“Loving and Resisting from Diversity:” Race and Equality Celebrates LGBTI+ Pride Day

“Loving and Resisting from Diversity:” Race and Equality Celebrates LGBTI+ Pride Day

Washington D.C., June 28, 2021.- To commemorate this LGBTI+ Pride Day, The Institute on Race, Equality and Human Rights (Race and Equality) chose the slogan “Loving and Resisting from Diversity.” This slogan pays tribute to LGBTI+ organizations and activists who each day wage a powerful struggle to combat discrimination and violence, and move towards the recognition of their rights despite living in a context as adverse as Latin America and the Caribbean when it comes to human rights.

Although there has been little progress in the region in terms of recognizing and guaranteeing rights for LGBTI+ people, we want to exalt the great capacity to love and resist that people with diverse sexual orientation and gender expression or identity continue to sustain, when facing a society that attacks, excludes, and humilitaes them, in addition to increased attacks and instensified hate speech.

On this day we cannot refrain from remembering the Stonewall riots carried out in rejection of the police raid that took place in the early hours of June 28, 1969, in a bar known as Stonewall Inn in the New York neighborhood of Greenwich Village; this location is where LGBTI+ people used to meet. A year later that date would be declared as LGBTI+ Pride Day as a way to reclaim and celebrate the struggle for freedom and respect for the rights of this community.

Progress and Challenges

In the beginning of this month of June, the Prosecutor’s Office of Salta, Argentina, confirmed that the skeletal remains found by a day laborer and his son in a desolate area north of the city corresponded to Santiago Cancinos, a young trans man who disappeared in May 2017, who reported he was being bullied by his school and classmates.

This is one of the most recent and shocking events. However, when it comes to violence and discrimination, Latin America and the Caribbean accumulates a long list of episodes ranging from threats and verbal assaults to police brutality and murder. Hate crimes that in most cases remain unpunished-  this lack of will and judicial mechanisms only generates more negligence among authorities when making justice a priority.

LGBTI+ and human rights organizations closely followed the case of Vicky Hernandez v. Honduras, in which the Inter-American Court of Human Rights (IACtHR) determined the State’s responsibility for the alleged extrajudicial execution committed against Hernández in June 2009, which occurred in the midst of the tense socio-political context generated by the coup d’état that year. This set an important precedent of ensuring the application of justice in future cases of violence against LGBTI+ persons at the regional level.

With respect to the COVID-19 pandemic, we see how the situation of vulnerability of this population is exacerbated, as the health emergency deepens conditions of inequality in the fields of health, social assistance, education, work, among other inequalities. In addition, States have not taken into account the LGBTI+ realities of discrimination and institutional violence against gender nonconforming and trans people. For instance, in Colombia, people with diverse gender identity or expression were left in limbo with policies like “pico y género.”[1]

However, the commitment to fight for a more just and equitable society for all people has also led to celebratory results in the last year, like the approval of equal marriage in Costa Rica. We are slowly witnessing the progress of campaigns and bills for the recognition and guarantee of the rights of LGBTI+ people. In Argentina on June 11, the Chamber of Deputies approved the bill that guarantees the trans-transvestite labor quota. The so-called Diana Sacayán – Lohana Berkina Law, who were recognized defenders of the formal trans and transvestite labor inclusion, was passed with 207 positive votes, 11 negative votes and seven abstentions.

Let us celebrate!

Race and Equality spoke with LGBTI+ activists from different countries in the region and asked them about the importance of celebrating LGBTI+ Pride. These are their answers.

Christian King, trans non-binary activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: For me, celebrating LGBTIQ+ Pride Month is nothing more than claiming my personhood, and at the same time reclaiming all the people who have fought, who have lost their lives making themselves visible, those people who have led us to enter this movement of struggle and recognize ourselves as members of the LGBTIQ+ community, and to demand that the State recognize our rights.

Agatha Brooks, trans activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: Celebrating Pride Month is to make ourselves visible as the rainbow flag represents each of us, we are a brand that grows more and more every day. We become more visible so that equality becomes present in our communities, in our country and throughout the world

Darlah Farias, Coletivo Sapato Preto – Brazil: Celebrating LGBTI+ Pride is celebrating the life of this population. Not just the lives that struggle today, but all the lives lost so that we could be here. Principally I, as an Afro and lesbian woman, carry all my ancestry with me and understand that our struggle is forged in revolution and reinvention.

Thiffany Odara, FONATRANS – Brazil: Celebrating LGBTI+ Pride is celebrating the right to life, my existence, the right to be who I am, it’s celebrating the memory of my ancestors. Celebrating who I am is the greatest challenge for Brazilian society. The challenge of resisting to guarantee policies of social equity. Long live the LGBTI+ Pride Movement! I’m proud to be who we are!

Gael Jardim, Trascendendo – Brazil: Celebrating LGBTI+ Pride Day is about making a real difference. It’s remembering that this day was born out of a revolt so that people can have the right to exist in society, and no longer in ghettos, closets or exclusion. To celebrate Pride Day is to give visibility to our cause and our struggle, which is not a day but a whole year of citizenship.

Santiago Balvin, nonbinary transmasculine activist and member of Rosa Rabiosa – Peru: Pride for me is important because society has imposed feelings of guilt and shame on who we are, but we rise up against them by showing pride in who we are and by showing ourselves in an authentic way. It is also very important to know that we have been in hiding and that visibility has been important to be able to show ourselves, and also give voice to our problems.

Leyla Huerta, founder and Director of Féminas – Perú: Celebrating Pride Day is very important to me. It’s the day in which we recognize ourselves as brave, strong and resilient. It is also a date of commemoration for all those people who are no longer with us, and who, due to their sexual orientation and/or gender identity, were exterminated because that is the word that best fits our disappearances. A society that does not recognize us, a society that limits us in our own development, it does just that: exterminates us. Pride Day, as the word conveys, is a day in which we should be proud because we are here, resisting, advancing and educating.

Roberto Lechado, independent comedian – Nicaragua: Celebrating Pride Month is to celebrate life, but also to recognize myself as part of a community and remind myself that I’m not alone and that’s a super nice feeling. It is also reminding myself that it is okay to be the person I want to be, that my love is valid and valuable, and my existence is magnificent and important. Celebrating Pride is also for me, to make visible these colors that many times in the day to day become opaque, and to say to society “we are here, we exist, we deserve, and we matter!”

Miguel Rueda Sáenz, director and founder of Pink Consultores – Colombia: For me, celebrating gay pride means a lot of things. There’s an important historical force, it also shows community and group strength and fundamental social aspects, and it has an enormous personal stance as it recognizes me as a gay man, this day allows me to shout even louder. It is very important for me on June 28 to be able to celebrate who we are and why we exist.

