11 Latin American leaders strengthen their capacities in Ecuador

11 Latin American leaders strengthen their capacities in Ecuador

Images from a conference held at the end of October in Quito, Ecuador, which brought together 11 leaders from Costa Rica, Panama, Peru and Uruguay, who shared their experiences and strengthened their capacities during a series of training sessions facilitated by FLACSO Ecuador, which addressed topics such as human rights in the region and the main challenges facing Latin America. 

This meeting, which took place within the framework of the project ‘Empowerment of emerging leaders’ carried out by Race and Equality, brought together a total of 10 independent civil society organizations, such as the Asociación Panameña de Debate (ASPADE), the Fundación Arias para la Paz y el Progreso Humano, the Fundación Mujer, the Fundación Convive Panamá, the Organización Social Salvador, the Unión Trans, the Centro de Promoción Social (CERPROS), the Centro de Desarrollo de la Mujer Negra Peruana, Mujeres Rímenses, and the Fraternidad Trans Masculina Perú. 

Human Rights and Strategic Litigation: Towards a Transformation of International Standards

  • In commemoration of International Human Rights Day, Race and Equality offers a comprehensive look at four cases that are being litigated before the Inter-American Human Rights System.

Washington, DC; December 10, 2024.– In the process of promoting and defending human rights, strategic litigation represents a key front of the struggle. For this reason, it is one of the four pillars of work for the Institute on Race, Equality and Human Rights (Race and Equality).

With the idea that access to justice is fundamental to guarantee and protect human rights, Race and Equality litigates alongside victims and allied organizations, before human rights mechanisms at the Inter-American and universal levels, carrying out this work in two ways.

There is the emergency legal response, which is activated when counterparts face risks of violation of their human rights, and the Race and Equality Legal Team supports them in the documentation and timely submission of requests for protection and intervention before the Inter-American System and/or the Universal System.

Litigating before the IAHRS

To achieve comprehensive justice for victims and promote long-term, sustainable, and structural changes for greater protection of human rights, Race and Equality also conducts strategic litigation through constant coordination with civil society counterparts.

In commemoration of the International Day of Human Rights, Race and Equality presents four cases that are currently being litigating before the Inter-American Human Rights System (IAHRS), offering a comprehensive look at the facts of each case, their procedural status and, in collaboration with victims, relatives, and allied organizations, what we seek in terms of jurisprudence and transformation of international standards.

Race and Equality is currently litigating before the IAHRS 10 cases (3 vs. Nicaragua, 2 vs. Colombia, 3 vs. Cuba, 1 vs. Peru, and 1 vs. Mexico), for violation of human rights of 157 individual victims and three collective victims); each case is in a different procedural status. In 31 cases we seek protection before the Universal System and the IAHRS (13 from Nicaragua,  3 from Colombia, 14 from Cuba, and 1 from Brazil), in favor of 401 individual beneficiaries and two collective beneficiaries. The people and groups represented belong to the populations with whom the organization has worked since its inception: Afro-descendants, Indigenous people, LGBTI+ people, women community leaders, human rights defenders, and victims of political repression.

In addition, in compliance with the institutional vision of Race and Equality, the cases are approached from an intersectional perspective.

It is important to mention that the work of strategic litigation is intertwined and reinforced by the other pillars of the work of Race and Equality, which are advocacy, documentation, and strengthening the capacities of counterparts. Learn more here.

  • Petition of the Ladies in White (Cuba): Comprehensive Protection of the Right to Defend Human Rights

For their work in defense and promotion of human rights in Cuba, the Ladies in White are continuously threatened, harassed, persecuted, and repressed by state agents and are detained every week for hours or days, some of them being in arbitrary detention for political reasons. During the last few weeks, its President, Ms. Berta Soler, has been detained and forcibly disappeared on three occasions for almost 3 days.  In 2013, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures in favor of all the members of the organization, which are still in force; and in 2022 Race and Equality filed a petition for the human rights violations caused to the women who make up the Ladies in White and to the organization itself.

Currently, the deadline for the State to submit its observations on admissibility and merits is running, and the IACHR will subsequently be able to rule on the State’s international responsibility in this case.

Through the precautionary measures, a letter of allegation before the Special Procedures of the Human Rights Council, and actions before other United Nations bodies, Race and Equality seeks to guarantee the protection of the rights to life, personal integrity, personal liberty, freedom of thought and expression, to association, and to exercise the right to defend human rights and freedom of expression.

The petition alleges that the State of Cuba is internationally responsible for the violation of the rights to life, liberty, security, and integrity of the person, equality before the law, protection of honor, the constitution and protection of the family, the preservation of health and well-being, and protection against arbitrary detention for political reasons to the detriment of victims.

  • Petition of Kevin Solís (Nicaragua): Protection of Human Rights Defenders as Key Actors for the Strengthening of Democracy

The case of Kevin Solís is an example of the pattern of repression suffered by students who denounced human rights violations during the 2018 social unrest in Nicaragua. Between 2018 and 2020 he was deprived of his liberty on two occasions, being a victim of torture and punishment in prison, in addition to his academic records from the public university being destroyed. On February 9, 2023, Kevin Solís was released from prison, exiled to the United States, and stripped of his nationality.

Given the risk of the situation faced by Solís, the IACHR granted him precautionary measures and he was later the beneficiary of provisional measures ordered by the Inter-American Court of Human Rights (IACtHR). In August 2023, Race and Equality filed a petition with the IACtHR denouncing the human rights violations committed by the State against it. The provisional measures are in force, while the petition is awaiting processing by the IACtHR.

With the strategy used in this case, we seek to protect human rights defenders as key actors in strengthening democracy, as well as to denounce arbitrary detentions through the use of legislation contrary to international standards to criminalize freedom of expression. This case will also contribute to the documentation of the human rights violations that have occurred since the beginning of the crisis for a) pressure from the international community and b) subsequent accountability, reparation, and the establishment of guarantees of non-repetition.

  • Precautionary Measures of Benny Briolly (Brazil): Guarantee for the Political Participation of Black People with Diverse Gender Identities

Benny Briolly Rosa da Silva Santos is a black travesti councilor elected in the City of Niterói, who was reelected in 2024 and who, from 2017 to date, faces a serious situation of attacks aimed at her gender identity and race, also affecting her advisory team. Such attacks, which are manifested through discriminatory content and death threats against them, were frequently used to provoke fear and insecurity in their political actions in defense of human rights. Faced with this situation, the organizations Criola, Terra de Direitos, Justiça Global, Instituto Marielle Franco, Instituto de Defesa da População Negra, and Race and Equality, requested precautionary measures before the IACHR, which were granted on June 11, 2022.

The organizations representing the beneficiary have sought the permanent implementation of precautionary measures and to put an end to the risks faced by Briolly and her team, without fully achieving it so far, since the State has not carried out the appropriate and timely actions to do so.

With the other representative organizations, we seek the effective protection of the Councilor and that the State of Brazil guarantees the political participation of black people with diverse gender identities.

  • La COMADRE (Colombia): Right to Collective Reparation for Women Ethnic Leaders

Community leaders of the Coordination of Displaced Afro-Colombian Women in Resistance (La COMADRE), an autonomous organization of women victims of the armed conflict who have been victims of sexual violence and forced displacement, continue to face multiple forms of violence due to their leadership. These are mainly people who belong to rural ethnic communities, who have been forcibly displaced in urban contexts in the face of the armed conflict and violence that persists in their ancestral territories.

In this context, La COMADRE demanded that the State of Colombia be recognized as an ethnic collective subject with the right to collective reparation through free, prior, and informed consultation. Despite having achieved this recognition, it has not been granted such reparation, so together with the Association of Displaced Afro-Colombians (AFRODES), ILEX Legal Action, Race and Equality presented in 2022 a petition to the IACHR against the violations perpetrated against the organization by the State and the violence and risks that the women leaders who make up the organization continue to face. The petition was opened for processing and is awaiting the IACHR in the admissibility and merits stages.

