – once again – urged the Government to release all political prisoners and accept a high-level mission of goodwill with the objective of carrying out anticipated elections with international observers.

On the other hand, in an interactive dialogue held on December 14, 2021, the Deputy High Commissioner of the United Nations Office for Human Rights, Nada Al-Nashif, expressed that the votes held “provided a valuable opportunity for Nicaragua take a step forward towards a peaceful and democratic solution to the crisis”; however, the deterioration of civil and political rights in the electoral context “led to the arbitrary exclusion of many Nicaraguans from participating in the elections.”

On this occasion, Al-Nashif called on the United Nations Human Rights Council to consider “all the measures at its disposal to promote accountability for the serious violations that have occurred since 2018” and human rights organizations we urge you to create an international investigation and accountability mechanism.

In addition to the aforementioned, the European Parliament approved on December 16th a resolution that condemns “the electoral farce orchestrated by the Ortega-Murillo regime” and rejects the legitimacy of the results of these votes and “the democratic legitimacy of any institutional authority that arises from these rigged elections”. MEPs stressed the importance of the return of international human rights organizations “without conditions sine qua non for any dialogue with the Nicaraguan regime.”

Inauguration

From Race and Equality, we condemn the perpetrate take of power of the Government of Ortega y Murillo, as the result of repression and the systematic violation of the rights of the Nicaraguan population.

We welcome the efforts made by multilateral organizations and international human rights organizations to monitor, document, and report the human rights violations that have occurred to date in Nicaragua. We urge you to promptly apply all available mechanisms to contribute to the uprising of the Police State and the restoration of democracy in the country, which necessarily requires creating the conditions to hold free, fair, and transparent elections.

Likewise, we call on the international community and the OAS Member States to take measures to urge the Nicaraguan State to fully comply with the notion of collective guarantees that underlies the Inter-American Human Rights System of their obligations in the matter of human rights.

We reiterate the urgent need to establish an independent investigation and accountability mechanism. Once again, we call on the United Nations Human Rights Council so that, in its next session in March 2022, it establishes this mechanism to investigate the reported abuses, preserve the evidence, identify the perpetrators, and lay the foundations for the justice process that Nicaragua needs to get out of this crisis.

We do not stop demanding from the State of Nicaragua the immediate and unconditional release of all persons deprived of liberty for political reasons.

We remind the Nicaraguan authorities that the Inter-American Court of Human Rights ordered the immediate release of political prisoners, an end to acts of torture and other cruel, inhuman or degrading treatment in detention centers, and immediate access to independent medical personnel to know the state of physical and mental health of people deprived of liberty.

Before the IACHR: State of Nicaragua fails to comply with precautionary measures granted in favor of independent journalists

Within the framework of the 182nd regular period of sessions of the Inter-American Commission on Human Rights (IACHR), this Tuesday, December 14th, independent journalists—the beneficiaries of precautionary measures—and representatives of the International Institute on Race, Equality and Human Rights (Race and Equality) participated in a public hearing to expose the absolute failure to implement the measures awarded in favor of 49 members of the independent media Confidencial, Divergentes, Radio Darío and La Costeñísima. They also pointed out that the intimidating acts the beneficiaries have continued to be subjected to are part of the systematic patterns of repression of freedom of expression and the press that exist in Nicaragua.

Since 2018, the IACHR granted the first precautionary measures to the journalistic team of Confidencial and Radio Darío. Later, in 2019, measures were granted to the director of La Costeñísima Sergio Warren León (D.E.P.), his family and other members of the media; and recently, 6 months ago, the IACHR granted measures to the press officer of said Caribbean outlet, Kalua Salazar, and her family. Unfortunately, to date, the State of Nicaragua has not adopted any measure to protect the life and integrity of these people, has not removed any obstacles so that they can carry out their work risk-free, and has not investigated the facts that gave rise to the award of said measures or those that occurred later. On the contrary, it has taken actions against these measures, forcing the majority into exile.

For Divergentes’ photojournalist Carlos Herrera, “Nicaragua has become an openly hostile terrain, under constant threat, or a prison for those who practice independent journalism from within the country.”Faced with the danger of physical aggression, assault and confiscation of our assets and work instruments, the siege of the police and paramilitaries, and even the possibility of being arrested and criminalized for exercising his profession, Herrera decided to leave the country a few months ago.

On his part, the Director of Confidencial Carlos Fernando Chamorro denounced that he had been forced into exile again, and emphasized that since May of this year, the Public Ministry unleashed a new repressive wave against independent journalism. At least 45 journalists – among them, beneficiaries of precautionary measures – were subjected to hostile interrogations and were even threatened with opening investigative processes against them, under the Special Law on Cybercrimes.