Lesley Wolf, actor, dancer, and BA in Performing Arts – Colombia: Celebrating LGBTI Pride is more than a celebration, it turns into a demand for resistance. It’s re-signifying and dignifying a struggle that not only costs us nor takes us just a month, but a whole year, it’s a constant activity.

María Matienzo, activist and Independent Journalist – Cuba: For me to celebrate Gay Pride Day is to celebrate the claim of rights that we should all have as citizens of the world, although it’s not really a matter of one day, it should be a matter of a lifetime.

For Race and Equality, it is an honor to know and accompany the work that is being carried out, individually and collectively to defend and promote the rights of the LGBTI+ population. Denouncing the violence this population faces in different areas of society, making visible and documenting their realities and demands, and strengthening their capacities to influence Sates and the human rights mechanisms of the Inter-American and United Nations system.

For us, celebrating LGBTI+ Pride Day means reinforcing and renewing our commitment to working for a more just and equitable society for all people, without any discrimination. In addition, it represents an opportunity to make recommendations to States aimed at protecting and promoting the rights of the LGBTI+ population:

  • To implement educational campaigns on sexual orientation and gender identity, aimed at making people in all areas of society aware of and respect the diversity of the population.
  • To collect disaggregated data with an intersectional focus on the LGBTI+ population, including information on the violence they face.
  • To train authorities, mainly justice operators, health and education providers, so that LGBTI+ people can access these basic services without discrimination and without restrictions based on prejudices about sexual orientation and gender identity.
  • Adopt policies and laws that allow LGBTI+ people to fully enjoy their rights, such as the gender identity law.
  • Sign, ratify and implement the Inter-American Convention Against All Forms of Discrimination and Intolerance.

[1] “Pico y género” was a sex-based quarantine measure temporaily implemnted in Bogotá and Cartegena, where women and men were allowed out for essential tasks on alternating days of the week; trans women and men could go out according to their gender identity. However, the policy resulted in some 20 cases of targeted discrimination against trans people.

UN High Commissioner calls for urgent change in Nicaragua’s approach to upcoming elections

Yesterday, June 22, United Nations High Commissioner for Human Rights Michelle Bachelet delivered an oral update on the situation in Nicaragua before the UN Human Rights Council. Bachelet expressed her concern at the rapid deterioration of the human rights situation in Nicaragua, which “makes it unlikely that Nicaraguans will be able to fully exercise their political rights in the elections on 7 November.” 

 Bachelet expressed regret that the State of Nicaragua has failed to comply with almost all of the recommendations made by the Human Rights Council and the Office of the High Commissioner for Human Rights (OHCHR) since the beginning of the country’s socio-political crisis in April 2018. 

 The High Commissioner also denounced various acts of repression carried out by the National Police, paramilitary forces, pro-government media, and other state actors against human rights defenders, student activists, independent journalists and media outlets, lawyers, social and political leaders, indigenous communities in the Northern Caribbean region, rural campesino communities, and the family members of those killed during the 2018 protests. 

Bachelet stated that recent detentions of political opposition leaders were carried out “under ambiguous criminal offences and without sufficient evidence” and furthermore “were marked by serious violations of due process.” These criminal offenses were established in the recently passed Law against Money Laundering and Terrorist Financing; Law in Defense of the Right to the People to Independence, Sovereignty, and Self-Determination; and a reform to the Criminal Processing Code that allows pre-trial detention for up to 90 days. The OHCHR and other international actors have challenged these laws on human rights grounds. 

Bachelet stated that although Nicaragua adopted an electoral reform law in May of this year, “it fails to introduce safeguards to guarantee the impartiality and independence of electoral authorities and it unduly limits the rights to freedom of expression, association, peaceful assembly and political participation.” 

Bachelet called on the Government of Nicaragua to implement major changes before the upcoming general elections, including immediately freeing all those detained arbitrarily, ending all persecution against dissidents, ensuring the enjoyment of the civil and political rights required for free and fair elections, and ending legal efforts to close civic space. She also called on the Human Rights Council to “urgently consider all measures within its power to strengthen the promotion and protection of human rights in Nicaragua” and restated that the OHCHR and other international mechanisms should be allowed to return to Nicaragua immediately. 

Nicaraguan Foreign Minister Denis Moncada Colindres spoke in response to the oral update, stating that he took the floor to “defend justice and peace, defend Nicaragua’s right to live without outside interference, and to say, ‘enough is enough.’” 

The delegations of more than 59 countries signed a joint declaration urging the State of Nicaragua “to engage with the international community, to avail itself of technical assistance, to allow international election observers, and to re-establish dialogue and renew trust in democracy.” The delegations of the European Union, Switzerland, France, Argentina, and Liechtenstein each issued statements regarding the human rights situation in Nicaragua, as well. 

Statement 

The International Institute on Race, Equality and Human Rights (Race and Equality) supports all efforts by the United Nations to assist Nicaragua in overcoming the socio-political crisis that still grips the country. In the lead-up to November’s general elections, we request that the Office of the High Commissioner for Human Rights and the Human Rights Council continue monitoring the situation in Nicaragua and denouncing human rights violations. We also call upon the State of Nicaragua to free its political prisoners immediately and unconditionally, end repression of dissidents, allow international human rights actors access to the country, and take all other measures needed to ensure free and fair elections on November 7th. 

Human rights organizations condemn escalated repression in Nicaragua and demand the immediate release of all political prisoners

Human rights organizations urgently condemn the recent wave of repression launched against opposition figures, presidential candidates, journalists, business leaders, and former civil society leaders 144 days ahead of the country’s general elections.

In May of this year, the government of President Daniel Ortega, acting through the Public Ministry, initiated an investigation against presidential hopeful Cristiana Chamorro Barrios and two former employees of the Violeta Barrios de Chamorro Foundation, Walter Gómez and Marcos Fletes. The three are accused of supposed “money laundering” related to the Foundation’s finances between 2015 and 2019.

Journalists and civil society groups such as the Nicaraguan Center for Human Rights (CENIDH) reject this investigation as “part of a fierce campaign of persecution against independent journalism and an attack against civil and political rights.” Prosecutors have summoned and interrogated dozens of journalists, media executives, and business leaders connected to the Foundation.

The night of May 25, Marcos Fletes and Walter Gómez, respectively the Foundation’s former accountant and financial administrator, were violently detained by police and paramilitary forces.

On June 1, the Public Ministry requested that presidential hopeful Cristiana Chamorro Barrios be ruled ineligible for public office; that the Univision journalist Maria Lilly Delgado be prevented from leaving the country; and that two more former Foundation employees, Guillermo Medrano and María Lourdes Arróliga, have their movements restricted so that they could be called as witnesses. Medrano and Arróliga’s lawyers, however, warn of the possibility that the two may come to be treated as suspects.