This case seeks, first, that collective reparation be granted to La COMADRE as an ethnic collective subject, after exercising the right to consultation to determine such reparation; guarantees for the cessation of violence and risks faced by Afro-Colombian women leaders who are victims of the armed conflict, as well as identification and punishment of those responsible and structural changes to ensure that Afro-Colombian women can defend their human rights by exercising their leadership in conditions of safety for themselves, their families, and their organization.

Gender-Based Violence and the Mental Health of Women Human Rights Defenders: Recognizing the Impact and Proposing Prevention, Care, and Reparation Measures

Washington, DC; November 25, 2024.– Berta Soler, leader of the organization Damas de Blanco (Cuba), began her activism when her son was four years old; today, he is 29. During that time, Soler was the target of different forms of repression by the Cuban government, due to her persistent struggle for people deprived of liberty for political reasons on the island.

“Sometimes children are neglected, and other roles are assumed, and that is shocking,” Soler shares, alluding to the double and even triple role assumed by women activists and human rights defenders in societies where sexist violence prevails and, in addition, in societies with authoritarian governments that are opposed to the actions of independent civil society.

In the last three months alone, the Cuban activist has been arbitrarily detained and subjected to forced disappearance on two occasions. The first occurred on September 22, when State Security agents arrested her and took her to a police station, where she remained for 67 hours; and the second time was on November 10, when she was missing for more than 76 hours.

“Here (in Damas de Blanco) we have women who have stood at the door of their homes selling thermoses of coffee, and the only thing they get out of it is a miniscule payment, and the Cuban regime arrives and tells you ‘You can’t sell that, because if you do, I’ll put you in jail’. Because you are a human rights defender, your life is already marked, your life is marked. They exclude you from society,” she explains.

Recognizing a Nuanced Problem

To commemorate the International Day for the Elimination of Violence against Women, the Institute on Race, Equality and Human Rights (Race and Equality) proposes raising the visibility of the testimonies of women activists who, by promoting and defending human rights, are exposed to multiple forms of violence that impact on their mental health, and we are making a series of recommendations to put an end to this scourge.

The United Nations has recognized that women working for women’s rights and gender equality are frequently the targets of gender-based violence, discrimination, and threats because their work challenges traditional gender norms and exposes structural inequalities in society, and because they face the usual risks of defenders – considered to be one of the most dangerous activities in Latin America – they suffer specific attacks due to their identity, membership in feminist movements, or the focus of their work, such as the promotion of the rights of LGBTI+ people.

For Maria Eduarda Aguiar, a trans woman, lawyer, and volunteer, with the Grupo Pela Vidda in Rio de Janeiro, and president of the LGBT State Council for 2022-2024, the violence faced by women in the political sphere in Brazil is marked by the murder of Marielle Franco, a human rights defender, and Rio de Janeiro councilor who was brutally murdered in March 2018.

“In this way, women’s mental health is extremely affected by the countless forms of violence to which we are exposed to for defending an idea, occupying a space, or raising a banner. But we must continue fighting for inclusive, anti-racist, anti-LGBTIphobic, and feminist education,” she says.

The violence faced by women activists is compounded by stigma and a lack of effective protection mechanisms, which impacts their mental health and manifests itself with high levels of stress, anxiety, depression, and in many cases, post-traumatic stress disorder. These consequences are linked not only to the physical and psychological aggressions they face but also to social isolation, emotional exhaustion, and the overload of responsibilities in hostile contexts.

Such is the case of Berta Soler and other members of the organization Damas de Blanco, in Cuba, whose case recently led to a joint communication to the Government of Cuba by eight United Nations Rapporteurs and specialists, including the Office of the Special Rapporteur on the situation of human rights defenders, the Office of the Special Rapporteur on violence against women and girls, its causes and consequences, the Office of the Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, and the Office of the Special Rapporteur on the rights to freedom of peaceful assembly and of association.

In this communique, they express their concern over the situation of arbitrary detentions, criminalization, violence, harassment, surveillance, and threats against Berta Soler and members of the organization Damas de Blanco, and request that the Government respond to the alleged facts within sixty days.

Azahalea Solís, a Nicaraguan human rights defender, highlights the fact that violence against women also affects the people around them and that fear, as one of the consequences, translates into a lack of fullness of life, participation, action, and self-expression. “The civic life of women who suffer violence is also affected and, therefore, their political participation, as well as their economic autonomy, and their social relationships,” she stresses.

From Peru, Jimena Holguín, a member of Lesbianas Independientes Feministas Socialistas (LIFS), delves into the effects that gender-based violence can have on women’s lives.

“We can experience stress; that is, a state of tension, alertness; insecurity, fear to the point of terror or panic. It can cause anxiety, depression, low self-esteem, isolation, sleep and eating disorders […]. Depression can become very severe, losing sense of life and even of being, to such an extreme that, wanting to escape from their reality of abuse, oppression and violence, they may commit suicide,” she highlights.

María Camila Zúñiga Saa, a member of the Movimiento de Mujeres Unidas, Diversas y Empoderadas (MUDE), brings up that women’s lives are marked by the violence they suffer in the private sphere, especially from their partners. In this regard, she points out: “One of the first manifestations of the aggressor is to attack you psychologically, make you feel ugly, weak, incapable, among other things. All with the intention of having control over you and making you dependent so they may abuse you to their liking and need.”

To this, she adds that, in the public sphere, such violence can be aggravated because “society reproduces patterns and stereotypes, and in fact, they come to blame you for many of the situations you experience as a victim. In addition, the negligence of institutions increases mental health crises by feeling alone and unprotected.”

The Inter-American Commission on Human Rights, in the document Practical Guide on Guidelines and Recommendations for the Preparation of Risk Mitigation Plans for Human Rights Defenders, states that the impact of violence is aggravated when women activists belong to vulnerable groups. “For example, Afro-descendant, Indigenous, or LGBTQ+ women face intersectional forms of discrimination that add additional layers of violence and exclusion,” it says.

Recommendations for a Comprehensive Response

Gender-based violence not only seeks to silence women activists but also has a profound and lasting impact on their mental and emotional health. By recognizing the magnitude of this problem, we can move toward a comprehensive support system that not only allows them to heal but also to continue their invaluable work for justice and human rights.

For Nedelka Lacayo, of Enlace de Mujeres Negras de Honduras (ENMUEH), it is essential that States design and implement prevention, care, and reparation programs. Furthermore, she points out that access to justice is a key element in this process, since the high rates of impunity generate mistrust in women who suffer violence and inhibit them from deciding to turn to the authorities.

It is the responsibility of States under international human rights standards, such as the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) and the Convention of Belém do Pará to guarantee the protection of women’s human rights defenders and eradicate all forms of violence that affect them.