Wilfredo Miranda, a journalist for the digital outlet Divergentes, who is in exile for the second time, warned that the beneficiaries who continue on the ground are victims of persecution and siege, acts of surveillance and intimidation both in their homes and of their relatives.

Aníbal Toruño, director of Radio Darío -outlet that suffered a fire in the context of the social protests of April 2018- denounced that, the day after the election on November 7th, the Radio facilities were besieged by motorcycles belonging to supporters of the regime, who detonated mortars with the aim of frightening and intimidating the workers who were at the facilities at that time.

Finally, the legal advisor of Race and Equality, María Luisa Gómez, pointed out that the workers of La Costeñísima continue to be exposed to a situation of very serious risk. In addition to the continuous threats and smear campaigns, police and parastatal agents regularly besiege the radio facilities and the homes of their workers …”

It should be noted that, in the middle of this year, the IACHR’s Office of the Special Rapporteur for Freedom of Expression warned that at least 65 Nicaraguan journalists were in an extreme situation of vulnerability and risk. 

At the hearing, Rapporteur Pedro Vaca, IACHR Special Rapporteur for Freedom of Expression, stated that, in the current “censorship regime” there are no guarantees for freedom of expression; However, “the reconstruction of the rule of law in Nicaragua involves guarantees of freedom of expression and the work of journalists, and … justice for the victims also involves the press, that document human rights violations”, Which is why one recognizes the importance of Nicaraguan journalism that, in adverse circumstances, “not only persists, but also with standards of quality and rigor.”

Petition

 The beneficiaries and their representatives asked the Commission to issue a follow-up resolution, urging the State to implement the measures granted, and to use the mechanism of petitions to examine the violations of the American Convention that the State has provoked.

They also asked that efforts to monitor, scrutinize and report the situation faced by the beneficiaries of the measures and the people of Nicaragua be intensified, and they urged the IACHR to require the State of Nicaragua to:

  1. Immediately cease any retaliation against the beneficiaries, journalism, and independent media, revoking the arrest warrants issued, refrain from issuing new ones.
  2. Release all people arbitrarily detained for political reasons, for exercising their right to express themselves and for supporting the work of the independent media.
  3. Take all necessary measures so that journalists who had to go into exile can return to the country with the due guarantees for their safety, life and physical integrity. Likewise, to refrain from imposing arbitrary impediments or obstacles to those who wish to leave Nicaragua.
  4. Repeal legislation that restricts freedom of expression and the press, as well as international cooperation towards independent journalism.

Nicaragua: UN High Commissioner for Human Rights calls on the Human Rights Council to take all measures within its power to promote accountability for serious violations 

Washington DC, December 15, 2021.- In compliance with Resolution 46/2 of the Human Rights Council on Nicaragua, the Deputy High Commissioner of the United Nations Office for Human Rights, Nada Al-Nashif called again for the Government of Nicaragua to commit itself to the mechanisms for the protection of human rights of the United Nations system in order to urgently restore the rights and public liberties that have been severed. She highlighted the essential role of the Human Rights Council, through which the international community can help “restore the rule of law and democratic institutions” in the country.  

In her statement, Al-Nashif again called on the Human Rights Council to consider “all the measures at its disposal to promote accountability, search for the truth and comprehensive reparation to the victims for the serious violations that have occurred since 2018.”  She warned of the alarming deterioration of civil and political rights in the electoral context, which caused Nicaragua to lose the opportunity to take “a step forward towards a peaceful and democratic solution to the political, social and human rights crisis that has affected the country since 2018” and initiate a process of opening spaces and progress towards accountability and reparation for the victims of human rights violations.  

The presidential votes held on November 7, took place in a repressive environment, without the minimum guarantees of legitimacy required to be referred to as “elections.” Between May and October 2021, the Office of the United Nations High Commissioner for Human Rights (OHCHR) documented the cancellation of the legal status of three political parties and 45 civil society organizations, and the arrest of at least 39 political leaders, human rights defenders, businessmen, journalists, and peasant and student leaders; among them, 7 people who publicly expressed their will to run for the Presidency of Nicaragua. 

Days before, during and after the voting, the OHCHR documented the arrest of 10 political activists and journalists. Eight of these people remain under arrest and held uncommunicated while facing “ambiguous criminal charges.”  This shows a pattern of human rights violations and abuses that state authorities have followed.  

Al-Nashif demanded the release and restitution of the civil and political rights of all those arbitrarily detained, an end to the harassment and criminalization of political opponents, journalists, lawyers and human rights defenders; and, again, insisted that the OHCHR and other human rights mechanisms be granted the necessary access to the country to duly fulfill their mandates.  