The next day, a judge ordered Cristiana Chamorro Barrios’ detention and a search of her house, which was executed by dozens of officers and lasted over five hours. Since then, Chamorro Barrios has been held incommunicado under house arrest.

On June 5, presidential candidate Arturo Cruz was arbitrarily detained at the Managua airport for actions classified as “betrayal of the homeland” under the controversial Law #1055, the “Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace.”

 On June 7, presidential hopeful Félix Maradiaga was summoned before the Public Ministry for “inciting foreign interference in internal affairs,” “soliciting military interventions,” and “using foreign financing to carry out acts of terrorism and destabilization.” After appearing at the Ministry, Maradiaga was intercepted along with his driver and lawyer, who were later released.

The evening of June 7, the National Police raided the homes of presidential candidate Juan Sebastián Chamorro and former president of the Superior Chamber of Private Business (COSEP) José Adán Aguerri. The two men were also detained. Violeta Granera, a member of the Political Council of the National Blue and White Unity (UNAB, a coalition of opposition forces), was placed under house arrest for supposedly “inciting foreign interference in internal affairs” and “soliciting military intervention.”

On June 9, former National Assembly Member José Pallais, a member of the National Coalition (another opposition coalition) was arrested under charges of “damaging independence, sovereignty, and self-determination” by “inciting foreign interference in internal affairs,” “commending sanctions,” and other acts prohibited under Lay #1055.

On the night of June 11, CENIDH and the UNAB reported that Violeta Granera had been taken in an unmarked car from her home to an unknown destination. She resurfaced in custody of the courts. The next night, Tamara Dávila, another member of UNAB’s Political Council and leader of the Unamos party (formerly known as the Sandinista Renovation Movement) was detained.

On June 13, the National Police detained and raided the homes of other Unamos leaders and Sandinista leaders opposed to President Ortega. Among the detainees were Unamos president Suyen Barahona, the well-known Sandinista figure Dora María Téllez, the fighter and Sandinista retired general Hugo Torres; former Sandinista Renovation Movement president Ana Margarita Vijil; and the foreign minister of the first Sandinista government, Victor Hugo Tinoco.

Finally, on June 15, the National Police arrested Luis Rivas Anduray, the Executive President of the Bank of Production (BANPRO, a private bank company), who is now being investigated for supposed violations of Law #1055.

This wave of raids and detentions was carried out without warrants and under unusual conditions, with the majority of the detainees now being held incommunicado and forbidden from meeting with their lawyers. 

The organizations that have signed this statement express our serious concern at the use of the Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace, which violates multiple international human rights standards, to penalize and inhibit political opposition. We are also gravely concerned by the use of pre-trial detention orders lasting up to 90 days, a measure made possibly by recent reforms to the Criminal Code. Such detentions violate personal liberty and the right to the presumption of innocence.

We call upon the State of Nicaragua to act in accordance with recommendations made by the United Nations Human Rights Council and the Organization of American States with the goal of ensuring free and fair elections with national and international monitoring on November 7 of this year. We also demand that Nicaraguan authorities immediately cease all repressive actions against their citizens, unconditionally release all political prisoners, and restore the full exercise of their rights. These violations of fundamental rights must not remain in impunity. The Nicaraguan government must also be held accountable at the international level for this repression.

Once again, we call upon the international community to continue monitoring the ongoing crisis in Nicaragua and demanding respect and protection of the Nicaraguan people’s fundamental rights. 

Sign

Due Process of Law Foundation
Unidad de Protección a Defensoras y Defensores de Derechos Humanos – Guatemala (UDEFEGUA)
Center for Justice and International Law
Centro de Estudios Legales y Sociales (CELS)
CIVICUS
Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
Institute on Race, Equality and Human Rights (Race and Equality)
OXFAM
Organización Mundial Contra la Tortura (OMCT)
Plataforma Internacional contra la Impunidad
Red Internacional de Derechos Humanos (RIDH)

AMARC-ALC, CPJ, IFEX-ALC, Race and Equality and Voces del Sur condemn press freedom deterioration in Nicaragua, call on authorities to guarantee freedom of expression rights

While commemorating World Press Freedom Day, we, the undersigned organisations, condemn the serious deterioration in freedom of expression and press freedom taking place in Nicaragua. An environment that is hostile toward journalism persists in the country, providing no guarantees for the work of journalists. We have learned via complaints from affected journalists that they are being subjected to excessive scrutiny, insults and assaults while carrying out their work. They have also been forced to remove their face masks, used for preventing the spread of Covid-19, in order to be photographed and there have been reports of sexual abuse of journalists.   

It is disconcerting to note the unequal, exclusionary and discriminatory treatment received by independent journalists, who are prevented from carrying out their work and denied access to public information—including reliable information about the Covid-19 pandemic. In addition, independent journalists are constantly targeted with assaults and violations of their rights. This situation has been documented by national and international human rights organisations, as well as the local media. 

We express our solidarity with Nicaraguan journalists and media workers, recognising their bravery, courage and unwavering commitment to their vocation of seeking and sharing quality information despite the assaults, defamation, stigmatisation and culture of secrecy to which they are subjected as part of the current government’s strategy.

In recent months, legal proceedings have been used in an attempt to silence several journalists. Such is the case of Radio La Costeñísima journalist Kalúa Salazar, who, is addition to facing legal action, has also been repeatedly subjected to extensive police harassment, social media campaigns aimed at discrediting her, criminalisation of her activities and physical assaults, all for exercising her right to practice journalism.

As organisations that promote and defend freedom of expression and press freedom, we join the many voices that have been calling for progress in the case of murdered journalist Ángel Eduardo Gahona. We call on the government of Nicaragua to ensure that justice is served in the case, which dates back to April 2018. The individuals responsible for Gahona’s death must be identified and sentenced in order to bring three years of impunity to an end.

We are deeply concerned by the Nicaraguan government’s failure to implement the precautionary measures prescribed by the Inter-American Commission on Human Rights (IACHR) for journalists and their families. In addition, the failure to implement the 48 free expression recommendations provided to the state as part of the third cycle of the Universal Periodic Review conducted under the auspices of the United Nations Human Rights Council gives cause for concern. The recommendations are geared toward protecting and promoting freedom of expression, press freedom and access to information, in addition to ensuring respect for diversity and independence within the media. The government has also failed to comply with recommendations provided by the United Nations Office of the High Commissioner for Human Rights regarding establishing a dialogue based on international standards between the government and the opposition in order to address the serious and multi-faceted crisis in the country.  

Within the context of the upcoming general election scheduled for November 2021, we call on the Nicaraguan government to implement special measures for protecting journalists who will be providing coverage throughout the electoral process. To date, covering election topics, such as pre-candidacies and opposition party platforms and presentations in different parts of the country, has led to increased levels of abuse and restrictions on press freedom.