Therefore, Race and Equality, makes the following recommendations:

  1. To States:
  • Adoption and implementation of a legal framework against gender-based violence: Adopt and implement laws that address all forms of violence against women, with effective monitoring and enforcement mechanisms. These laws should ensure the comprehensive protection of women, especially women human rights defenders, and address intersectional violence.
  • Strengthening protection systems for women defenders: Create specific mechanisms to protect women defenders, designed in consultation with them, to prevent aggression, criminalization, and stigmatization for their work.
  • Creation of effective response systems: Establish specialized units in the security forces and the justice system to address gender-based violence, guaranteeing exhaustive, impartial investigations and sanctions for those responsible.
  • Eradication of restrictions on fundamental rights: Ensure the full exercise of freedom of expression, assembly, and association, eliminating any measure that limits women or their organizations in their work to defend human rights.
  • Public policies and dialogue with civil society: Allocate sufficient resources to implement programs for the prevention and care of gender-based violence and guarantee the participation of women’s organizations in their design, execution, and evaluation.
  1. To international organizations:
  • Consolidation of monitoring and reporting mechanisms: Establish or strengthen independent monitoring and documentation systems on the situation of women human rights defenders and gender-based violence in countries, ensuring that findings are used to pressure States to comply with their international obligations.
  • Technical assistance and training: Provide technical assistance and training programs for civil society organizations and States on international standards on human rights, gender-based violence, and protection of women human rights defenders, promoting local capacity building.
  • Political and diplomatic advocacy: Use their influence in international forums and diplomatic relations to demand that States implement effective measures to eradicate gender-based violence, protect women human rights defenders, and guarantee respect for fundamental freedoms.
  • Funding and sustained support to women defenders and local organizations: Provide financial resources to women-led organizations in highly vulnerable contexts, ensuring that they can continue their work with independence and resilience in the face of threats.
  1. To civil society:
  • Strengthen internal and external support networks: Organizations should create safe and confidential spaces where activists can share experiences and seek support without fear of reprisals. Promoting collaborative networking between activists and allies can help foster collective resilience and combat isolation.
  • Build capacities in gender-responsive mental health: Train allied mental health professionals to understand the dynamics of gender-based violence and the specific challenges of women human rights defenders. This includes facilitating access to specialized therapies that address both the immediate effects and prolonged impacts of trauma.
  • Influence inclusive and protective public policies: Promote dialogues with government institutions to promote the adoption of specific protection protocols for women activists.
  • Implement community awareness campaigns: Design and execute campaigns that highlight the fundamental role of women human rights defenders and the risks they face.

In view of the different levels of violence that human rights defenders can face in their day-to-day lives, both physically and emotionally, Race and Equality developed the Guide to Self-Care “If I take care of myself, I can take care of others”, whose objective is for people to become aware of the risks to which they are exposed – especially for their mental health – and to take self-care actions.

 

In Cuba, Extreme Poverty Mainly Affects People of African Descent on the Island

Bogota, October 30, 2024 – “Cuba is not as they tell you,” warns Yaxys Cires, Director of Strategy for the Observatorio Cubano de Derechos Humanos (OCDH), the independent Cuban civil society organization, which published in July 2024 the seventh report on social rights in this country, revealing that extreme poverty on the island had climbed to 89%.

The lawyer, a native of the Cuban province of Pinar del Río, explains each of the findings that show how the lack of resources mainly affects people of African descent in Cuba. “Of the total sample (1,148 surveys), 61% said they had problems buying the most essential things to survive, while in the Afro-Cuban population the figure stands at 68%,” he says.

Twelve percent said they were unemployed, a reality that affects 15% of the Afro-Cuban people surveyed. It was also reported that eight out of ten Afro-descendants who took part in this study stated that they had stopped eating breakfast, lunch or dinner, a situation that affected seven out of ten white or mestizo people in this report.

On the other hand, 92% of Afro-Cubans disapproved of the public health service; and 81% said they did not receive remittances, a figure higher than the 71% of white people who indicated that they did not obtain this type of income from relatives living outside the Island either. “Undoubtedly, they have less support to face the harsh reality of life in Cuba,” adds Cires.

The findings evidencing how extreme poverty mainly affects people of African descent in Cuba had already been recorded in 2023, in the sixth OCDH report on social rights in this country. At that time, 21% of Afro-Cubans said they resided in housing in danger of collapse, a figure that contrasts with 15% of the total number of people consulted (1,353), who said they were in the same situation.

This survey also revealed that 23% of Afro-descendants lacked permanent drinking water service, a reality that affected 17% of the total number of those who participated in last year’s study.

The findings of the Observatorio Cubano de Derechos Humanos show that Afro-Cubans in Cuba have greater difficulties in finding a job, feeding themselves, accessing potable water, and owning decent housing, compared to other population groups in the same country. “The situation of Afro-Cubans is very precarious; they live in unhealthy areas, have the lowest salaries, and little schooling,” says Eroises González, an Afro-Cuban woman from Havana who coordinates the organization Plataforma Femenina.

Another Havana woman of African descent in Cuba, Laritza Diversent, who heads the NGO Cubalex, says that these human rights violations are, more often than not, naturalized by civil society itself. “Racial discrimination, for example, is not a priority issue, so we don’t go there to do these studies, to identify these behaviors,” she adds.

Population Census

According to the expert on the rights of Afro-descendants, Afro-Uruguayan Noelia Maciel, the OCDH figures show the systemic racism that exists in Cuba, “and has been present throughout the socialist process.”

“These inequalities are reflected in the lack of access to employment, inequalities in educational levels, the non-receipt of remittances, which is what sustains daily life on the island, and also in the migratory processes. Afro populations are the ones that have more barriers to leave the country,” says Maciel, who also affirms that in the last population census of the Island (in 2012), these inequities were not evident because the existence of differentiated ethnic-racial ascendancies was unknown, “denying how the racial component is a factor of vulnerability and obstacles to the exercise of rights.”

In 2022, the State of Cuba should have conducted a new population and housing census; however, this process was postponed to 2025. According to the National Office of Statistics and Information (ONEI), the delay was caused by the severe economic crisis suffered by this country.

“Cuba by self-definition is in a moment of war economy, and carrying out censuses is very costly, and even more so at this time when there are certain standards that are imposed at the regional level, such as making these processes in more electronic formats. But equally on the part of the Cuban State there is no interest in carrying out a census and beginning to make these inequalities visible, especially incorporating the recommendations made by international organizations, such as the incorporation of the term Afro-descendant (which represents people belonging to various cultures descended from the African population that survived the slave system, according to the United Nations Economic Commission for Latin America and the Caribbean (ECLAC),” says Maciel.

In the last population census of the island it was known that in 2012 this country had 11,167,325 inhabitants, including white, black, and mestizo people. However, in this statistical count no distinction was made between those who were black, mestizo, and mulatto, so it was not possible to establish who the Afro-descendants in Cuba were, nor what their actual housing conditions were.

Racial Profiling

The findings of the last two reports on social rights in Cuba show how extreme poverty affects the majority of the Cuban population, mainly people of African descent in this country, who in addition to lacking the essentials for survival, are also victims of prejudice on the part of Cuban authorities, who persecute, repress, harass and detain them “for the simple fact of being black people,” according to Diversent.

“The repression is also linked to the persecution of people of African descent for what is known as racial profiling,” adds Diversent, who maintains that an analysis by the organization Cubalex revealed that the Afro-Cubans convicted for having participated in the historic and massive protests of July 11, 2021, had received harsher sentences compared to the white people who took to the streets that day to demand their rights.

According to this document, black people “that the State classifies with ‘unfavorable conduct’ receive sanctions with an average duration of 13.02 years, while non-Afro-descendants, under the same classification, have average sanctions of 12.0 years.” This finding adds to the aforementioned figures, evidencing how this population survives on the Island.

“In 2009, I was a victim of racial profiling. On one occasion I was working in a tourism center and some Canadian guests wanted to know where to see and enjoy Cuban jazz, so I indicated ‘La zorra y el cuervo’ (a club located in El Vedado, Havana’s commercial area), but they asked me to accompany them. We went along the Malecon, continued walking and then some policemen arrived to ask me for my identification. They detained me right there, put me in a patrol car, and took me to a station until they felt like it. I could not accompany the tourists,” says Norberto Mesa, an Afro-Cuban activist who in 1998 founded the organization Cofradía de la Negritud (Brotherhood of Blackness), a citizen project that emerged with the purpose of fighting discrimination and structural racism in this country.

The Pinareño (from the province of Pinar del Río) and human rights defender affirms that these types of situations continue to occur in Cuba, and adds that the Afro-Cuban population in penitentiary centers is much larger in comparison with other population groups. He also says that there is racial discrimination in the workplace, and very little representation of black people in micro, small, and medium-sized enterprises (MSMEs).