More than 50 countries concerned about Nicaragua 

 In a joint statement presented by Chile, more than 50 countries expressed solidarity with the Nicaraguan people and made an urgent call to the State to immediately release all political prisoners, cease politically motivated detentions and repressive actions against the media and minorities. They also asked the Council to take “any concrete measure in order to support the efforts of the Nicaraguan people to restore democracy and the rule of law in their country.” 

 Finland on behalf of the Nordic Baltic countries (Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden), Peru, Spain, the United States, Ukraine, Switzerland, Colombia, the Czech Republic and other countries called on the Government to resume cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as with regional human rights mechanisms.  

Human rights organizations call for a #MechanismForNicaragua 

Race and Equality, Human Rights Watch, Civicus, International Human Rights Network, Center for Justice and International Law, International Service for Human Rights, Center for Civil and Political Rights, among other human rights organizations, urged the Council to establish an international investigation and accountability mechanism at its 49th session, scheduled for March 2022.  

Race and Equality and the International Service for Human Rights, on behalf of Lizeth Dávila – members of the Association of Mothers of April (AMA) and mother of Álvaro Conrado Davila, the first adolescent killed in the context of the social protests of 2018, urges the Council to create this mechanism, made up of one or more independent experts, to verify the serious human rights violations documented, preserve the evidence, identify the culprits, and lay the foundations for a justice process in my country.  

“We need justice, we need accountability, for ourselves, for our children and for the people of Nicaragua”, exclaimed Dávila. 

This call from civil society for the establishment of an independent mechanism for investigation and accountability is based on the apparent unwillingness of the State of Nicaragua to cooperate with the mechanisms of human rights protection and the lack of implementation of recommendations after more than three years of scrutiny by the Human Rights Council. This refusal has been accompanied by a continuous and rapid deterioration, where repression has continued and where despite extensive documentation, Nicaragua still does not recognize any responsibility for serious violations that have occurred since 2018. 

Nicaragua needs a strong response from the international community that sends a clear message to combat impunity, that lays the foundations for a future justice process and helps identify the structural changes that Nicaragua needs to overcome this crisis. 

 

 

 

 

Trans Day of Remembrance: An urgent call to combat transphobia in Latin America

Washington D.C., November 20, 2021. As we commemorate another year of International Transgender Day of Remembrance, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to draw the attention of States and the international community to the chilling numbers of murders of transgender people in the Americas – a reality that unfortunately places the region once more at the top of the list of most homicides worldwide. At the same time, Race and Equality wants to urge governments to prioritize issues of violence and discrimination against gender-diverse people and to adopt swift actions to combat transphobia.

On November 11, TGEU’s Transrespect versus Transphobia Worldwide (TvT) research project published its annual Trans Murder Monitoring (TMM) report, released every year on the eve of November 20, International Transgender Day of Remembrance. According to the data, between October 1, 2020, and September 30, 2021 there were 375 murders of trans people worldwide, of which 311 occurred between Mexico, Central and South America. Globally, the total represents a 7% increase from the previous report (October 2019 – September 2020).

Transphobic tragedy

In Latin America, Brazil continues to be the country with the highest number of murders against transgender people, followed by Mexico (65), Honduras (53) and Colombia (25)*. Regarding global figures, the TMM report highlights that 96% of the murdered persons were transgender women or transgender feminine persons, and 58% were transgender sex workers. This is a pattern that has been corroborated in the region by reports published by LGBTI+ organizations.

“The data indicates a worrying trend regarding the intersections between misogyny, racism, xenophobia and hatred towards sex workers, with the majority of victims being black and colored transgender women, migrants and sex workers,” warns TMM, which also alerts that these numbers are only a small sample of the reality, since many murders remain unreported, or are misidentified.

Lives taken away

Brazil, which represents 41% of the global murders against transgender people, also commemorates on this day the National Day of Black Consciousness. Therefore, November 20 represents a date among human rights organizations in the country – especially those working in the defense of the trans population and the black population – to honor both populations and coincides in the intersection of their vulnerabilities in the midst of a transphobic and racist society.

Brazil began 2021 with the brutal murder of a transgender teenager. In the early morning of January 4, Keron Ravach was stabbed and beaten to death by a 17-year-old who was identified and arrested as the perpetrator of the hate crime. The young woman, who was going through a gender transition process, was defined by her friends as a shy person, but who at the same time dreamed of being a social media influencer. According to the TMM report, the average age of trans people murdered in the last year is 30 years old, with Keron being the youngest of all victims, at just 13 years old.