The IACHR’s Office of the Special Rapporteur for Freedom of Expression has noted that healthy democratic debate requires “the greatest possible circulation of ideas, opinions and information regarding the candidates, their parties and their platforms during the period preceding elections, mainly through the communications media, the candidates and other individuals who wish to express themselves. It is necessary for everyone to be able to question and investigate the ability and suitability of candidates, and disagree with and challenge their platforms, ideas and opinions, so that voters can develop their voting criteria.”

 Finally, we call on the Nicaraguan government to repeal the cyber-crimes and foreign agents laws, which run contrary to international freedom of expression standards. The existence of these laws has forced civil society organisations, including PEN Nicaragua and the Violeta Barrios de Chamorro Foundation, to shut down.

We, the undersigned organisations, fervently call on the Nicaraguan government to guarantee journalists’ security and refrain from using state apparatuses and the armed forces to harass and censor critical voices. We further call on the government to fulfil its international commitments, guaranteeing the freedom to exercise professional and independent journalism that provides reliable information regarding issues of public interest and protecting the right of citizens to receive information.

Signature organizations:

AMARC-ALC

CPJ 

IFEX-ALC

Institute on Race and Equality and Human Rights 

Voces del Sur 

Clément Voule – UN Special Rapporteur on the Rights to Peaceful Assembly and of Association: “I call on the government of Nicaragua to guarantee the right to peaceful assembly during the electoral process.”

Washington, D.C., April 21, 2021 – Since the societal eruptions began in April 2018, the government of Nicaragua has restricted the rights to freedom of assembly and peaceful protest in a manner that is unprecedented in the country’s recent history.  Furthermore, it recently enacted the Law on the Regulation of Foreign Agents, which has a direct negative impact on the right to freedom of association and led to the closure of civil society organizations that decided not to submit to it.

The UN Special Rapporteur on the Rights to Peaceful Assembly and of Association, Clément Voule, has repeatedly expressed his willingness to visit the country to learn first-hand about the situation regarding the freedoms of association, assembly, and peaceful protest.  In addition, together with other United Nations Rapporteurs, he has issued statements regarding the enactment of laws that are contrary to Nicaragua’s international human rights obligations.

In this interview with the International Institute of Race, Equality, and Human Rights (Race and Equality) held against the backdrop of the third anniversary of the outbreak of the Nicaraguan sociopolitical and human rights crisis, Voule discusses why it is so important for him to visit the country following the end of the COVID-19 health emergency, and he declares he will continue to appeal to the government to suspend the application of laws such as the Law on the Regulation of Foreign Agents and Special Cybercrime Law.

You have repeatedly expressed your willingness to visit Nicaragua. How do you think that your visit would contribute to improving the State’s performance with regard to freedom of association and freedom of assembly?

Nicaragua is indeed one of the countries that I would like to visit in the near future, once the restrictions imposed by the current sanitary crisis are lifted.

Country visits are conducted in a spirit of cooperation and dialogue. The objective is for the Special Rapporteur to gain first-hand understanding of issues related to the promotion and protection of the rights to freedom of peaceful assembly and of association, including efforts made and challenges remaining.

During an official country visit, the Special Rapporteur will meet with national stakeholders involved in promoting and protecting the rights to freedom of peaceful assembly and of association, including high ranking government officials, members of the legislative and judiciary, members of security and armed forces, police oversight mechanisms, representatives of the national human rights commission, civil society organizations, academics, along with other relevant parties. The purpose is to examine issues related to the realization of these two rights.

I will offer concrete recommendations to support the government’s efforts in strengthening the exercise of the rights to freedom of peaceful assembly and of association.

The Nicaraguan government has suppressed the right to peaceful assembly or demonstration. These prohibitions shape the context for the upcoming November elections and limit the possibility for free exercise of rights during these elections. What appeals would you make to the government in this situation?

According to the information that I received, the Nicaraguan Government since September 2018 has continued to ban public demonstrations organized by any group critical of the Government.

These restrictions are undermining the right of peaceful assembly, which is one of the fundamental rights on any meaningful and freely electoral process. I call on the Nicaraguan Government to fully guarantee the right to peaceful assembly in Nicaragua.

Since November 13, 2020, the Special Procedures, including your Rapporteurship, have made pronouncements regarding the Law on Foreign Agents and the Law on Cybercrimes. The Special Procedures have pointed out that both measures raise serious questions of compatibility with Nicaragua’s international human rights obligations. Has the State responded to these communications with any willingness to review the laws or collaborate with your technical assistance? How will the Special procedures continue to insist that these laws be brought into compliance with international human rights standards?

To date, we have not received any reply from the government to the communication OL NIC 3/20201 that was sent last November 2020 on the Law for the Regulation of Foreign Agents and the Special Law on Cyber-crimes. Together with other mandate holders, I detailed a number of concerns about such laws, which they deemed to be in violation of international human rights norms and standards.

One of the most serious concerns is that the Law for the Regulation of Foreign Agents prohibits those labelled as “foreign agent” from ‘intervening in internal political issues, activities or themes’ without defining those terms. This broad prohibition infringes not only the right to freedom of association, but on the rights to political participation, freedom of expression and peaceful assembly and severely limits the ability of civil society organizations, human rights defenders and journalists to raise any policy-related issue or participate in activities deemed political.

The law also includes disproportionate sanctions for non-compliance, as it provides for organizations to be dissolved or their funds sequestered when they fail to comply with minor administrative requirements.

I urge the government of Nicaragua to immediately suspend the application of the law and work with civil society organizations to ensure reforms.

I will continue the engagement with the government on these laws and will continue following closely the situation with the collaboration of local organizations on the ground as well as with OHCHR presence in Panama, who remotely monitors the situation in Nicaragua.

Is it common for your Rapporteurship to face so many obstacles to carrying out an official country visit, as has happened in the case of Nicaragua?

As mentioned earlier, my intention is to visit Nicaragua as soon as the restrictions are lifted and a common agreement with the Government is reached. Allowing and facilitating such visit will also show the government willingness to protect these rights and civic space in the country.

What message would you give to Nicaraguan civil society in a context of escalating reprisals against their work?

I would like to express my admiration to the courage and perseverance of human rights defenders and organisations of civil society in Nicaragua who face countless obstacles in carrying out their work. Since April 2018 my mandate has followed closely the situation in Nicaragua. It is crucial to maintain international attention to the human rights situation in Nicaragua as we are observing serious restrictions of the civic and democratic space, including attacks, harassment and threats to human rights defenders, journalists and social leaders. This is even more relevant in view of guaranteeing free, equal and transparent elections in November 2021. Civil society in Nicaragua have my support and I will continue my engagement with them to address the current crisis. I will also continue to engage with the government to ensure concerns raised by my mandate are addressed and the current situation is reversed.

