“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.

Leyla Huerta – Féminas Perú: The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist

Washington D.C., April 1, 2021 – On June 7, 2015, the Peruvian organization Féminas was created with the aim of empowering trans women to achieve recognition and respect for their rights. The International Institute on Race, Equality and Human Rights (Race and Equality) spoke with its founder and director, Leyla Huerta, who in addition to explaining the context that inspired the formation of Féminas, also described its future projects and the current situation trans women face in Peru.

Féminas emerged from the empowerment and activism Leyla envisions for trans women. By participating in other organizations that work with this population, Leyla was able to identify that in many cases, the bureaucracy and concentration of responsibilities do not correspond to the needs of women in terms of training and advocacy.

The leader explained, “I started questioning and saw that it made some people uncomfortable. Community activism was not an interesting scene. So, I stayed out of it, not participating in any organization. I continued to grow professionally and had the opportunity to coordinate a big project alongside trans women. With these women I began to create empowerment meetings within the workplace, and that’s how Féminas was formed.”

For Leyla, community activism is fundamental in changing reality and, therefore, the basis of Féminas’ work. “The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist. The mere fact of existing without saying anything, just your presence in a neighborhood, begins to question the existence of gender diversity.”

The impact of COVID and their Plans

The COVID-19 pandemic made 2020 a year full of challenges for Féminas, both in its organizational processes and advocacy actions. In addition, the abrupt removal of President Martín Vizcarra, meant a break in the discourse of support for the trans population, where previously the presidency and key institutions handled trans populations’ political recognition and guarantee of rights.

Peru does not have a Gender Identity Law, therefore name change is only possible through a judicial recourse, a process that can be very long and expensive. With COVID-19, the possibility of carrying out this process online opened, but trans people have encountered numerous limitations, such as the lack of instruction manuals that clearly explain procedural steps. For this reason, Leyla points out that the pandemic is delaying the objective of accumulating a high number of name change petitions and generating jurisprudence in this process.

A positive aspect is that the pandemic has forced the State to update its information and registration systems. “A girl changes her name now and everything is updated, (because) everything is online. The work that had to be done for this, took time so we do not have to go through all the institutions to change the name on all the documents. It is a great advantage for those who have been able to change their names,” Leyla explains.

A double burden

In the presence of COVID, Féminas provides humanitarian aid to trans women, which involves, in addition to regular meetings, a process of aid planning, identification of beneficiaries, dissemination on social networks, and production of informative videos. And while these actions respond to their vision as an organization, they cannot deny that it implies greater effort, and labor, which makes them reflect on the double burden that transgender people face as a result of their gender expression and gender identity.

“We say that ‘with everything that cis people experience politically, imagine how it is for trans people.’ Because we too are affected by the government, a political landscape where hate speech and the identity of people are used to generate shows and people don’t realize it. People are so consumed by capitalism that they don’t realize they are following this hate speech.”

Regarding the dismissal of Martín Vizcarra on November 10, 2020, Leyla claims it signifies a “lost battle” in the struggle for the recognition and guarantee of rights of trans people. Leyla explains, “Vicarra’s government tried to have a very inclusive vision. Unfortunately, it was also evident that much more is still lacking, but interesting things have occurred. The topic of “pico y género” and ministers discussing gender identity and gender expression, I believe has been very important.”

Féminas recognizes the Ministry of Women and Vulnerable Populations, the Ministry of Social Inclusion, and the Ministry of Justice and Human Rights as partners in the struggle. Leyla insures that within these Ministries there are people who have helped bring several changes, but due to the political crisis, this support was interrupted by a change in officials.

 What they want in the future

In the last five years, Féminas has managed to be in the Violence Against Women Plan, gotten trans women to be mentioned for the first time in a technical norm, and sought to continue name change trials to generate jurisprudence. Above all, it has fostered trust among the trans community. The latter is a point that Leyla considers fundamental, especially given the history the trans community has endured in Peru.

Leyla knows that to continue achieving these results as well as others, it is necessary to promote training processes and professionalization, which they were able to work on during the quarantine enforced by the COVID-19 pandemic. She states, “I want stability for Féminas, I see Féminas that way. An institution where we can provide different services, where we can have a research clinic, as an institution that can channel support for trans women and not lose that theme of idealism.”

The director stresses that in this process of growth they do not want to lose sight of community activism and always give prominence to women. “To continue at the community level (…), to be able to professionalize, contribute and improve the status of trans women, however it must be for trans women themselves and not only to develop the space where they will be. We are not going to achieve this change alone, with one or two people, but rather all together we can advance the conditions of the population,” Leyla reaffirms. She also mentions the political arena, as she considers it an important space for achieving sustainable change.

Race and Equality recognizes the importance of the work carried out by organizations such as Féminas in favor of trans people. We see with particular attention that the health emergency generated by COVID-19 during 2020, exacerbated many challenges. However, during this time the LGBTI community has learned many lessons, continuing to resist, heal and support each other.

Within this context, Race and Equality recognizes the different types of violence that LGBTI people endure, its diverse intersections with identity and sexuality, and the influences specific country contexts play. For this reason, we reiterate our support and accompaniment to organizations, like Féminas, who struggle every day to achieve the recognition of diverse gender expressions and gender identities.

International Day of Trans Visibility: Honoring the struggle to protect and promote trans rights in the Americas

Washington, D.C.; March 29, 2021 – On the eve of International Day of Trans Visibility (March 31), the International Institute on Race, Equality and Human Rights (Race and Equality) honors the activists who work tirelessly to protect and promote the human rights of trans people in Latin America and the Caribbean. We also call upon all States to put in place laws and policies that ensure respect, recognition, and full enjoyment of rights for the region’s trans population.