Indolence and Impunity

In most cases of murdered transgender persons there is a history of violence and threats, but these are often ignored by the authorities or are not dealt with in a timely manner. As such, when the murder occurs, there is insufficient information to identify the person or persons responsible. This issue has been expressed by organizations who promote and defend the rights of the LGBTI+ population and was manifested in the murder of Gina Rodríguez Sinuiri on September 21, in Callao, Peru.

Gina, 28, was stabbed several times in a hotel room in the city. Although immediately taken to a hospital, she was pronounced dead 18 hours later. The suspect is a man who regularly solicited the services of transgender sex workers and contacted them through his social networks using different names. According to her companions, it was not the first time the man contacted Gina. In addition, Agencia Presentes, which is in charge of making visible the situation of the LGBTI+ population in Latin America and the Caribbean-collected statements from Gina’s partners, in which they pointed out that on several occasions they have approached the Peruvian National Police to report acts of violence against them but are always ignored.

On top of the authorities’ lack of action there is the fact that Peru does not have a Gender Identity Law, which means that transgender people cannot carry out procedures with their social name, and this exposes them to discrimination and mockery in various sectors of society. “We denounce to the authorities and the police, but they do not pay attention to us, and that is what makes us frustrated and angry. We have families, we are human beings with feelings. Every time we file a complaint, when we turn around, they put it away. The worst thing is that they laugh and throw us out,” said a colleague of Gina on that occasion.

Dying in Invisibility

Although the murders of transgender people are generally silenced, when addressing this issue reference is usually made only to transgender women, because statistics show that they are the main victims, which is undoubtedly a reality. However, transgender men are also the focus of violence and discrimination due to transphobia and, as in the case of trans women, this can become deadly for them. One such example is the case of Samuel Edmund Damian Valentin, a young transgender man who was shot and killed on January 9 in Trujillo Alto, Puerto Rico.

Samuel Edmund was a student at Atlantic University College, in Guaynabo. On January 1 he had written on his Facebook page, “a new year to come, grateful for all the experiences that [taught me] how strong we really are, to life, to good and evil and for all the justice that is to come.”

“About transgender men and invisibilization in the public sphere, the truth is that it is the violence we suffer the most. Everyday life is designed for cis-gender men; we cannot be guaranteed public health issues in a dignified and efficient way for us. It is important that our identities are named, that trans men or transmasculine people get pregnant. What is not named does not exist. If we exist in the spaces, let us exist in the word”, says Danilo Donato, transmasculine activist and member of the GAAT Foundation in Colombia. According to the record of this organization on death of trans people, so far this year 2021 in the country 32 have been killed to date, while 8 have died from complications arising from surgeries and handmade interventions and barriers to access to rights.

Hate at its maximum expression

Kendra Contreras, known as “Lala”, was a 22-year-old transgender woman who lived in the town of Somotillo, in western Nicaragua. Those who knew Lala say that she was a young dreamer, hard-working, with a desire to better herself and who wanted her gender identity to be respected. Sadly, on March 3, 2021, two men ended her life in an atrocious way; they tied her to a horse and let it drag her twice for at least 400 meters and then stoned her. This is the ultimate expression of hatred towards women, bodies and diverse identities in a highly macho society, such as the Nicaraguan one.

Unfortunately, that was not the only time they killed Lala, as they do it every time they disrespect her gender identity and call her by her “first name” when they refer to her as “man” in news reports. Many media outlets fail to properly handle these cases by focusing on information and prejudices that generate morbidity and revictimize the victims of transphobia and gender violence.

Urgent appeal

Every year, Race and Equality takes advantage of this date to remind countries of their obligation to respect and guarantee the rights of all people without any kind of discrimination. Regarding the situation of violence and murders against trans people, we make the following recommendations:

  • Monitor and publicly sanction transphobic speeches that often slip into the media and incur in calls for discrimination and violence against the trans population.
  • Adopt the necessary laws and policies to guarantee the recognition, respect and inclusion of people with diverse sexual orientation and gender identity.
  • Establish special mechanisms to respond to acts of violence and murders against LGBI and trans persons, which lead to the clarification of the facts and the punishment of those responsible, as well as the establishment of guarantees of non-repetition.
  • Collect data on acts of violence and murders against trans persons, disaggregated by specific gender identity and ethnic-racial identity.
  • Promote through the institutions and official channels a campaign to educate and sensitize the population on sexual orientation and gender identity, with a view to generating a context of recognition and respect for the integrity and life of LGBI and trans persons.

*In the case of Colombia, the Foundation Grupo de Acción y Apoyo a Personas con Experiencia de Vida Trans (GAAT) recorded 32 murders of transgender people so far in 2021.

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