Antonia Urrejola – President of the IACHR: “We will continue to tirelessly promote human rights in Nicaragua. Impunity and injustice will not perpetuate themselves.”

Washington D.C., April 20, 2021 – To commemorate three years of the grave sociopolitical and human rights crisis in Nicaragua, the International Institute of Race, Equality, and Human Rights (Race and Equality) interviewed the President of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola, on the role this body has played in the situation that has beset the country since April 2018 and what possible next steps might be taken to achieve truth, justice, reparations, and non-repetition for victims of the violence and repression.

Although to date nothing appears to have changed and the government has employed new strategies to violate and restrict the rights of the populace and persecute civil society, the opposition, human rights defenders, and journalists, Urrejola assesses as a positive the fact that – thanks to the efforts and commitment of various local, regional, and international sectors – the situation in Nicaragua has remained visible and as such, she believes that the impunity will be vanquished and the country will eventually return to a democratic context.

“The efforts in the area of international human rights law tend to not have immediate effects, though it’s also true that history shows that it’s about efforts ultimately producing results,” she affirms.

What role has the IACHR played in the crisis in Nicaragua, and how do you assess the response it has received from the State, the role of civil society, and the victims?

“I believe the role the Commission has played during the human rights crisis – which began with the repression of protests in April 2018 and continues today – has been fundamental.

“To arrive at this conclusion, all it takes is objectively observing the deployment of the IACHR in this context: since the beginning of the crisis, the Commission has issued four country reports, two thematic reports, [and] 102 press releases; hundreds of posts have been published on social media denouncing what is happening in the country; 92 precautionary measures have been granted to protect more than 300 people and their families; [and] more than 1,700 testimonials have been taken regarding the characteristics of the human rights violations that continue occurring in the country.  I should additionally note that the Commission maintains at least three records related to the crisis up-to-date: one of persons have died; one of incarcerated persons; and one containing the testimonials received directly from the victims or their relatives.

“Thanks to these actions, I would hazard to say that an important part of the international narrative about the crisis – that is, of the international organizations themselves, civil society, States in the region, and much of the world about the crisis in Nicaragua – has been marked in a noteworthy manner by the work the IACHR has performed through its Special Monitoring Mechanism for Nicaragua (MESENI) and at one point, by the report produced by the Interdisciplinary Group of Independent Experts (GIEI).

“Now then, there’s no doubt that the work of civil society has been essential in the exercise of the Inter-American Commission’s conventional mandate in Nicaragua.  You yourselves at Race and Equality, along with other international civil society organizations, for example, have been fundamental actors in denouncing and increasing the international visibility of the state of human rights in the country and utilizing protective mechanisms, such as precautionary measures, to aid persons whose rights are at grave and urgent risk in the country.

“I believe Nicaraguan civil society deserves special attention when we recognize important actors in this crisis.  Due to reasons of security of the organizations themselves and their members, I don’t believe it would be wise to discuss in detail the true dimensions of the wonderful coordination of efforts that have been made by civil society, particularly by the victims and their relatives.  However, I can mention some examples: the exhaustive recording and denunciation of persons who have been imprisoned during the crisis, which wouldn’t be possible without the coordination of civil society, the activism, and the victims and their relatives who have established the Mechanism for Recognizing Political Prisoners.  The silent, courageous, and committed recording work performed by the Asociación de Madres de Abril [Association of the Mothers of April] (AMA), to cite another example, is specific proof of how essential local civil society has been in monitoring the human rights situation in Nicaragua.  Nor would it have been possible to conceive of the prisoner releases that have occurred to date without the intervention of the Catholic Church and Verification and Security Commission.  All of these are initiatives by civil society are immensely valuable in addressing the human rights crisis faced by the country.”

As the Rapporteur for Nicaragua, you have exhibited great interest in the country and repeatedly issued statements regarding the situation there.  Now, as President of the Commission, how will you advocate for the return of the IACHR and MESENI to Nicaragua?

“There are always new developments in this area.  The work performed by the IACHR has achieved the important objective of maintaining international attention on the human rights crisis in Nicaragua in the midst of a context with many developments in the Americas in the area of human rights, in the face of the attempts made by the State to establish a sense or normality, and in the midst of the pandemic.

“But we achieved this objective by adapting to the changing circumstances of the crisis.  In this sense, we already have sufficient evidence that 2021 will be a different year in Nicaragua, and within that context we will keep Nicaragua as an unavoidable issue on the inter-American and worldwide agendas by adapting ourselves to the particular circumstances that are already characterizing this year.

“The efforts in the area of international human rights law tend to not have immediate effects; however, it’s also true that history shows that it’s about efforts ultimately producing results.  Sometimes States, as is occurring with Nicaragua now, appear to be immune to international calls to action, though as I was saying, the experience on our continent shows us that the processes of democratization are produced and impunity is ultimately vanquished by memory and justice.  The IACHR continues and will continue to work every day to fulfill its mandate and will be there, too, to collaborate with Nicaraguan society and the State itself when those processes are produced.”

The country is heading toward general elections without minimum guarantees, and does not give indications that it will enact electoral reforms between now and May of this year, as it was urged to do by the OAS.  How do you believe this failure to enact such reforms in a timely manner will impact on the human rights crisis?

“The OAS General Assembly issued a resolution last year urging Nicaragua to hold ‘free and fair’ elections this year.  This resolution calls on the State to, among other things, reform the regulations governing the Supreme Electoral Council (CSE).

“In early 2018, the Inter-American Commission highlighted the lack of independence and neutrality of the CSE as one of the factors influencing the situation in Nicaragua, wherein one sees a disturbance of the constitutional order that gravely impacts its democratic order.  That lack of neutrality and independence is manifested, as was pointed out by the Commission, in decisions that impact political forces in the opposition.

“The IACHR has not been oblivious to these issues and will be very attentive to this electoral year’s developments, because there are also human rights standards that must be respected vis-à-vis political rights.  That continues to be an area in which the State of Nicaragua must carry out institutional modifications so as to ensure free and fair elections.”

In the midst of an unresolved socio-political and human rights crisis, the government approved laws and reforms, such as reforming Article 37 of the Constitution and the Code of Criminal Procedure, which has merited serious questioning in the area of human rights.  How can the Commission advocate on behalf of the government repealing these laws?

“The Commission and its competent Rapporteurs have already issued specific pronouncements regarding the so-called Law on Foreign Agents, the provisions of the Special Law on Cybercrime, and the Law on the Defense of the People’s Rights, expressing that they do not satisfy international human rights standards and calling for them to be invalidated.  Similarly, it has expressed its concern regarding the possible repressive use that could be made of the reforms to the Constitution, by establishing life sentences, and the Code of Criminal Procedure, by extending incarceration without indictments.  The United Nations Office of the High Commissioner for Human Rights has issued similar statements.