Sadly, for yet another year, the Day of Trans Visibility will be marked by a lack of recognition and protection for trans people in the Americas, resulting in threats, physical and verbal attacks, persecution, exclusion, and the deaths of people with diverse gender expressions and/or identities. According to the international organization Trans Respect vs. Transphobia, of the 350 killings of trans people that were reported worldwide between October 1, 2019 and September 30, 2020, 82% took place in Latin America.

The COVID-19 pandemic worsened the already-vulnerable situation of trans people throughout 2020. Some governments failed to consider trans people’s needs when designing gender-based pandemic response measures, exposing trans citizens to sanctions for supposedly violating these measures. Meanwhile, both police violence and violent criminal attacks against trans people increased during the year, especially violence against trans women sex workers.

Despite this adverse context, however, activists and civil society organizations remain firm in their commitment to fight for trans people’s fundamental rights. Race and Equality applauds the trans community’s efforts throughout the region and is committed to providing support and technical assistance as civil society advocates before regional and international human rights bodies.

To commemorate International Day of Trans Visibility, Race and Equality spoke with activists from around the region about their work and about their visions for a just society. These activists spoke of great challenges, but also of the victories they have won and their dreams for the future.

Recognition and respect

The Brazilian journalist Caê Vasconcelos told us that society needs to learn to see trans men in their full and complex totality. Caê, himself a trans man, said, “we should be able to bring our whole life stories, experiences of life, struggle, love, care, and all the power that our trans bodies have.” He emphasized that a lack of knowledge of trans people’s experiences renders them invisible in Brazilian society. This invisibility manifests, for example, in a total lack of gynecological or pregnancy care for trans men. Making trans people’s needs visible is a vital step to honoring their existence and ensuring their rights as full citizens.

This invisibility also results in transphobia and violence against trans people as Brazil’s cis-heteronormative structures lash out against those who are different. As the National Association of Travestis[1] and Transsexual People (ANTRA) reported in their Dossier on Homicides and Violence against  Travestis and Transsexual People in Brazil (2020), some conservative ideologies and political sectors encourage this hatred, leading to Brazil’s status as the country with the most murders of trans people.

In Nicaragua, the human rights activist and former political prisoner Victoria Obando sums up the trans movement’s demands as, “Stop killing us.” Recently, Nicaragua’s LGBT community was horrified by the brutal murder of Anahís “Lala” Contreras, a 22-year-old trans women who was beaten by two men and dragged behind a horse. For Victoria, such a grotesque act reveals the levels of violence and exclusion facing trans people in Nicaragua.

The case of Celia Cruz is indicative of the arbitrary persecution and criminalization that trans Nicaraguans have suffered at the hands of their government throughout the socio-political crisis that began in April 2018. Celia, a trans woman, has been held in a men’s prison since April 21, 2020, where she is serving a 10-year sentence after being convicted of obstruction of justice and kidnapping for ransom.

Tomás Anzola, coordinator of the Trans Support and Action Group (GAAT) in Colombia, told Race and Equality that he wishes “for trans people to be able to construct our own identities and bodily experiences in loving and safe environments, in the company of our support networks.” In Colombia, the COVID-19 pandemic has resulted in increased violence against trans people, with 28 trans people (27 women and 1 man) killed in 2020 and 6 already killed in 2021.

As Colombian society debates the decriminalization of abortion, several trans organizations have spoken out about the need to ensure that reproductive rights extend to trans Colombians, emphasizing that denying such rights to trans people denies their very identities. These organizations are also demanding reforms to the National Police after an attack against a trans woman in Soacha (Cundinamarca department) in which police officers insulted, attacked, and sexually abused her.

Colombia’s trans activists and organizations make clear that Colombia has not yet implemented effective public policies guaranteeing full recognition and enjoyment of trans people’s rights. This failure, they emphasize, leaves trans people highly vulnerable to prejudice and violence.

Living without fear

Isabella Fernández, an activist with the Peruvian organization Féminas, told Race and Equality that above all, she wishes for trans people to be able to grow up in homes free of violence and discrimination. Worldwide, trans people and others with diverse gender expressions and/or identities frequently leave home after being rejected by their families, putting them at risk of violence and other harm.

In Peru, organizations fighting for LGBT rights are working towards a national law on gender identity, seeking to ensure that trans people can have their genders recognized by public and private institutions. Currently, those whose genders do not correspond with their civil registrations or identity documents struggle to access health services, education, jobs, and housing.

The Dominican activist Geisha Collins, part of the organization Trans Siempre Amigas (Trans Always Friends, or TRANSSA) shared with us that trans women must have access to identity documents that reflect their genders, which is why TRANSSA is fighting for a gender identity law in the Dominican Republic. Geisha also works to fulfill trans Dominicans’ right to health services that reflect their needs and for access to education, work, and the justice system without discrimination.

TRANSSA is also leading a national campaign for the General Law on Equality and Non-discrimination, which will put into practice the guarantees of Article 39 of the Dominican Constitution. The draft law includes sexual orientation and gender identity as protected categories, outlawing “the denial of the right to enjoy a gender identity of one’s choosing,” which in turn “implies the right to reassign one’s gender or image on public documents.”