Unfulfilled Recommendations

In 2018, the United Nations Committee on the Elimination of Racial Discrimination (CERD or the Committee), adopted its concluding observations after examining the national report submitted at that time by the State of Cuba, on Afro-Cubans. The Committee noted, among other things, that the Afro-descendant population continued to be “victims of racism and structural discrimination, as a product of the historical legacy of slavery,” which manifested itself “in the inequality gap” related to the economic, social, and cultural rights of this population, in comparison with the rest.

CERD registered several concerns about the census, the situation of defenders of the rights of the Afro-Cuban population, racial discrimination, access to justice, excessive use of force, racial stereotypes, and the non-recognition of this type of violence by the State. These problems are still latent in Cuba, and are reflected in the findings released by the OCDH, and in the analysis conducted by Cubalex.

The body of independent experts that oversees the implementation of the Convention on the Elimination of All Forms of Racial Discrimination also made a series of recommendations to the State that aim to allow more people to self-recognize themselves as Afro-descendants, to know how black people really live on the island, and to combat inequality, which, after six years of this document, is still prevailing.

According to Maciel, the State of Cuba should present an official report on the implementation of the CERD recommendations in 2025, due to the delay of the review schedule by countries, which resulted fromthe Covid-19 pandemic.

The conclusions found by the Observatorio Cubano de Derechos Humanos and the analysis conducted by Cubalex, also evidence that the authorities of this country have not met the objectives of the International Decade for People of African Descent (2015-2024), which focus on the recognition, justice, and development of this population.

“Cuba, like most Latin American countries, the countries of the diaspora, have done very little during the decade.There have been no plans to create differentiated public policies. In the case of the island, there is a particular problem, and that is that they deny racial discrimination. So the government, by denying racial discrimination, evidently does not raise the need for differentiated public policies,” says Carlos Quesada, director of the Institute on Race, Equality and Human Rights (Race and Equality), who adds that the decade proclaimed by the United Nations General Assembly will end on December 31, 2024.

The figures of the last two OCDH reports also reveal, according to Quesada, how structural racism in this country has prevented the Afro-Cuban population from being able to climb or access a slightly higher social ladder, including, for example, the engine of the national economy, which is tourism. “Cuba, in terms of the fight against racial discrimination is at least seventy years behind all Latin American countries, including the United States,” adds the Costa Rican lawyer and journalist.

As Cires mentioned at the beginning of this article, the reality of people of African descent in Cuba is not as Cuban authorities tell it; in their daily lives they face discrimination and violence in various forms.

The last census does not recognize people of African descent in their totality, and as documented in the recommendations of the CERD, the existence of racial discrimination is denied on the island; even though there are activists and human rights defenders denouncing the precarious conditions in which the Afro-Cuban population lives, and despite the publication of reports, such as those of the OCDH, and analyses, such as the one conducted by Cubalex, which show a reality opposite to that described by the State.

Race and Equality echoes the findings that reveal racism and structural discrimination in Cuba, and we request that the Cuban State recognize these inequalities, promote actions that allow the self-recognition of Afro-Cubans, and create public policies aimed at improving the living conditions of this population, and to combat poverty, social exclusion and marginalization, which disproportionately affect Afro-Cubans.



Race and Equality and #NicasLibresYa celebrate the release of 135 political prisoners and demand that the Ortega-Murillo regime cease all arbitrary detentions and imprisonments for political motives

Washington D.C., September 5, 2024.- Race and Equality and the organizations that make up the campaign #NicasLibreYa, celebrate the recent release of 135 people who were deprived of their liberty for political reasons and held in inhumane conditions in Nicaragua.

This morning, the 5th of September, 135 people were liberated and subsequently exiled to Guatemala following negotiations between the country and the United States. There they were granted humanitarian assistance so they are able to restart their lives.

Among these 135 people, there are 13 detained members of the Mountain Gateway organization, as well as lay Catholics, students, human rights defenders, journalists, and others, “who Daniel Ortega and Rosario Murillo consider a threat to their authoritarian rule,” according to a statement published by the White House.

We are happy to know they will not longer suffer torture, and will be able to receive medical attention and have access to adequate nutrition, conditions that they did not have during their unjust imprisonments. However, we are worried that arbitrary detention and imprisonments for political reasons will continue being part of the repressive patterns that the regime has imposed upon all Nicaraguans since before the political crisis of 2018.

Following Guardabarranco Operation in which 222 political prisoners were liberated in February 2023, arbitrary detentions continued and the regime went from holding just 35 political prisoners in jail to 151, according to a statistic from the Mechanism for the Recognition of Political Prisoners in July 2024.

Race and Equality and the #NicasLibreYa campaign demand that this pattern stop and that thinking differently stops constituting a motive for Nicaraguans to be incarcerated, tortured, isolated, and then exiled to other countries. We urge the regime in the coming months to cease arbitrary detentions for political reasons. 

Although leaving prison and Nicaragua allows these individuals to rebuild their lives in another country, this often entails psychological effects due to exile, health problems as a result of the lack of medical attention during incarceration and, on occasion, forced separation from their families, since the regime does not allow them to leave Nicaragua.

The regime must guarantee that no persecution will follow these people beyond Nicaragua’s borders and the international community must ensure that recent reforms in the Nicaraguan Penal Code do not extend the claws of repression to other countries where they might find exiled persons.  

The confiscation of property, cancellation of non-governmental organizations and chambers’ of commerce legal status, are also systematic human rights violations against the Nicaraguan people that continue and the international community must hold Ortega and Murillo responsible, as functionaries for all the crimes they have committed.

It is time that the Ortega-Murillo regime see that global solidarity with Nicaraguans is greater than its desire for power as demonstrated by the actions of the governments of Guatemala and the United States in the transfer and care of these 135 persons released from prison.

We appreciate that, for the second time, the government of President Joe Biden and Vice President Kamala Harris have used diplomacy to achieve the liberation of people deprived of their liberty for political reasons and that, in Guatemala, President Bernado Arévalo, accepted to receive and provide them with, in conjunction with the USA, humanitarian assistance as necessary.

As indicated by the statement by the White House, these people may opt to relocate to the United States or another country through the Secure Mobility program implemented by the Biden-Harris administration.

We do not forget that jails in Nicaragua still hold twenty people who have been detained for thinking differently and Race and Equality and #NicasLibreYa are resolute that we will continue to fight for their liberty.

All of them are innocent!

Nicaragua deserves to live in democracy!

In Latin America and the Caribbean, Enforced Disappearances Hinder Democracy

Washington D.C., August 30, 2024 – In Venezuela, a month after its disputed presidential elections, more than two thousand people have been victims of forced disappearances and arbitrary detentions, according to the organizations Provea and Foro Penal.  In Mexico, “there are around 110 thousand people who are missing to date,” according to the UN Committee on Enforced Disappearances (CED). Meanwhile, in Cuba, according to the Working Group on Enforced or Involuntary Disappearances, there are cases of activists who are “victims of short term forced disappearances.” 

The situation in these three countries is evidence of serious human rights violations in Latin America and the Caribbean, according to the member of the Committee on Enforced Disappearances, Ecuadorian lawyer Juan Pablo Albán, with whom we spoke on International Day of the Victims of Enforced Disappearances, this Friday, August 30. 

Enforced disappearances occur “whenever persons are arrested, detained or transferred against their will, or otherwise deprived of their liberty by government agents of any sector or level, by organized groups or by private individuals acting on behalf of the Government or with its direct or indirect support, and who then refuse to disclose the fate or whereabouts of such persons, or to acknowledge that they are deprived of their liberty,” according to the United Nations

This is precisely what is constantly occurring in Latin America and the Caribbean, where, according to Albán, the highest number of forced disappearances in the world is registered, with Mexico being the country where this type of human rights violation has been documented the most. 

“The most notable trends in the region and in the world have to do with disappearances committed by non-state actors, disappearances in the migratory situations, disappearances in the context of protest suppression, or under the argument of the fight against terrorism or organized crime, and disappearances of people who are labeled as potential members of gangs, organized crime gangs or terrorist groups,” says the member of the Committee on Enforced Disappearances of the United Nations. 