“As I noted earlier, these appeals and pronouncements aren’t a direct and immediate guarantee that those laws will be repealed, though they do influence the international agenda, which in turn influences the changes that should occur in Nicaragua.  We will not rest, and I know that civil society itself will not rest in promoting these changes.”

What is your assessment of the difficulties encountered in the State of Nicaragua’s compliance with the precautionary measures, and what opportunities do you see that those measures will be implemented in the current context?  In what stage is the definition of a protocol for its implementation?

“Under the current circumstances, given the complete lack of collaboration and information from the State, the adoption of a protocol for implementing precautionary measures doesn’t appear to be on the horizon, as it would of course require collaboration and willingness on the part of the State.

“Likewise, I can say that the State has not complied with the precautionary measures granted by the IACHR.  Nonetheless, the precautionary measures granted have not been altogether scant in terms of protecting the persons who are their beneficiaries.  To mention just one example, the 17 people who were the beneficiaries of precautionary measures, and for whom the Inter-American Court later issued precautionary measures, were released from prison.  In the midst of the crisis and the suffering that it causes people, these small, though still insufficient, triumphs give us hope.”

What message do you wish to send to Nicaraguan civil society within the context of today’s escalating reprisals against organizations?

“That this will be a predictably difficult year following the laws that were enacted between the end of last year and the beginning of this one.  Within that framework, I would like to communicate to them that we will be keeping our eyes closely on the situation every day and are fully prepared to publicly denounce human rights violations and take protective measures when appropriate.”

What message would you like to send to the victims and their families?

“That following their example, we will continue to tirelessly promote human rights in the country; that impunity and injustice will not perpetuate themselves.  In addition, as we always stress in the Commission, I send them a message of deep appreciation, as their commitment, courage, and work also makes our work possible.”

Civil society organizations in Nicaragua suffer from persecution and grave violations to fundamental freedoms

Three years following the outbreak of the sociopolitical and human rights crisis in Nicaragua, repression persists against the victims of human rights violations and their family members; human rights defenders, including defenders from the LGBTIQ, indigenous, and Afro-descendant communities; journalists; members of the opposition; and civil society.

The State of Nicaragua implements a strategy of hindering the work of human rights defenders through acts of intimidation, threats, systematic campaigns of stigmatization, confiscation of assets, and promulgation of laws that contravene international human rights standards, such as the Law on the Regulation of Foreign Agents and Law on Cybercrime. 

The International Institute of Race, Equality, and Human Rights (Race and Equality) spoke with representatives of three civil society organizations that have experienced reprisals due to their work promoting and defending human rights.  We asked them to share with us their assessments regarding the crisis, a call to action aimed at the international community, and a message for human rights defenders.

Marlin Sierra: Without providing a shred of evidence, the government has accused NGOs of conspiring against the State.

Marlin Sierra, a representative of the Centro Nicaragüense de Derechos Humanos [Nicaraguan Human Rights Center] (CENIDH), denounced the fact that the Nicaraguan government has accused non-governmental organizations of conspiring against the State.  As such, the new legislation has the goal of “creating an extremely restrictive environment for the work of human rights defense, thereby significantly reducing its activities and deepening the existing state of terror in the country,” he stated.

In December 2018, CENIDH’s legal personality was arbitrarily cancelled and its assets seized.  In February 2021, the Ortega government confirmed that it would illegally keep CENIDH’s offices in the cities of Managua and Juigalpa after converting them into agencies of the Ministry of Health (MINSA).

Despite this grave attack against the freedom of association, CENIDH has continued its work in defense of human rights and recognizes the commitment of international human rights bodies to Nicaragua.  “They have not restricted themselves to condemning restrictive laws . . . [but rather,] have emphasized the essential role of defenders, human rights organizations, and civil society in promoting and protecting human rights,” declared Sierra.

Lastly, in his message to human rights defenders, Sierra quoted Dr. Vilma Núñez, the founding President of CENIDH: “Defending human rights entails consciously assuming the risk of confronting the sources of power that violate them,” and emphasized the importance of defining new strategies for continuing to resist and accompanying victims in the pursuit of justice.

Lottie Cunningham: The government has formalized administrative and bureaucratic barriers.

Lottie Cunningham, the founder of the Centro por la Justicia y los Derechos Humanos de la Costa Atlántica de Nicaragua [Center for Justice and Human Rights of the Atlantic Coast of Nicaragua] (CEJUDHCAN), declares that the government has established administrative and bureaucratic barriers in order to limit NGO operations, hinder access to foreign funding, and criminalize the work of human rights defenders.

Cunningham noted that, while the cancellation of the [NGOs’] legal personality has been the most visible expression of the violation of the freedom of association, “other negligent provisions and actions have been denounced that have reduced these organizations’ room for operation.”

“[The organizations] have been unable to access the necessary documentation as a result of the unfounded setback by State authorities to enable them to issue the corresponding proof. . . . Later, they impose fines that generate greater expenses for the associations,” denounced the defender.

Cunningham called on the international mechanisms of the IACHR and UN to continue demanding that the government review its laws, create a public space for discussing their content with civil society, actors, and experts in the [respective] fields, and allot additional time for public consideration of legislation, with an eye to guaranteeing that it is aligned with international human rights regulations and standards.

Lottie issued a message of resistance to her colleagues and the Nicaraguan people; “Let’s continue to fight for democracy and the rule of law by using national and international mechanisms, as well as performing acts of civic responsibility.”

Haydeé Castillo: Let us not allow the dream of the April Rebellion to fade.

Haydeé Castillo, the President of the Instituto de Liderazgo de Las Segovias [Las Segovias Leadership Institute] (ILLS), which was also seized by the police in December 2018 and has been converted into a school affiliated with the State’s Universidad Nacional Autónoma de Nicaragua [National Autonomous University of Nicaragua] (UNAN), believes the sociopolitical crisis in Nicaragua “has worsened,” given that the country is being buffeted by an economic crisis, the deterioration of the social fabric, and the despair of the Nicaraguan people, who “are resisting in a state of total defenselessness in the face of an extremely criminal system.”

Faced with this situation, the defender declares that dictatorships do not understand calls to action and appeals, and that one of the greatest challenges confronted by the Inter-American System and Universal Human Rights System is to “establish binding mechanisms of obligatory compliance for States that have ceased protecting their people.”

Castillo issues this message to her colleagues: “Let’s not permit the dream of the April Rebellion – to establish a system at whose core are human rights and respect for human dignity – to fade.  Let’s continue making history; without our work, the victims will continue being unprotected by the justice system and the people of Nicaragua and the international community won’t be able to prove that we lived under a regime that committed crimes against humanity.”