Race and Equality laments the lack of recognition for trans people on the part of States and societies in Latin America and the Caribbean, which in turn leads to violence and human rights violations. We support the demands of trans activists and organizations across the region and call on States to respect and protect all people’s human rights, without regard for their sexual orientation or gender identity and/or expression. We recommend the following steps to governments across the region:

  • Approve gender identity laws that allow trans people to exercise their citizenship under the correct gender without obstacles or delay, as called for in Consultative Opinion 24-17 of the Inter-American Court of Human Rights.
  • Strengthen programs to train public servants, including the police and judiciary, on gender identity and trans issues.
  • Investigate and sanction all acts of violence against trans people, guaranteeing protection and respect to trans people throughout the process.
  • Implement public education and awareness-raising campaigns to promote respect for LGBTI people and their rights.
  • Create specific public health protocols for attending to trans people and people with diverse gender identities and/or expressions.
  • Collect and publish disaggregated data on violence against LGBTI people, using an intersectional approach.
  • Sign and ratify the Inter-American Convention against All Forms of Discrimination.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

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.

On International Women’s Day, Race and Equality pays tribute to all the women fighting for equality and a better world amid the COVID-19 pandemic

Washington, D.C., March 8, 2021.- On this year’s International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) makes a special recognition to all the women who were firm in their commitment for equality over the past year, particularly in light of the increase in violation of their rights during the COVID-19 pandemic. As such, we align with the United Nations’ theme for commemorating March 8: “Women in Leadership: Achieving an Equal Future in a COVID-19 World.”

Race and Equality held talks with seven women from different parts of Latin America and the Caribbean who participated in advocacy spaces to promote the defense of their rights. We asked them to share their message to the nation’s leaders as well as a message of hope and resistance to all the women in the region.

United and Secure

From Colombia, Alicia Quiñonez of the National Conference of Afro-Colombian Organizations (CNOA, in Spanish) asks the Colombian authorities to place their focus on the ethnic Afro-Colombian, Raizal and Palenquero territories; to protect life and to guarantee women the right to a decent life, free to pursue social, political and entrepreneurial work within their territories.

In her message to women, Alicia states: “I invite you all to imagine and to work towards more social, political and economic spaces that will allow us to remain united, lifting our voices each day for organizational processes that allow ethnic territories to demand their rights and to live in peace – because together, we can achieve much more.”

Rights’ Guarantee

Jessenia Casani, director of DEMUS of Peru, stated that authorities must focus their efforts on promoting and achieving gender equality. “We must confront the pandemic with a gender approach in mind. For example, we need to implement preventative strategies to counter sexist violence and, in this context, be able to guarantee sexual and reproductive rights by providing comprehensive sexual education, including access to emergency contraceptives, access to legal and safe abortion services, maternal health, and other services without discrimination and violence.”

Political Participation

Rosa Castro, from the Women’s Association of the Coast of Oaxaca, Mexico stressed the importance that women continue denouncing all forms of violence they experience, as well as demand for spaces of power. “Let us exercise our political rights and continue to organize, empower ourselves and consolidate our political participation in all decision- making spaces, women must have a place at the governance table and be represented in the discussions.”

Resilience in the Midst of Crisis

Juanita Jiménez, Director of the Autonomous Women’s Movement (MAM) in Nicaragua, explained that in the midst of a socio-political crisis and human rights crisis that the country has endured since April 2018 combined with the pandemic, women face an ever-increasing risk of violence and femicide. She assured that “the fight for equality continues on, for historical and present-day discrimination continue and even modernize.”

She emphasized, “We continue to fight for the return of democracy and for the return of all rights, we want to live in a democracy so that our human condition is recognized, so that our bodies are not punished for daring to decide, to think differently, nor be criticized or inspected by authorities; the fight for equality continues so that girls can grow up safe, be valued from birth, have access to technology, science, education, and integral development, and most importantly, that they can live free from violence.”

Perseverance

Lisandra Orraca, a Cuban citizen and member of the Latin American Federation of Rural Women (FLAMUR), made a special call to the authorities so that in Cuba any crimes of femicide be classified and punished as such. She expressed, “I would like to tell the women of my country to stay united in the fight for equality and for the respect of our rights, this is the only way we can achieve a better future, free from abuse and discrimination, together we can achieve it, we can never give up, together we can accomplish whatever we set our minds to.”

From the organization TRANSSA in the Dominican Republic, Agatha Brooks articulated the importance of authorities responding adequately and efficiently to the violence faced by trans women. In the midst of the pandemic, violence is exacerbated by the lack of gender identity legislation and access to health services, not to mention a drastic decrease in financial stability. Brooks remarks, “To women, both cis and trans, I tell them not to stop fighting, that our fight is constant and that, if women in the past had stopped fighting, we would not be where we are today. Although it is believed that there has not been progress, much progress has been made and we still have a long way to go, so we need courage, strength, we can move forward.”

Women in Pandemic: Resistance and Community

The health emergency generated by Covid-19 not only exceeded the capacities of most health systems around the world, but also exposed pre-existing inequalities, violence, and poverty in our societies. Thus, historically marginalized groups like the Afro-descendant populations, LGBTI peoples, and women suffered from the impacts of this pandemic in an extreme and differentiated way. The lack of access to health services, the exclusion of health measures, the exacerbation of gender violence and the increase in the burden of care assumed by women in the home are some only a few of the many emerged situations.

 

And yet, along with all this suffering, we saw how women who fight for the recognition and guarantee of their rights remained firm, including women in public positions, health personnel, and those who head the household. For these reasons and many more, from Race and Equality we hope that on this International Women’s Day, women can re-double their strength and determination to organize, advocate, and take action for their rights. Women’s contribution is essential to have a more just and equitable society.

Throughout this week, we will be sharing videos with the messages of these women on our social networks, under the slogan “Women in Pandemic: Resistance and Collective Action.” We invite you to join this campaign so that your voice can reach more spaces for reflection and advocacy.