Albán assures that when cases of forced disappearance are registered in a country, the quality of democracy is lessened because there is no social debate. “States lose a lot when they do not respond, do not confront this phenomenon, and worse still, when they practice forced disappearance as a state policy,” he adds.

Colombia

The phenomenon of forced disappearances in Colombia has been a persistent problem for more than six decades, and is closely linked to the armed conflict that ravaged the country. According to the Truth Commission, between 1985 and 2016, approximately 121,768 cases of forced disappearances were reported, although it is estimated that the figure could be as high 210,000 victims. This problem has also affected the migrant population, especially Venezuelans. According to the Andrés Bello Catholic University, from 2015 to 2020, 836 Venezuelan people were reported missing in Colombia. However, an absence of accurate data has hindered a complete assessment of the magnitude of these human rights violations.

In the framework of the 2021 National Strike, 4,846 transfers for temporary protection were documented, a legal figure that has been questioned for its arbitrary use and its impact on the rights of protesters. Despite the Constitutional Court’s resolution that requires detailed reports and the right to request the cessation of the transfer, these practices continue today and remain problematic, with numerous cases of abuse reported, including torture and sexual violence.

The handling of enforced disappearances in Colombia faces several critical challenges, such as the failure of the Attorney General’s Office to activate the Urgent Search Mechanism (MBU); the lack of compliance with international recommendations; and the use of euphemisms by the Government to minimize the seriousness of the problem. In addition, the underreporting of cases and the discrepancy between official figures and those reported by civil society organizations complicate the accurate assessment of the phenomenon. These issues underscore the need for comprehensive reform in police practices, and improved transparency and effectiveness in the state’s response to enforced disappearances.

Cuba

In Cuba, between January 2022 and July 2024, “93 incidents of human rights violations were recorded, which included conditions of forced disappearance for several hours, days, and even more than a week”, according to the organization Cubalex. The Ladies in White movement has reported that between 2013 and June 2024, 3,904 arbitrary detentions and forced disappearances have been documented against members of this women’s collective. Most have been victims on repeated occasions, and for periods ranging from 24 to 72 hours.  

These types of forced disappearances, which are not prolonged as in Colombia, mainly affect activists, independent journalists, artists and, in general, anyone who disagrees with the official discourse.

A report of the Working Group on Enforced or Involuntary Disappearances of July 2024, also expressed concern about the arrests and excessive use of force exercised by the Police during the historic demonstrations of July 11, 2021, known as 11J. According to this UN Special Procedure, most of the persons detained in that context did not appear before a judicial authority until many days, weeks or months later, and before that the fate and whereabouts of the detainees were unknown, which constituted an act of enforced disappearance.

Nicaragua 

In Nicaragua nine persons are in a situation of forced disappearance, according to the Registration Unit (UDR).  Among these persons are indigenous leader Brooklyn Rivera, and journalist and cultural affairs director Fabiola Tercero. 

Brooklyn Rivera, 72 years old, is an indigenous Miskitu, regional deputy (2022-2026) and a leader of the Miskitu people (Ta Upla) and of the indigenous party YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth united”). His family has had no knowledge of his whereabouts since September 29, 2023. In January of this year, the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated that Rivera is in “enforced disappearance” and advocated for his release.

Fabiola Tercero is a journalist, activist and founder of “El rincón de Fabi”, a project that aims to promote reading among young Nicaraguans. Her home was raided on July 12 and since then her whereabouts are unknown, as are those of her mother and sister.

In an interview with the Spanish newspaper El País, the director of the Legal Defense Unit (UDJ), Alexandra Salazar, affirmed that the authorities refuse to provide information on the whereabouts of these people. “In such a way that there is no certainty of their conditions of detention, nor verification of their state of health and life,” she added. In addition, the UDJ identified cases in which prison authorities recommended that family members look for political detainees “in the morgues,” which increases anguish and constitutes an additional form of torture.

For its part, the Working Group on Enforced or Involuntary Disappearances, in its July 2024 report, stated that “short-term” enforced disappearances have been used as a “tool to repress opponents and critics of the Government” since 2018. The Group also emphasized that the State must promptly provide accurate information about the detention of persons deprived of their liberty and the place(s) they are held to their family members and any other person with a legitimate interest (art. 10, para. 2, of the Declaration), and that failure to do so constitutes an enforced disappearance. 

Peru 

In the case of Peru, according to the National Registry of Missing Persons and Burial Sites (Renade) of the Ministry of Justice and Human Rights, between 1980 and 2000, during the internal armed conflict, there were 21,918 missing persons, of which the whereabouts of 19,200 cases have yet to be determined. To date, the search for 2,718 missing persons has been completed, of which 39 were found alive. In addition, 682 skeletal remains were identified and returned to the families. At the beginning of July 2024, the Inter-American Commission on Human Rights (IACHR) pronounced itself on the restitution of remains in the Putis case, encouraging the State to continue the search, identification, dignified restitution and prosecution of those responsible.

Unfortunately, the country has seen regression in the access to justice, the right to truth and reparation for the victims of forced disappearances. Recently, the Congress of the Republic approved Law 32107 that prescribes crimes against humanity or war crimes committed before July 1, 2002, that is, before the entry into force of the Rome Statute of the International Criminal Court and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. With this law, no one may be prosecuted, convicted or punished for forced disappearances, genocide, slavery, terrorism, systematic and widespread torture, and other crimes against humanity committed during the armed conflict. 

“All this is to give impunity to Fujimori and others involved in serious human rights violations,” Albán emphasizes. In fact, the acts committed by former president Alberto Fujimori led to the declaration of Peru’s international responsibility in the Barrios Altos and La Cantuta cases, which were resolved by the Inter-American Court of Human Rights (IACHR) and in which several of these actions have been classified as crimes against humanity.

Last June, through a communiqué, the IACHR expressed that the proposed law is contrary to international law and warned that it “openly disobeys the sentences of the IACHR Court.” In the same vein, Volker Turk, UN High Commissioner for Human Rights, said in a recent statement that these crimes should not be subject to amnesties or statutes of limitation. However, nothing prevented Congress from approving the law.

The cases of forced disappearances described in Colombia, Cuba, Nicaragua and Peru are evidence of the serious human rights violations that also occur throughout Latin America and the Caribbean, and which, at the same time, hinder democracy in the region. 

According to CED member Juan Pablo Albán, it is necessary that in each of these countries a culture of denunciation is promoted, cases are documented, protection channels are used, and more States that make up the United Nations General Assembly commit themselves to fight against this phenomenon, in order to reduce the number of forced disappearances worldwide. 

From the Institute on Race, Equality and Human Rights (Race and Equality) we commemorate the International Day of the Victims of Enforced Disappearances, and emphasize that this type of violence affects thousands of human beings including activists, human rights defenders, indigenous peoples, artists of the region, and opposition members or people who are perceived as such, as well as their families, including children who suffer from this institutional violence, or by other actors. We condemn this phenomenon and call on the authorities in Latin America and the Caribbean to commit to finding those who are still missing, and to protect critical and dissident voices. We also urge independent civil society to continue to denounce this violence before international human rights protection mechanisms.



Visit of the UN Rapporteur on Racism to Brazil: Systemic racism and violence against women from racial and ethnic groups are the highlights of her report

Brazil, September 02, 2024 – “Systemic racism demands systemic responses.” This approach was emphasized by Ashiwini K.P., United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, during her press conference where she presented the preliminary conclusions following her visit to Brazil. Between August 5 and 16, the Rapporteur visited Brasília, Salvador, São Luís, São Paulo, Florianópolis, and Rio de Janeiro, where she met with authorities of the Federal Executive Branch and state governments, as well as with various Black, Indigenous, Quilombola, and Roma organizations.