Three years of impunity in Nicaragua: Race and Equality Demands Truth, Justice, Reparations, and Non-Repetition

Washington, D.C., April 16, 2021 – On this third anniversary of the unleashing of the sociopolitical crisis in Nicaragua – which has left more than 300 people assassinated, hundreds of political prisoners, thousands of exiles, and numerous cases of grave human rights violations – the International Institute on Race, Equality, and Human Rights (Race and Equality) joins its voice to the appeals for truth, justice, reparations, and non-repetition, and urges the State to cease the repression and guarantee the conditions of freedom and democracy that Nicaraguans yearn for.

Context

A de facto state of emergency exists in Nicaragua that is manifested in the growing restrictions to civic space; grave human rights violations; more than 100 political prisoners continuing to languish in Nicaragua’s jails; the inadequate management of the health crisis and incompliance with the recommendations of the World Health Organization (WHO) and Pan-American Health Organization (PAHO); the situation of the indigenous and Afro-descendant communities on the Caribbean Coast, which has been aggravated by Hurricanes Eta and Iota; and the persecution of the victims of human rights violations, human rights defenders, people in the opposition, journalists, and civil society.

The State of Nicaragua continues its failure to comply with the recommendations of international human rights mechanisms regarding the reestablishment of democratic guarantees and human rights in the country.  In recent months, the National Assembly has enacted regressive and restrictive laws and reforms, such as the Special Cybercrime Law; Law for the Regulation of Foreign Agents; Law on the Rights of the People to Independence, Sovereignty, and Self-Determination for Peace; and a reform of the Code of Criminal Procedure that permits a person to be imprisoned for up to 90 days while an investigation into his/her alleged crime transpires.

And more recently, a bill to reform the Electoral Law that does not follow the recommendations set forth in the resolution approved by the Organization of American States (OAS) General Assembly in October 2020 or the new resolution of the United Nations Human Rights Council, which urges the Nicaraguan government to undertake significant and inclusive negotiations with civil society and the opposition, calling on the government to work with international organizations to enact electoral reforms no later than May 2021.

On the contrary, the reform bill was unilaterally drafted and presented, and restricts the rights to freedom of expression and association.  It prohibits independent electoral observation; considers inhibiting the participation of opposition candidates; [and] transfers the powers of the Consejo Supremo Electoral [Supreme Electoral Council] (CSE) to the National Police, enabling the latter institution to make decisions regarding campaign activities, among other measures that do not guarantee that the general elections scheduled for November 7, 2021 will be held in a free, fair, and transparent manner, in accordance with international standards.

Campaign

Given this context, as a way to commemorate the third anniversary of the April 2018 civil rebellion, Race and Equality will launch a campaign this Monday, April 19th to heighten the visibility of the grave human rights violations in Nicaragua, arduous work of civil society organizations in promoting and defending human rights, demands of the victims of human rights violations and their relatives, and position of the international communities in this profound crisis.

We interviewed five victims of grave human rights violations; three representatives of Nicaraguan civil society organizations; the President of the Inter-American Commission on Human Rights (IACHR), Antonia Urrejola; and United Nations Special Rapporteur on the Rights to Peaceful Assembly and of Association Clément Voule.

All campaign materials will be published on our accounts on Twitter, Facebook, and Instagram, as well as on our website.  We invite the international community, national and international press, and civil society to join our campaign by sharing it and using the hashtags #SOSNicaragua and #Nicaragua3AñosdeImpunidad [Nicaragua Three Years of Impunity] to ensure our call for a halt to the repression and demand for truth, justice, reparations, and non-repetition are heard in Nicaragua and throughout the world.

Before the IACHR: Nicaragua’s colonization policy exposes indigenous peoples to ethnocide

March 19, 2020.- The colonization of indigenous territories on the Nicaraguan Caribbean coast, encouraged by extractive activities on the natural resources necessary for the livelihood of Miskitu and Mayangna communities; the serious violations committed to deprive them of their territory; the resulting forced displacement and the food crisis faced by the communities expose these peoples to a posible ethnocide.

This situation was raised yesterday before the Inter-American Commission on Human Rights (IACHR) during the thematic hearing “Impact of colonization in indigenous territories of the Atlantic Coast in Nicaragua”, held within the framework of the 179th Period of Sessions of this organism.

During the hearing, civil society organizations denounced that the cattle ranching, gold mining and forestry industries have promoted the colonization of the Caribbean coast, in complicity with the Nicaraguan State, which has failed to comply with the territorial saneamiento process and to guarantee the consultation and consent of indigenous and Afro-descendant peoples for the installation of extractive projects. They also assured that the Nicaraguan State has participation and interests in these sectors, among others, through the investment promotion agency (ProNicaragua), its four-year human development plan, and the direct participation of state and parastatal companies in the colonization, such as ENMINAS and Alba Forestal.

In this regard, the organizations stated that Nicaragua has the largest livestock industry in Central America, 95% of which is destined for export. Gold mining has also grown under the Ortega government, with approximately 60% of Nicaragua’s land mass going to mining concessions, including exploration in autonomous territories. They also denounced that senior regional and national government officials have approved the illicit land sales and logging permits within communal lands; and raised concerns about the regulation of permitting the extraction of fallen trees following the passage of IOTA and ETA in 2020.

The Nicaraguan State has also promoted private interests and political control in indigenous and Afro-descendant territories through the installation of parallel communal and territorial governments, while refusing to recognize the authorities elected by the population.

As a result of this colonization policy, at least 13 murders, eight people wounded in armed attacks, two kidnappings and the forced displacement of a community were documented in 2020 alone. Thus, in the last decade, between 2011 and 2021, 49 Miskitu indigenous people have been killed, 53 people injured, 46 kidnapped and 4 disappeared. The organizations estimate that violence has forcibly displaced approximately 1,000 Miskitu people in just 12 communities. To date, these acts remain unpunished.

Individuals and organizations that defend the land, territory and human rights of indigenous peoples in this region also face serious risks. According to the organizations, they experience continuous harassment, acts of stigmatization and threats, digital harassment, and administrative and bureaucratic barriers imposed by the government to limit their work. This, without the State fulfilling its obligation to develop protection mechanisms and investigation protocols for cases against human rights defenders, as ordered by the Inter-American Court of Human Rights (IACHR Court) in 2017.

Against this backdrop, the president of the Inter-American Commission, Antonia Urrejola, reminded the State of Nicaragua of its obligation to comply with the regulation of the territories of the Caribbean coast, as well as the right of indigenous peoples to collective property that contemplates not only the titling of ancestral territories, but the obligation not to grant exploration or exploitation concessions in these territories; and to respect the right of peoples to prior, free and informed consultation.

For its part, the State of Nicaragua, represented by Wendy Morales Urbina, Attorney General of the Republic, committed to receive information from civil society organizations, as well as to inform the IACHR about the situation of indigenous peoples on the Caribbean coast and its measures to respond to the facts presented.