Alongside international experts and Latin American civil society leaders, Race and Equality publishes a new report, “CEDAW and its Impact on Women’s Lives: an intersectional approach”

Washington, D.C., March 5, 2021.- In the lead-up to International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar on Thursday, March 4th to launch the report “CEDAW and its Impact on Women’s Lives: an intersectional approach.” Representatives from organizations that defend the rights of Afro-descendant and LGBT women served as panelists alongside Gladys Acosta, president of the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Marisa Hutchinson, program official at International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific); Janaina Oliveira, national director for LGBT issues of the Workers’ Party (PT) in Brazil; Laritza Diversent, director of the Cuban-American NGO Cubalex; María Vélez, coordinator of the Casa Afirmativa project operated by the Colombian organization Caribe Afirmativo; and Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis[1] and Transsexual People, all spoke on the panel about the impact of CEDAW and the challenges still facing its work. Cecilia Ramírez, an Afro-Peruvian activist with the Peruvian Center for Black Women’s Development, served as the moderator.

Race and Equality’s executive director, Carlos Quesada, gave the opening remarks. Melissa Monroy, the report’s author and an advisor on women’s rights at Race and Equality, presented the report, which analyzes CEDAW’s impact in Brazil, Colombia, Cuba, the Dominican Republic, Mexico, Nicaragua, and Peru.

The report

In her presentation, Monroy explained that the report analyzes the dialogue among state parties, civil society, and the CEDAW committee that results in the committee’s reports and recommendations. The report pays particular attention to the representation and participation of Afro-descendant women, including Afro-descendant LGBT women, in this dialogue.

The analysis drew upon a thorough review of states’ reports to CEDAW and of CEDAW’s recommendations between 2010 and 2020. Monroy also interviewed civil society activists and leaders to understand their place in the CEDAW process and their perspectives on its impact.

“The actions of CEDAW, civil society, and state parties are all interconnected. More participation from diverse Afro-descendant women is needed in all three spheres for their voices to be heard effectively,” she remarked, noting that the report includes recommendations to the Committee, civil society, and states to improve their approach to Afro-descendant women’s rights.

The evolution of CEDAW

 CEDAW president Gladys Acosta acknowledged the lack of representation and participation of Afro-descendant women in the CEDAW process while assuring the audience that since the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979, the Committee has undergone several reforms as society’s understanding of women’s rights has evolved. For example, she explained, the Committee has moved from focusing on “violence against women” to “gender-based violence” as the latter term gains acceptance among experts.

“This is not just a conceptual change, this is a historical evolution brought about by struggle and activism. Struggle comes before advances in laws: first there is a struggle and later on national and international institutions recognize the change. These standards are elastic; they expand as social consciousness expands, so we may have said one thing in 1980, but today things are different. There is a broader understanding of what constitutes a human rights violation,” Acosta explained.

To give another example, Acosta referred to the concept of intersectionality, saying that it has helped to fulfill the Universal Declaration of Human Rights’ affirmation that all people are born free and equal in dignity and rights. “The Declaration establishes all people on equal footing, but for thousands of reasons we have delayed in arriving to this vision,” she stated.

“All this is in motion, it is not static, and the visibility that civil society brings to new issues is noticed – not only by CEDAW, but in all the UN treaty bodies. We are trying to create an understanding of human rights that is comprehensive, more specific, and more suited to protecting vulnerable people,” Acosta added.

An intersectional discussion of discrimination

 The panel’s civil society representatives drew on their experience working to defend and promote women’s rights to discuss how discrimination and violence are manifested in the lives of Afro-descendant and LGBT women.

“When I think about intersectionality, I first think about what it means to be a Black woman. We experience discrimination because of race or sexual orientation, because for a lesbian or trans Black woman, all your life experiences come to one point, which is your racial difference. This has a major impact on our experience with discrimination,” said Marisa Hutchinson, program official at IWRAW Asia Pacific.

Janaina Oliveira, national director for LGBTI issues of the Brazilian Workers’ Party, emphasized that not all public policies supposedly aimed at advancing women’s rights will improve the situation of Afro-descendant or LGBT women, especially in a country like Brazil, where the government of President Jair Bolsonaro denies the extent and impact of racism: “You can see this when we launch campaigns to fight violence against women, and there is a reduction in rates of violence only against non-Black women. State policies in favor of women don’t mean that the policies will reach the most vulnerable groups.”

Laritza Diversent, director of Cubalex, explained that in Cuba, Afro-descendant women suffer constant discrimination and violence at the hands of the authorities, including racial profiling by police who assume that Black women are involved in illegal sex work. “They assume Black women are more sexual and think that we try to go after tourists, so we are constantly being watched by police. During the pandemic, state violence against Black women has worsened,” she said, mentioning that the concept of intersectionality has not been mainstreamed in Cuba’s independent civil society, making it difficult to use an intersectional lens to gather and report data.

María Vélez of Caribe Afirmativo pointed out, “Lesbian, bisexual, and trans Black women experience life in racialized bodies, so we experience discrimination for our sexual orientation or gender identity differently than white LGBT women do. We experience it in an environment where racism against us is ingrained socially, economically, even religiously. Intersectionality requires us to think about racial, gender, and class oppression and how they are interrelated. This is how we can understand the inequality that we experience.”

The panel closed with remarks from Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis and Transsexual People, who warned of serious discrimination facing LGBTI people in Brazil. “We are the population that suffers the most hate crimes. This brutality must stop, it must be combatted – the situation must change,” she insisted.

At Race and Equality, we are committed to practicing intersectionality across our programs defending and promoting human rights, including the rights of Afro-descendant and LGBTI people. We hope that this new report will contribute to civil society’s understanding of intersectionality, its role in the fight against discrimination, and how to incorporate it into national, regional, and international policies for human rights.