In preparation for the visit, the Institute on Race, Equality and Human Rights (Race and Equality), together with the Institute for Development and Human Rights (IDDH), organized a virtual training with civil society organizations to support them in preparing documents with recommendations that would be delivered to the Rapporteur. In addition, the scope and objectives of the visit were presented in the training to guide them in dialogue and advocacy actions before this UN special procedure.

“The visit of the Rapporteur on racism takes place at an important moment for the country, after all, we are in an election year and advocating for intersectional public policies. From our perspective, we highlight the importance of providing Brazilian organizations with a relationship between the UN and the government, because based on the report that will be presented, the State must commit to implementing reparations in matters of racism”; highlights Rodnei Jericó da Silva, Director of Race and Equality in Brazil.

 Preliminary Findings: Highlights

Race and Equality presents some of the key points of the preliminary conclusions highlighted by the Rapporteur regarding her experience in the country, which will be presented in the final report to the United Nations Human Rights Council in June 2025. This report will be delivered to the Brazilian government, which, as a member state of the UN, accepted the official visit as a way of evaluating its public policies.

In this sense, Ashiwini K.P. stressed that she identified positive points in some government actions, such as the recognition of racism as a systemic phenomenon; the creation of the Ministry of Racial Equality, the Ministry of Indigenous Peoples, and the Secretariat of Roma Peoples, within the Ministry of Racial Equality; sound affirmative policy proposals; and the existence of a health unit in Bahia for the treatment of sickle cell anemia. However, the Rapporteur emphasized that governmental progress is advancing slowly, since, recognizing that the colonialist past generates an exclusion of groups marked by structural violence, Brazil must adopt a systemic approach to guarantee restorative justice.

The lack of disaggregated data is a major issue identified by the Special Rapporteur, particularly the absence of data on Roma people, LGBTI+ people, migrants, refugees, and people with disabilities, who face multiple intersecting forms of discrimination. She also points to the growth of neo-Nazi groups, especially in Santa Catarina, where she mentioned that there is an erasure of data on the issue. Furthermore, she emphasized that Brazil must ensure that research and public policies are supported by and created through consultation with groups in vulnerable situations.

Thus, its proposals include the establishment of an independent national human rights institution following the principles on the status of national institutions for the promotion and protection of human rights (the Paris Principles), to monitor and implement anti-racist policies.

The Rapporteur emphasized that the indigenous and quilombola communities have faced numerous setbacks by the National Congress. In her criticisms, she highlighted the slowness of the State in the process of territorial demarcation of these communities; the seriousness of the time-frame thesis; environmental racism as a driver of exclusion and vulnerability; and the neglect of the health of these populations in the face of the advance of illegal mining (pesticides and urban diseases). She also expressed concern about the violence suffered by indigenous peoples and quilombolas, highlighting the recent Guaraní-Kaiowá case, in Mato Grosso do Sul, and other conflicts in Bahia. Therefore, the Rapporteur urged the Government to take an urgent position in the face of intimidation against indigenous peoples and quilombolas, warning of the seriousness of the resulting environmental violence, and that more forceful actions must be taken, in addition to emphasizing Brazil’s international commitment to Convention 169 of the International Labor Organization (ILO).

“A coordinated national plan for indigenous and quilombola affairs is necessary, as the protection of their lands is essential to address the climate crisis,” said Ashiwini K.P.

The understanding of religious racism as a practice that persecutes and reproduces violence against practitioners of African-based religions was one of the highlights of her conclusions. In this regard, the Rapporteur cited cases that came to her through civil society, such as private transport that refuses to take people in their religious clothing, the loss of custody of children by Axé women, and physical attacks organized against terreiros. In her opinion, she stressed that the State allows this type of misogynistic and racist practices and suggested that the government create a protection program to face this problem.

“Even if Dial 100 exists, the lack of investment by the state sends a message of impunity and that the government will not take any action against religious racism,” she said.

Regarding the situation of human rights defenders, the Rapporteur expressed her dismay at the seriousness of the threats and police brutality to which these groups are exposed. Although she acknowledged the importance of the creation of the Sales Pimenta Technical Working Group, to develop proposals for the National Policy and Plan for the Protection of Human Rights Defenders, she highlighted the lack of resources for human rights and the effectiveness of those policies that already exist. In this way, she urged Brazil to implement the actions recommended by the United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor, after she visited Brazil in April of this year.

Given the situation of black women and gender/sexual intersectionality, such as with LBT women, the Rapporteur emphasized the issues of precarious access to the health system and obstetric violence, the issue of domestic workers, sexual violence, and femicide that disproportionately impacts these women, with which she pondered the need for psychological guidance as a government public policy. The Rapporteur expressed great concern about the data presented that show that black women are more exposed to femicide, highlighting the violence that occurs against black lesbian and trans women. In addition, the criminalization of abortion was noted in their evaluation, in addition to the barriers faced by women who seek even legal abortion, in accordance with the Penal Code. In this regard, she emphasized her concern about the Constitutional Amendment Proposal 1904/2024, which increases the penalties for women who have abortions to up to 20 years in prison. At this point, the importance of the Government implementing the recommendations of the CEDAW Committee, which evaluated Brazil this year, to decriminalize abortion and guarantee safe access for all people, respecting women’s rights and bodily autonomy, was highlighted. Regarding the care economy, she also noted the economic exploitation suffered by domestic workers.

Regarding police violence, the Rapporteur pointed out that Afro-descendant mothers who lose their sons and daughters due to police brutality, in addition to being victims, are also criminalized.  Therefore, her report will emphasize the need for more effective measures to be taken against the prison system and, while acknowledging that the use of police cameras is an important step towards an anti-racist security policy, she pointed out that there are reports that these cameras are not used and that the government is using measures of racial discrimination without scientific basis. In this way, she urged the government to create laws on the use of artificial intelligence so that it is not used in a racist way.

The Special Rapporteur also highlighted spatial segregation, especially in large urban centers, which are mostly occupied by people of African descent and have poor access to infrastructure. In addition, she highlighted the lack of support for people living on the streets.

The advance of the extreme right and the growth of neo-Nazi cells was one of the points of extreme concern of the Rapporteur, who stressed that there is a denial by the state of Santa Catarina about these groups and that affirmative policies and actions must be implemented to strengthen local legislation to combat denialism. From this perspective, she also highlighted her concern about the lack of efforts of the Brazilian legislature in the face of bills that seek to roll back some of the rights already achieved.

Finally, she expressed concern about the growth of gender-based political violence and hate speech and urged the government to take careful measures in this area. She stressed that the low representation of vulnerable groups in decision-making spaces reflects systemic racism. In addition, this lack of representativeness can also be seen within the Judiciary.

Race and Equality thanks Ashiwini K.P. for her support and interest in the Rapporteurship’s commitment to promoting anti-racist and racial justice actions in Brazil. We highlight the importance of the recognition of religious racism as a discriminatory practice before an international human rights mechanism. We continue to fight for the defense and guarantee of human rights to confront the inequalities created by the racist system. The Brazilian State must commit itself to the demands for justice and equity of its population. A government whose proposal is “Union and Reconstruction” must have historical reparation as a priority.

Finally, we share some of the recommendations submitted to the Office of the Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance by Brazilian organizations:

  • Improvement of public policies for access to legal aid and support services for victims of domestic and familial violence, based on a survey of cases registered in recent years, to support and protect women victims of violence and racism (especially religious racism); among other actions, based on the collaboration of feminist groups, religious leaders, public managers, and experts on the subject.
  • Demand the implementation of the National Health Policy for the LGBTI+ Population through the creation of specialized health teams to meet the highly complex demands in the health of lesbian women;
  • Recommend that the Brazilian State effectively address all barriers to justice faced by victims of racist crimes by speeding up prosecutions, revising evidence standards to strengthen accountability for discriminatory acts, and monitoring racial disparities in access to justice, especially for Afro-descendant women and LGBTI+ people.
  • To ask the Brazilian State to seek to adequately implement reparation measures for victims and family members affected by State violence, which should include psychological support, medical assistance, and financial compensation, in addition to others that may be necessary in the analysis of the specific case.
  • Ensure that the Brazilian State also complies with the recommendations prepared by the Committees on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women, treaty bodies that recently examined the country and noted similar concerns.
  • To recommend the political participation of indigenous peoples and quilombola communities in the development of public policies that affect their territories and in policies for the defense of the environment. In addition, the Brazilian State must guarantee the demarcation and titling of quilombola and indigenous lands, in addition to rejecting the thesis of the Time-Frame Framework.