Finally, the civil society organizations made a series of requests to the Commission. Among them, they requested that the IACHR demand that the Nicaraguan State:

  1. Immediately ceases all types of threats and attacks against individuals and communities defending the rights of indigenous and Afro-descendant peoples; and refrain from taking reprisals against the participants in the hearing.
  2. Immediately, exhaustively and impartially investigates the facts denounced, punish those responsible and provide reparations to the victims.
  3. Urgently and immediately implements the precautionary and provisional measures granted to the indigenous communities.
  4. Informs about the plans and concrete measures to implement the remediation of the 23 territories of the Caribbean coast.
  5. Adopt the necessary measures to guarantee the return of displaced families from their communities and guarantee adequate access to basic services.

The organizations that participated in the hearing are the Center for Justice and International Law (CEJIL), the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN), the Center for Legal Assistance to Indigenous Peoples (CALPI), the International Institute on Race, Equality, and Human Rights, the Oakland Institute, and the World Organization Against Torture (OMCT).

International Day for the Elimination of Racial Discrimination: Afro-descendants call on States to address COVID-19 through inclusive and effective public policies

Washington, D.C., March 19, 2021.– One year after the arrival of COVID-19 to the Americas, the pandemic continues to impact the region’s Afro-descendant population in distinct and disproportionate ways. As we approach International Day for the Elimination of Racial Discrimination (March 21), the International Institute on Race, Equality and Human Rights (Race and Equality) calls on States across the region to tackle the pandemic with public policies that account for this differential impact and guarantee economic recovery for all.

In our work defending and promoting human rights across Latin America and the Caribbean alongside historically marginalized groups such as Afro-descendants, we have tracked the pandemic’s impact on vulnerable populations and studied government responses across the region. According to the UN Economic Commission for Latin America and the Caribbean, the region’s 130 million Afro-descendants make up 21% of the total population.

Different conditions, different impacts

COVID-19’s distinct and disproportionate impact on Afro-descendants is rooted in the structural racism, structural discrimination, and exclusion from which Afro-descendants were suffering before the pandemic due to both actions and omissions by regional governments. From the very beginning of the pandemic, this marginalization manifested as a lack of information in Afro-descendant communities about how to prevent infection and serious difficulties in accessing national health systems for those infected. Over the course of the pandemic, a surge of violence in countries such as Brazil and Colombia, perpetrated by both the police and criminal groups, has further threatened Afro-descendants’ rights.

Other than Brazil, no country has issued official statistics on how many Afro-descendants have contracted or died from COVID-19. Civil society organizations, however, have continued to document the inequalities facing Afro-descendants throughout the pandemic. In August 2020, Race and Equality published a report addressing the situation of Afro-descendants during the pandemic. Paola Yáñez, regional coordinators of the Network of Afro-Latina, Afro-Caribbean, and Disapora Women, is quoted in the report as saying, “COVID-19 doesn’t discriminate, but we feel its effects in distinct ways because we don’t live in the same conditions.”

A regional view

Race and Equality’s partner organizations in the region emphasize that Afro-descendants began the pandemic in a situation of particular risk due to the discrimination and exclusion shaping their lives. When the pandemic took hold, government responses were generally inadequate and failed to account for the particular situations of Afro-descendant communities.

In Brazil, where President Jair Bolsonaro continues to deny the severity of the pandemic, Afro-descendants represent 67% of those who rely on the public health system. The majority of Brazilians who suffer from diabetes, tuberculosis, hypertension, and chronic kidney issues, all of which are aggravating factors for COVID-19, are also of African descent. According to the Brazilian Institute on Geography and Population, the COVID mortality rate for Afro-Brazilians has been 92 deaths per 100,000 people, while for the white population it has been 88 per 100,000.

In Colombia, Afro-descendant organizations have raised the alarm regarding their communities’ vulnerability to the pandemic, stemming from poor coverage by the public health and social security systems in majority-Afro-descendant areas. In cities such as Buenaventura (Valle de Cauca department) and Quidbó (Chocó department), the local hospital attends to 400,000 to 500,000 people without sufficient personnel or resources.

The Cuban government has used policies to prevent the spread of COVID-19 as a cover for police actions that prevent human rights defenders from carrying out their work. Members of the Citizens’ Committee for Racial Integration (CIR), for example, have suffered arbitrary detentions, police raids, and attacks throughout their campaign demanding that the government implement its touted National Program Against Racism and Racial Discrimination.

In Nicaragua, the impact of the pandemic is largely unknown due to the government’s refusal to publish thorough and timely statistical reports. Afro-descendant and indigenous populations on the Caribbean coast, however, entered the pandemic in a situation of extreme precarity due to violent land invasions and a lack of health and education services. Their vulnerability to the pandemic has only worsened due to the impact of hurricanes Eta and Iota in November 2020.

In Mexico and Peru, both of which are among the hardest-hit countries in the region and the world, Afro-descendant communities have faced particular challenges. In Mexico, the 2020 census-which, thanks to the efforts of Afro-Mexican activists, was the first to include self-identification of Afro-Mexicans-coincided with the pandemic and was severely limited. In Peru, the official response to the pandemic was hampered by a political crisis stemming from the removal of President Martín Vizcarra.

The Convention against Racism is more important than ever

As we approach International Day for the Elimination of Racial Discrimination, and in the context of the International Decade for People of African Descent, Race and Equality calls on all States to adopt the necessary measures to fight racism, racial discrimination, xenophobia, and the intersecting forms of intolerance that afflict people of African descent. These measures include legal reforms, the adoption of international instruments, and the implementation of effective policies.

Race and Equality continues to call upon States to ratify the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance. The Convention represents an effective and comprehensive framework for guaranteeing the enjoyment of economic, social, cultural, civil, and political rights of Afro-descendant people. To date, only Antigua and Barbuda, Costa Rica, Ecuador, Mexico, Uruguay, and Brazil (as of February of this year) have ratified the Convention. Brazilian civil society organizations continue to work to ensure that the Convention is implemented.

Race and Equality calls upon States to:

  • Undertake public policies that combat structural racism and racial discrimination against Afro-descendant people.
  • Improve national health, employment, and educations systems, including by eliminating the gulf between urban and rural areas.
  • Prioritize Afro-descendant and indigenous communities in post-pandemic economic recovery plans.
  • Incorporate particular efforts to address Afro-descendants into emergency response plans. These efforts should respect Afro-descendants’ right to free, prior, and informed consent; account for intersectional human rights issues; and address the needs of vulnerable populations such as children, women, displaced people, migrants, and LGBTI people.
  • Create permanent programs to collect accurate, detailed, and disaggregated data on health, education, employment, and access to justice.

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