The Spanish version of the report can be found here. English and Portuguese translations will be available soon.

The recording of the webinar can be found here.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

Human Rights Day: Continuing on the path towards human rights for all

Washington, D.C.; December 10, 2020.- 72 years after the United Nations General Assembly adopted the Universal Declaration of Human Rights, the world has not yet achieved the full guarantee and enjoyment of each person’s inherent rights. In Latin America and the Caribbean, structures that contribute to human rights violations, particularly violations against historically marginalized populations, remain persistent and in some cases are worsening.

This December 10th, the International Institute on Race, Equality and Human Rights (Race and Equality) joins the international celebration of Human Rights Day by reviewing the human rights situation across the region, particularly the countries where we partner with civil society: Brazil, Colombia, Cuba, the Dominican Republic, Nicaragua, Mexico, Panama, and Peru.

The killing of George Floyd

Race and Equality added our voice to the global outrage sparked by the killing of George Floyd, a Black U.S. citizen, at the hands four white police officers in Minneapolis, Minnesota on May 25th. Video of the tragedy on social media sparked indignation and a re-examination of the realities of racism and police brutality in the U.S.

We were heartened by the rapid and forceful response of the international human rights protection system to this travesty, including the June 17th Urgent Debate of the United Nations Human Rights Council on “the current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest” and the adoption of Human Rights Council Resolution 43/1. We are concerned, however, at the lack of follow-up effort to strengthen the various international human rights mechanisms’ ability to monitor States’ compliance with their obligations in this regard.

COVID-19: a multiplier of inequality

The COVID-19 pandemic has made it clearer than ever that economic inequality and inequality in access to health and education have deadly consequences across the region. It has also made clear that when States fail to design public policies with an intersectional approach, indigenous, Afro-descendant, and LGBTI populations who have suffered historical marginalization and discrimination are the hardest-hit.

In Brazil, for example, the Afro-Brazilian population has seen its most fundamental right to life threatened by the denialism of President Jair Bolsonaro’s administration. Afro-Brazilians have been the population most negatively impacted by the current government’s refusal to implement proper public health measures. During the most critical months of the pandemic, Brazilian women were murdered at a rate of one every nine hours. Of these victims, 73% were Afro-descendant women.

Discrimination for reasons of sexual orientation and gender identity has also manifested itself in the context of COVID-19. In Colombia, a trans woman and sex worker named Alejandra Monocuco died in late May after medical personnel refused to give her emergency care. The personnel, who had been called by Alejandra’s companions when she suddenly became unable to breathe, refused to approach her when they learned that she was HIV-positive and told her companions that she must have been suffering an “overdose.”

The COVID-19 pandemic has coincided with the 2020 Census in Mexico, a situation that Afro-Mexican activists fear has affected census-takers’ ability to collect trustworthy data on the Afro-descendant population. Particularly in parts of Mexico not normally thought of as Afro-Mexican population centers, low rates of self-identification among Afro-descendants can lead to undercounting.

Anti-LGBTI violence and hatred

Latin America continues to be the region with the most murders of trans people. In Brazil, where the current government continues to tolerate and encourage LGBTI-phobia, 151 trans people have been murdered this year. In Colombia, Race and Equality has worked with our grassroots partners to record 65 incidents of discrimination, harassment, assault, and murder against people with diverse sexual orientations and/or gender identities.

The refusal to recognize LGBTI people’s rights and respond to their demands for justice is concerning across the region. In Peru, for example, the Constitutional Court rejected Óscar Ugarteche’s effort to have his marriage to his husband Fidel Aroche, celebrated in Mexico in 2010, inscribed in the National Civil Registry. Peru also failed to account for the rights of trans and non-binary people when it implemented its quarantine policy known as pico y género,[1] leading to acts of discrimination against this population.

In Panama, civil society continues to demand that the government introduce a law legalizing marriage equality for legislative debate, while LGBTI organizations in the Dominican Republic are leading a campaign for a Law on Equality and Non-Discrimination to protect the rights of Afro-descendant and LGBTI people.

Human rights defenders continue to be murdered

Four years after the historic Final Peace Accords ended more than 50 years of armed conflict between the Colombian government and the FARC rebels, the country is suffering one of the worst periods of violence in recent memory. The rise in violence is attributable to attacks against social leaders, human rights defenders, and ex-combatants participating in the peace program and to violent murders of civilians, such as the August 11th murder of five Young Afro-Colombian men in the Llano Verde neighborhood of Cali.

According to the Ideas for Peace Foundation (Indepaz), 287 murders of rights defenders have taken place this year as of December 7th. Indepaz reports that 688 such murders have taken place during the current administration of President Ivan Duque and a total of 1,086 have occurred since the signing of the Peace Accords. Colombian civil society continues to call for an urgent response on the part of the State, but President Duque’s government persists in prioritizing its own policy of “Peace with Legality” above the implementation of the Accords. This policy neglects vital elements of building sustainable peace, particularly women’s rights and the rights of ethnic minorities, which had been enshrined in the Accords’ groundbreaking “Ethnic Chapter.”

Repression of civil society

In Cuba, repression of activists, journalists, artists, and human rights defenders has increased as the government uses the COVID-19 pandemic as a pretext for restricting the activities of independent civil society. Short-term detentions, raids and searches, confiscations of property, summary trials, and arbitrary criminal charges such as “contempt” or “public disorder” are all wielded against civil society leaders.

In Nicaragua, where the human rights crisis of April 2018 has not yet abated, authorities continue to persecute those who dissent from the current government. In the context of a public health and economic crisis sparked by COVID-19, this repression severely harms Nicaraguans’ fundamental rights. Currently, 109 people remain behind bars as political prisoners stemming from protests. Two recent laws (the Law on Foreign Agents and the Special La won Cybercrime) and the recent effort to punish “hate crimes” with life imprisonment pose acute threats to the freedoms of association, assembly, and expression.