 

 

 

 

 

Race and Equality and RegionaR organizations express concern over allegations of human rights violations in Venezuela’s electoral context and demand independent vote verification

August 1, 2024.– On July 28, presidential elections were held in Venezuela, however, there are well-founded doubts about the veracity of the results proclaimed by the National Electoral Council (CNE), according to which Mr. Nicolás Maduro would have been re-elected.

According to public information, Sunday was a mostly peaceful day in which millions of Venezuelans turned out with enthusiasm and democratic spirit to express their voices at the polls. During this electoral process, we received numerous reports of impediments to voting, mainly with respect to people abroad.

However, the questions regarding the results do not arise only from what happened last Sunday. It is important to remember that the aforementioned elections were held in a context of strong restrictions on civic space, including acts of persecution and criminalization of people that the Government considers political opponents and human rights defenders. Likewise, local organizations and experts have consistently demanded that the national electoral body guarantee independence and impartiality, and in general, they have denounced an alleged co-optation of these institutions by the current government.

Given this context, at RegionaR we join the international call addressed to the Venezuelan authorities to demonstrate in an absolute and transparent way the results emanating from the results corresponding to each polling station so that there is no doubt about what the electoral will of Venezuelan citizens has been.

The undersigned organizations, all members of RegionaR, express our solidarity with the citizens of Venezuela, and with the human rights organizations that serve the general population. We condemn all types of violence, whatever their origin, and we call for dialogue that will restore peace to the country.

We receive with concern news of acts of disproportionate repression of peaceful civic protests that are taking place in various parts of Venezuelan territory, as well as of multiple arbitrary detentions and forced disappearances. In light of this, we vehemently urge the Venezuelan State to respect constitutional guarantees, and respect the rights contained in international treaties, especially those referring to freedom of expression, peaceful assembly, and association, and to refrain from engaging in acts of repression, persecution, or criminalization. In particular, we recall that the authorities are obliged to protect and provide guarantees so that people can exercise and defend their right to vote and to elect their authorities freely.  A democracy without civil and political liberties and respect for human rights is not a democracy.

RegionaR is a diverse space for analysis of the common factors that threaten and affect human rights, the rule of law, and democracy in the region. In addition, we make calls to action and formulate proposals based on an approach based on successful experiences of resistance, resilience, and new approaches and innovative narratives for the defense of human rights in the region. (www.regionar.org).

Signatory organizations

  • Asociación ALFIL – Ecuador
  • Asociación Ciudadana ACCEDER – Costa Rica
  • Asociación Indígena Taiñ Adkimn – Chile
  • Campaña Latinoamericana por el Derecho a la Educación (CLADE) – Regional
  • Centro Loyola Ayacucho – Perú
  • Colectivo de Derechos Humanos Nicaragua Nunca Más – Nicaragua
  • Comité de Familiares de Víctimas del Caracazo – Venezuela
  • Foro Indígena Abya Yala – Regional
  • Equipo Jurídico por los Derechos Humanos – Honduras
  • Fundación Ecuménica para el Desarrollo y la Paz (FEDEPAZ) – Perú
  • Fundación Mahuampi Venezuela – Colombia
  • Grupo COMUNICARTE – Colombia
  • Iepé – Instituto de Pesquisa e Formação Indígena – Brasil
  • ILEX Acción Jurídica – Colombia
  • Instituto de Defensa Legal – IDL – Perú
  • Instituto Internacional sobre Raza, Igualdad y Derechos Humanos – Internacional
  • Movimiento Sociocultural de trabajo humanitario y ambiental los Trabajadores Haitianos – República Dominicana
  • Organización Las Crisálidas – Guatemala
  • Programa Venezolano de Educación Acción en Derechos Humanos (PROVEA) – Venezuela
  • Servicio Jesuita a Refugiados para Latinoamérica y el Caribe – JRSLAC – Regional
  • Servicio Jesuita para Migrantes Costa Rica – Costa Rica
  • Servicio Social Pasionista (SSPAS) – El Salvador
  • Unidad de Defensa Jurídica (UDJ) – Nicaragua

OAS General Assembly: Race and Equality to dialogue with civil society and experts on racial discrimination, gender-based violence and hemispheric security

Washington D.C., June 14, 2024 – Ahead of the 54th session of the General Assembly of the Organization of American States (OAS), the Institute on Race, Equality and Human Rights (Race & Equality) is reaffirming its commitment to the defense of human rights in the region by holding three parallel events. The first event, the Inter-American Forum against Discrimination, which has been part of the institutional calendar since 2005, will bring together leaders from different countries for a dialogue on reparations and the main demands of the Afro-descendant, indigenous and LGBTI+ population. The second event will address the human rights crisis in Nicaragua and international financial support; and the third event, coordinated by the Latin American Human Rights Consortium, will bring together key actors from different countries to discuss human rights as a pillar of hemispheric security in the Americas. 

The OAS General Assembly will be held from June 26 to 28 at Conmebol, located in the city of Asuncion, Paraguay, under the theme “Integration and Security for the Sustainable Development of the Region”. For Raza e Igualdad, the OAS General Assembly is a space for broad dialogue and exchange of best practices of civil society in the region, as well as an opportunity to strengthen its demands by listening to delegations from Member States and its Secretariat. In this way, the parallel events achieve the purpose of effective political advocacy before this international human rights mechanism. 

Inter-American Forum against Discrimination

This year, the Inter-American Forum against Discrimination will be held on Tuesday, June 25, and will consist of four sections with the following themes: “The role of human rights protection systems in the reparation of different groups discriminated against in the region”; “Experiences of reparation in the region and its scope in relation to racialized, mobile or displaced groups, sexual, religious, linguistic, political minorities, among others”; “Reparation in the context of gender”; and, finally, the section “The ethnic population and the 54th Regular Session of the OAS General Assembly”.

The opening panel of the Forum will feature Gloria De Mees, OAS Rapporteur on the Rights of People of African Descent and against Racial Discrimination. In the following panels, leaders from the region will join the debate with information about their contexts and their struggles for reparations, restitution and guarantees of non-repetition. In addition, in the context of gender reparations, several activists will present and discuss the implications of the general recommendation of the Follow-up Mechanism of the Belém do Pará Convention (MESECVI) on Afro-descendant women. 

The annual Forum will also discuss the strengthening of the Afrodescendant Coalition of the Americas and the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI). 

To participate, register here: https://tinyurl.com/2fx7uc29  

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International financial support to Nicaragua despite democratic and human rights crisis

On Tuesday afternoon, June 25, Raza e Igualdad will bring together experts from the OAS, academia and civil society to discuss the responsibility of International Financial Institutions (IFIs) in relation to crimes against humanity and human rights violations in Nicaragua. It will also analyze the strategic relevance of these institutions in the use of human rights due diligence to address the negative impacts of their development projects. 

In a regime historically marked by systematic human rights violations, the continuity of international financial support brings to light several questions from civil society. From 2018 to the present, the authoritarian regime of Daniel Ortega, Rosario Murillo and their followers have carried out widespread and systematic attacks against the Nicaraguan civilian population in opposition for political reasons. Since 2021, the democratic and human rights crisis has significantly worsened. On February 9, 2023, 222 people were released from prison, then banished to the United States and arbitrarily stripped of their nationality and citizenship rights. Among the most vulnerable groups are human rights defenders, journalists, religious leaders, women, indigenous and Afro-descendant peoples, and LGBTI+ people.