Nicaraguan authorities continue to wield repression against those who demand accountability and respect for human rights. Along with their families, these rights defenders are threatened, monitored, and at times prevented from moving freely by the police. Meanwhile, an average of 40 violations of freedom of the press, including both physical attacks and persecution in the courts, are recorded each month.

On International Human Rights Day, Race and Equality reaffirms our commitment to building the capacities of in-country organizations to document human rights violations, defend their rights before the Inter-American and United Nations human rights systems, and advocate for reforms that will lead to the full enjoyment of human rights for all, without discrimination. We call upon all States to comply with their obligations to protect and promote human rights, obligations that are more pressing during the COVID-19 pandemic than ever.

We commit to continue our work advancing human rights for all people in the countries where we work, regardless of their race, sex, gender, sexual orientation, gender identity, or political beliefs. We salute the efforts of the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights, the United Nations Human Rights Council, the UN treaty bodies, and the special procedures of the UN human rights system, and express our hope that they will remain steadfast in their work.

 

[1] Pico y género, which was also implemented in other parts of the region, called for women and men to leave the house on alternating days

International Trans Day of Remembrance: Remembering and reaffirming the struggle for equality and justice

Washington, D.C., November 20th, 2020.- On November 20th, International Day of Trans Remembrance, the International Institute on Race, Equality and Human Rights (Race and Equality) remembers the trans people who have been killed around the world, especially in Latin America and the Caribbean, where the majority of such killings take place according to civil society reports. Race and Equality spoke with six trans activists from across the region who keep the memory of those killed alive and carry on the struggle for equality and justice.

An unimaginable reality

Brandy Carolina was 32 years old when she was stabbed to death by a man in the La Chinita neighborhood of Barranquilla, Colombia. Brandy was known as an extrovert who dreamed of earning enough money to buy a house for her mother, but she was killed for being a trans woman before she could make her dream a reality. Her death and the hateful motives behind it were reported by organizations that defend the rights of Colombians with diverse sexualities and gender identities.

“She never expressed fear beforehand, she was confident in herself, and really, nobody expects to die, it comes suddenly and where you don’t expect it,” said Andra Hernández, a representative of the Boyacá LGBTI Network and a member of Femidiversas. However, Andra pointed out that La Chinita was also the site of two murders in the months before Brandy’s death: the killing of a trans woman on April 16th, and the murder of a lesbian woman on March 26th. “We didn’t expect that someone so close to us would meet the same fate, at the hands of a society that doesn’t respect diversity and difference. You can never be prepared for a death, much less being murdered for being trans,” she said.

Every year, in the lead-up to Trans Day of Remembrance, the international organization TransRespect Against Transphobia publishes a detailed report on the killing of trans and gender-diverse people around the world. This year’s report reveals that between October 1st, 2019 and September 30, 2020, there were 350 such murders. 82% occurred in Latin America, with Brazil (152 murders),[1] Mexico (45), and Colombia (16)[2] atop the list of countries with the most killings.

Dying two times

Santiago Balvin, a non-binary trans-masculine activist from Peru, affirmed the importance of commemorating trans people who have been killed. According to Santiago, these victims continue to suffer discrimination and erasure after their deaths: “There is a feeling of frustration because you can’t do anything – their families don’t recognize their names, the media does not report about their identity correctly, it’s very painful when your sister’s death is treated this way and it keeps happening with impunity.”

Santiago also emphasized the importance to Peru’s LGBTI community of marking the Tarapoto Massacre, also known as the Night of the Gardenias, a targeted killing of transgender people on May 31st, 1989 that is recognized as the worst hate crime against transgender people in Peru’s history. According to Santiago, Peruvian civil society organizations have recorded five murders of transgender people in 2020.

Victoria Obando, a Nicaraguan human rights activist and former political prisoner, told Race and Equality that for her, Trans Day of Remembrance is a day to honor the struggle for trans rights, a struggle in which most of those killed had participated during their lives. “We live in a society that does not recognize us as part of society. It’s a tragedy what the trans population has to go through, especially trans women. They don’t recognize that we are also human beings,” she said.

Nicaragua does not have reliable data about violence against trans people, a failure which Victoria links to the broader socio-political crisis affecting the country. She also denounced the tendency to sideline trans activists in discussions about how to return democracy to the country. “Some people think in terms of categories like ‘special topics’ and see trans rights as something secondary to be kept in a box. As an activist, I have had to fight for acceptance; some people underestimate my abilities because of my identity,” she said.

Exclusion and impunity

Athiany Larios Fonseca, a Nicaraguan trans woman living in exile in Costa Rica, recalls one of the first times she encountered anti-trans discrimination. “My friend and her partner were attacked with stones outside her house; she later asked me why people treat us so badly, and I started to cry. People attack us and even kill us because of this hate, because we are not a woman or a man according to their biological rules,” she told Race and Equality.

Christian King, an activist with TRANSSA in the Dominican Republic, explained that Trans Day of Remembrance “is about recognition and reaffirming our trans companions who have lost their lives to discrimination, transphobia, and prejudices that come from a lack of political will or public policies that protect trans rights and penalize discrimination.”

In the Dominican Republic, the Observatory on the Human Rights of Trans People has registered 49 hate crimes against trans women, of which only 5 have been tried and led to sentences against the perpetrators. Along with TRANSSA, the Observatory advocates for a national Law on Equality and Non-Discrimination, a Law on Gender Identity, and the full implementation of the National Human Rights Plan.

The state’s responsibility

Bruna Benevides, a leader of the National Association of Travestis and Transsexual People (ANTRA)[3] in Brazil, stated that violence against trans people stems from a long historical process by which trans people are rendered invisible, denying them their most basic rights. Bruna placed the blame squarely at the foot of the state, which has failed to respond to trans people’s needs. “We see a growing neoliberal trend around the world, leading to fascism. The specter of “gender ideology” and the belief that trans people, women, and Black people must continue to be subordinated are central to this trend,” she added.

Bruna also emphasized the ways in which COVID-19 has exacerbated violence against trans people, with inequality, unemployment, hunger, and social exclusion all worsening during the pandemic. As TransRespect’s report makes clear, the pandemic has had a disproportionate effect on trans people, particularly trans people who are also excluded from society because they are women, Black or another racial minority, sex workers, migrants, young people, or poor.

Bruna went on: “Sadly, the lack of action and the lack of attention to trans people, the way that we are treated as invisible, leaves us without any state assistance. As a result, we are more vulnerable to violence. This is part of a broader logic that decides who can be killed, who can be discarded, who is not part of the hegemonic structure and can be exterminated easily. We are the country with the most killings of trans people in the world, and this year we are at the top of the ranking once again.”

On International Trans Day of Remembrance, Race and Equality calls on all states to remember their obligation to protect and promote the rights of all people without discrimination. Faced with a worldwide crisis of violence and murders against trans people, we offer the following recommendations:

  • States should adopt the necessary laws and policies to guarantee recognition, respect, and inclusion for people with diverse sexualities and gender identities
  • States should establish special mechanisms to respond to acts of violence against LGBT people, leading to full investigations, sanctions for those responsible, and guarantees of non-repetition
  • States should utilize official channels and resources to educate the population about sexual diversity and gender identity in order to promote societal recognition and respect for LGBTI people and their rights

[1] Data recorded by ANTRA, a Brazilian LGBTI advocacy organization

[2] Civil society organizations based in Colombia reported an additional 14 cases, for a total of 30

[3] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

No more silence: Reclaiming our voice on the International Day against Homophobia, Transphobia and Biphobia

Washington D.C., May 17. This May 17 marks 30 years since the World Health Organization (WHO) declassified homosexuality as a mental disorder, a global milestone that accelerated progress in the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI). On this date, we commemorate the International Day Against Homophobia, Transphobia and Biphobia, a day to draw attention to the violence and discrimination that LGBTI people still suffer in our societies.

This year the promoted theme is “breaking the silence,” inviting people from the LGBTI community to no longer be afraid to express their sexual orientation or gender identity to their family or to others in their social circles. The commemoration this year is also framed within a global health crisis generated by COVID-19, which has intensified structural discrimination and evidenced the prejudices that persist in our society.

Historically, the LGBTI population has been stigmatized by a heteronormative society that has not allowed their participation in public spaces. The commemoration of this day is vital to bring to light all the acts of discrimination that endure in our societies and to denounce violence against people with diverse sexual orientations and gender identities.

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“To break the silence is to give a voice to those who have had theirs silenced by stigma, discrimination, social exclusion, and the constant violations of rights that remain in impunity because of States’ lack of political will. To break the silence is to shout with evidence a truth that our States, in most cases, do not want to show or do not take into account. Breaking the silence is saying we are, we exist, and we have rights.”

The fight for equality and justice is a daily job for many people.  It is not just about commemorating this day, but rather it is a fight that persists throughout every day of the year.

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Santiago Balvín Gutiérrez, explains to us the importance of being able to raise his voice as a trans person: “Breaking the silence has enabled my body to speak, my insides to speak, and my experiences speak. They do not remain silent because my life, and the lives of my trans sisters and brothers, do not deserve to be silence because they are different. Breaking the silence means to me that every feeling of oppression is also broken and seeks freedom for everyone, the same freedom that I began to feel when I chose to be myself.”

In recent weeks, we have witnessed latent and structural discrimination in the implementation of public policies by States and their institutions in response to COVID-19 that have exacerbated inequalities. The absence of public policies with a gender focus and the lack of training and awareness of public authorities has reproduced patterns of violence and acts of discrimination against LGBTI people. In many cases, the social distancing policies adopted by States did not consider the poverty, marginalization, and violence that people with diverse sexual orientations and gender identity face on a daily basis. By failing to do so, they exposed this group to harm.

The enactment of “pico y género” in different countries caused serious human rights violations, especially for the trans population. Their vulnerability is on the rise, as they face not only abuse of power by law enforcement, but also unemployment and domestic violence. Many have had to post pone name change trials, postponing a necessary step to protecting their gender identity, and others lack access to medical centers to receive hormone treatment or other medical necessities due to the pandemic.

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Today more than ever, it is necessary to take differentiated and specific actions for the LGBTI population, with forceful strategies to stop cases of abuse and systematic human rights violations of all diverse people. Franklin Quiñones, from the Fundación Arcoíris de Tumaco, believes that breaking the silence implies “making visible and / or denouncing any act of discrimination and / or violence against people with diverse sexual orientations such as the LGBTI population,” which can be achieved “by supporting us in the use of all existing legal human rights protection and communication tools.”

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Likewise, Sandra Arizabaleta, from the organization Somos Identidad in Cali in Colombia, explains that: “it is urgent to break the silence so that we use all community and legal mechanisms in order to enable the free development of the lives of LGBTI people. You can (and should) love beyond a role assignment and genitality.”