However, the abundant evidence of the democratic and human rights crisis in Nicaragua was not enough for the International Financial Institutions to decide to change their strategy towards the country, strengthen their human rights due diligence, or suspend and/or cancel the implementation of their projects in the country. In February 2024, the World Bank Group, the International Monetary Fund, the Inter-American Development Bank Group and the Central American Bank for Economic Integration supported 97 projects in the execution phase in Nicaragua, with the approval of US$5,082.43 million, according to information available on their websites. Of these, 57 projects were approved for a total of US$2,784.43 million, following the onset of the crisis in 2018.

To participate, register here: https://tinyurl.com/57r4b22m

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Human Rights as a Pillar of Hemispheric Security in the Americas

The Latin American Human Rights Consortium – formed by Race & Equality, Freedom House and the Pan American Development Foundation (PADF) – will hold the event “Human Rights as a Pillar of Hemispheric Security in the Americas” on Wednesday, June 26. This event aims to highlight human rights violations in Cuba, Nicaragua, El Salvador and Venezuela as a driver of the debate on security in the region. In these countries with insecure and repressive contexts, inequalities are generated in terms of freedom and security with a differential effect on the most vulnerable groups, such as Afro-descendants, women, children, LGBTI+ population and people deprived of liberty for political reasons.

Thus, new concerns and challenges, including the political, social, economic, environmental and human rights situation of OAS Member States, have led this organization to redefine its understanding of hemispheric security. Thus, on October 28, 2003, the States of the Americas promulgated the “Declaration on Security in the Americas”, proposing a new concept of multidimensional security that recognizes that the objective of hemispheric security is the “protection of human beings”.

In its declaration, the OAS considered that “representative democracy is an indispensable condition for the stability, peace and development of the States of the Hemisphere” and that it is “the responsibility of the specialized forums of the OAS, as well as inter-American and international forums, to develop cooperation mechanisms to confront these new threats on the basis of the applicable instruments”. 

In this context, the Special Rapporteur for Freedom of Expression of the IACHR, Pedro Vaca; the Deputy Director of the Program for Latin America and the Caribbean of Freedom House, Alejandra Argueta; the lawyer of the organization Cubalex, Alain Espinoza; the legal professional of the Legal Defense Unit of Nicaragua, Arlette Serrano; the Venezuelan journalist from Voces de la Memoria, Victor Navarro; and the co-founder of the association Tracoda (Transparency, Social Controllership, Open Data) from El Salvador, Luis Villatoro, will discuss strategies to strengthen the security and protection of the population and human rights defenders, among the current challenges faced by authoritarian regimes in the Americas. 

To participate, register here: https://tinyurl.com/537cdu3w  

 

More information about the events 

Inter-American Forum against Discrimination

Date and time: Tuesday, June 25, 9:00 a.m. – 12:30 p.m. (Asunción and Washington D.C.) / 10 a.m. – 1:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Aviadores del Chaco avenue

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/2fx7uc29  

Simultaneous interpretation in Spanish, Portuguese and English.

 

International financial support to Nicaragua despite democratic and human rights crisis

Date and time: Tuesday, June 25th, 5:00 p.m. – 7:30 p.m. (Asuncion and Washington D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/57r4b22m  

Simultaneous interpretation in Spanish, Portuguese and English.

 

Human Rights as a Pillar of Hemispheric Security in the Americas

Date and time: Wednesday, June 26th, 5:00 p.m. – 7:30 p.m. (Asunción and Washington, D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Hotel Esplendor, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/537cdu3w 

Simultaneous interpretation in Spanish, Portuguese and English.

Cuba and Nicaragua: countries where independent journalism is a crime

On World Press Freedom Day, we demand that Cuban and Nicaraguan authorities respect independent journalism, without resorting to violence and repression against those who practice this profession.

Washington D.C., May 3, 2024 – In the authoritarian regimes of Cuba and Nicaragua, independent journalism is punished with imprisonment, exile, arbitrary deprivation of nationality, confiscation of personal property, and media outlets. On World Press Freedom Day, commemorated today worldwide, and recognizing that freedom is an essential pillar for accountability and the proper functioning of public institutions, the Institute on Race, Equality, and Human Rights (Race and Equality) highlights the work of Cuban and Nicaraguan journalists, who tirelessly strive to bring visibility to the democratic and human rights crises in their countries and advocate for their people’s right to access truthful and diverse information.

Cuba: Arbitrary Detentions and Repression

In Cuba, “home arrests, summonses, and detentions of journalists and reporters continue to be one of the main tactics used by the government to intimidate them or as a way to inhibit independent and critical journalism,” according to Chapter IV.B of the 2023 annual report by the Inter-American Commission on Human Rights (IACHR).

According to the report ‘Cuba: Resistance against Censorship,’ prepared by the organization Article 19, there were a total of 274 attacks against journalists and activists on the island last year. At least five journalists and reporters remain deprived of their liberty for political reasons, facing unjust charges for exercising their right to freedom of expression. These individuals are Lázaro Yuri Valle Roca, Jorge Armando Bello, José Antonio López Piña, Jorge Fernández Era, and Luis Ángel Cuza.

The authoritarian Cuban regime has also increased restrictions and obstacles for the entry and exit of independent journalists from the territory. As of April 2024, journalists Reinaldo Escobar, Camila Acosta, Anais Remón, and Henry Constantín were banned from leaving the country.

Additionally, Cuban authorities have imposed a series of regulations severely limiting the exercise of press freedom and journalistic work in Cuba. Among these measures are mandatory military service for women wishing to study journalism, Decree 370 which suppresses free expression on the Internet, and the Social Communication Law, which regulates media content on the island and disregards independent press as a legal entity.

This grim picture of Cuba forces independent journalists to work under precarious conditions, facing constant threats and reprisals; however, their determination to shed light on injustices and defend the human rights of this country is unwavering.

Nicaragua: Between Clandestinity, Exile, and Self-Censorship

In the 2023 Annual Report of the IACHR, the organization and the Special Rapporteurship for Freedom of Expression (RELE) warned that “censorship and repression reached alarming levels” in Nicaragua.

Since the beginning of the socio-political and human rights crisis in April 2018, more than 250 journalists have been forced into exile, 56 media outlets have been shut down and their buildings confiscated, 22 journalists have been stripped of their nationality and their properties seized, and the murder of journalist Angel Gahona, who covered the start of peaceful demonstrations six years ago, remains unresolved.

In the past year, the Ortega Murillo regime has extended arbitrary detention for political reasons to journalists who weren’t even covering political topics. Such as the case of Víctor Ticay, arrested while covering a religious procession and sentenced to 8 years in prison for unproven charges of ‘spreading false news and conspiring to undermine national integrity.’

There are also reports of five journalists who were accused of the same false charges and detained for a few hours, as well as cases of 22 female journalists who have been victims of sexual harassment by police forces.

It’s worth noting that agents of the National Police, both uniformed and in plain clothes, are the main aggressors against press freedom in the country. Additionally, the regime employs the Directorate of Migration and Foreigners and the Nicaraguan Institute of Telecommunications for coercive purposes. The approval of repressive laws, such as the Special Law on Cybercrimes and the Sovereignty Law, has exacerbated the situation by granting the regime powers to prosecute and punish anyone who criticizes the government.

This repression has led to independent journalism being completely silenced in 5 out of Nicaragua’s 17 departments. However, Nicaraguan journalists work clandestinely and in exile, overcoming censorship and disseminating the truth about the crimes against humanity committed in Nicaragua.

For Race and Equality, World Press Freedom Day recalls the importance of the right to press freedom and expression in the functioning of a democratic society. We take this opportunity to call on the international community to defend these rights and work together to ensure that the voices of independent journalists are no longer silenced by the authoritarian regimes of Cuba and Nicaragua. We demand that the authorities of both states guarantee this right and allow for the development of independent journalism, without resorting to violence and repression against those involved in this profession.

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