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

LGBTI people who are also members of other marginalized populations experience a different form of discrimination and rights violations. Examples of this are people of African descent with diverse gender identities and expressions who live with extreme violence, without support from the State, in poverty, and without access to basic health services, education, and employment. “Regions such as the Colombian Pacific, where a greater number of Afro-descendants live, are far from being protected with measures that use an intersectional approach,” adds Sandra of Somos Identidad.

The health crisis caused by COVID-19 has shown that despite advances in human rights for the LGBTI population, there are still great gaps and challenges that can only be overcome with the political action of States to guarantee human rights with a differential focus. “In times of crisis, it becomes clear who are leaders and who are not, and bad leadership will tend to exacerbate difficulties for the most vulnerable populations,” says Carlos Quesada, Executive Director of Race and Equality.

“For thousands of people around the world, breaking the silence often means remaining silent. Shouts occur when small gestures can go unnoticed, simple looks demand light or even a weak voice hesitates to echo in certain spaces. To be heard, sometimes we need to be vigilant because there is no point in breaking the silence if there is no one to listen to us, if there are no spaces with sharp ears to capture sounds, but rather gestures, looks. The power to break the silence is only effective when there is the power to listen. Otherwise, we will spend a lifetime wanting to have ‘meaning’,” explains Mariah Rafaela, Research Coordinator at the Conexão G Group of LGBT Citizenship in Favelas in Brazil.

Race and Equality, along with the LGBTI civil society organizations with which we work, urges Latin American States to:

– Take measures to prevent violence, with a differentiated perspective that considers the historical discrimination suffered by Afro-LGBI and trans people.

– Open a dialogue for monitoring the context of violence based on sexual orientation and gender identity together with civil society.

– Provide trainings to State officials on these issues.

– Include LGBTI people in emergency health planning. LGBTI representatives and voices need to be included, as well as sex workers, in all social protection plans, especially in access to emergency income.

Finally, it is an obligation of States to join us in breaking the silence against discrimination, violence, and indifference through affirmative actions that guarantee the recognition of the rights of LGBTI people.

International and National Civil Society Organizations call on the Inter-American Commission on Human Rights (IACHR) to rule on serious violations of the rights of trans women in Peru

Washington, D.C. and Peru. April 1, 2020. The undersigned organizations and individuals turn to the Honorable Inter-American Commission on Human Rights (IACHR) because we are deeply concerned that the National Police and Peruvian Armed forces are violating the rights to integrity, gender identity, and dignity of trans people. This is occurring in the context of the pandemic caused by the coronavirus. 

Recently, we have seen with deep concern that, within the context of this emergency and the pandemic caused by the coronavirus, the National Police and the Peruvian Armed Forces are violating human rights such as the right to integrity, gender identity, and dignity of trans people. We emphasize that according to Article 27 of the American Convention on Human Rights, State parties can restrict certain rights in emergency situations; however, the right to life, personal integrity, or name (identity) cannot be suspended.

Videos[1] of trans women[2] have been circulated through social networks showing them being discriminated against because of their gender identity, being detained along with men, harassed, and forced to shout “I want to be a man,” among other mistreatment and humiliation.

We are deeply concerned that the Public Force in Peru is not complying with the recommendations of the World Health Organization, and thus putting all detainees at risk of contracting the coronavirus. Furthermore, they are violating Inter-American standards on the human rights of LGTBI people.

On February 24, 2018, in the merits report on the Case of Azul Rojas Marín and other, the IACHR recommended that the Peruvian State adopt non-repetition measures and train the Public Force in the prohibition against acts of torture, sexual and other violence adverse to the LGBT population. The IACHR also recommended that the Peruvian State issue a clear message of rejection against these types of actions. Furthermore, Advisory Opinion OC-24/17[3] from the Inter-American Court of Human Rights indicated that State parties, the Peruvian State among them, must refrain from carrying out and promoting discriminatory acts against LGBTI persons.

We urgently call on the IACHR to ask the Peruvian State to uphold its obligation to respect human rights and we stress that in emergency situations in which certain rights are constitutionally restricted, the obligation of States to guarantee the right to life, integrity, and identity of people in the highest state of vulnerability intensifies.

The undersigned organizations and individuals request that the Inter-American Commission on Human Rights publicly denouce these human rights violations.

International Institute on Race, Equality and Human Right (Race and Equality)

Féminas Perú

Lesbianas Independientes Feministas Socialistas (LIFS)

Más Igualdad Perú

Bloque Universitario Feminista

Movimiento de Lesbianas y Bisexuales de Arequipa- LESBIA

En Movimiento

Kachkaniraqmi Colectiva Lesbotransfeminista del Cusco

OutFestPerú

Estudio para la Defensa de los Derechos de la Mujer (DEMUS)

Sociedad Trans FTM Perú

Proyecto Somos Menstruantes

Reforma Trans PUCP

Se Acabo el Silencio- Facultad de Arte y Diseño (SAES PUCP)

Ser Transparentes

Visibilidad Transmasculina

Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP)

Ashanti Perú

Casa Trans Zuleymi

María Ysabel Cedano García, activista lesbiana feminista socialista

Jaqueline Barrios, activista independiente LGBTI

Santiago Balvín, activista independiente por los derechos trans

Marie Payano Ramos, activista independiente LGBTI

Gahela Cari Contreras, mujer trans, activista por los derechos LGBT

Ana María Vidal, abogada litigante defensora de derechos humanos de personas trans

Mariel Távara Arizmendi, activista feminista

Micaela Távara, Artivista y docente feminista, Trenzar

Denisse Chavez, activista feminista

[1] https://twitter.com/CariGahela/status/1242542293933940736

[2] https://twitter.com/CariGahela/status/1244395266070855680

[3]  https://www.corteidh.or.cr/docs/opiniones/seriea_24_esp.pdf

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