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

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.

Six Years of Crimes Against Humanity in Nicaragua: Justice Must Not Be Delayed Any Longer! 

Washington D.C., April 18, 2024 – On the sixth anniversary of the socio-political and human rights crisis in Nicaragua, the Institute on Race, Equality and Human Rights (Race and Equality) urges international solidarity with the direct victims of repression and their families, who deserve truth, justice, reparations and guarantees of non-repetition. Race and Equality urgently calls on countries allied with the Nicaraguan people to apply universal justice mechanisms to investigate the individual criminal responsibilities of dictator Daniel Ortega, Vice President Rosario Murillo and other high-ranking officials perpetrators of crimes against humanity, as well as to sue Nicaragua before the International Court of Justice in The Hague.

“On this date we cannot stop thinking about the mothers of April, the families of political prisoners and the rest of the Nicaraguan people who have been clamoring for peace for six years. Peace can only come with truth, justice, reparations and guarantees of non-repetition for the victims of these atrocious crimes. The more time passes, the more difficult it will be to rebuild Nicaragua, Nicaragüita; therefore, countries friends of the Nicaraguan people: Justice must not be delayed any longer, let’s act, let’s seek mechanisms for accountability!“, urged Carlos Quesada, Executive Director of Race and Equality.

The atrocities committed by the dictatorial regime of Ortega and Murillo have left thousands of victims: At least 355 people murdered and more than 2000 protesters injured by state or para-state agents in the context of the 2018 protests; 317 people arbitrarily stripped of their nationality and citizenship rights, 200 journalists exiled; more than 240 people exiled, including Catholic religious figures; approximately 6.5% of the population in exile, seeking asylum or refuge; more than 3625 civil society organizations cancelled; and 121 people deprived of their liberty for political reasons, including women, elderly people, artists, political leaders and Indigenous forest rangers.

“Ortega and Murillo, with their intellectual accomplices and direct perpetrators, have managed to sow terror beyond Nicaragua’s borders with the implementation of statelessness; however, we see mothers of lethal victims, human rights defenders, journalists overcoming censorship, monitoring and advocating despite the risks and reprisals. Their resilience is impressive, let’s not leave them alone in the fight!” said Christina Fetterhoff, Program Director of Race and Equality.

The second report of the Group of Experts on Human Rights on Nicaragua identified high-ranking State officials as perpetrators of crimes against humanity. These include: Fidel Moreno; Public Secretary (FSLN), Municipality of Managua; Ana Julia Guido, Attorney General of the Republic; Maria Amelia Coronel Kinloch, Minister of the Interior; Luis Cañas Novoa, Vice Minister and Political Secretary of the Ministry of the Interior; Gustavo Porras, President of the National Assembly; Horacio Rocha, Ministerial advisor for security matters of the Presidency of Nicaragua; Alba Luz Ramos, presiding magistrate of the Supreme Court of Justice; Marvin Aguilar, magistrate of the Supreme Court; Francisco Díaz, Director General of the Police Nacimiento; and Néstor Moncada Lau, security and intelligence advisor. The Group recommended that states strengthen sanctions against institutions and individuals identified for their involvement in the crimes.

Likewise, a group of British parliamentarians, following their recent investigation “The Nicaraguan Inquiry: The Silencing of Democracy in Nicaragua,” suggested that the States go to the ICJ to sue the dictatorship for violations of the conventions to prevent torture and statelessness, and to apply the mechanisms of universal justice to investigate individual criminal responsibilities for crimes against humanity.

“This year, justice must be a priority on the agendas of the allied states of the Nicaraguan people. From Race and Equality, we continue to accompany victims in reporting before the United Nations and the Inter-American Human Rights System, and to provide information to the Group of Experts for their investigations. To the victims we reaffirm that we are here to listen to them and echo their demands. To the international community and states we say: here you have an allied organization, we put our efforts at your disposal. Justice for Nicaragua! Carlos Quesada, Executive Director of Race and Equality.

Cuba violates human rights, we demand an end to repression!

Washington D.C., March 26, 2024. – On March 17 and 18, 2024, the social networks of international and civil society organizations that monitor the social, political and economic crisis in Cuba were flooded with images of the island, showing people from the provinces of Santiago de Cuba, Granma and Matanzas, shouting: “Current and food”, “homeland and life”, “freedom”, “no to violence”, “down with Diaz-Canel”, among other phrases.

The demonstrations originated in response to blackouts, lack of food and, in general, to the complex situation in the country. As a result of these events, 10 people were arbitrarily detained, according to the organization Justicia 11J, which also documented Internet outages, and cases of violence and repression exercised by Cuban authorities against the people who came out to protest.

One week after these peaceful protests took place, the Institute on Race, Equality and Human Rights (Race and Equality) reiterates that the Cuban government systematically violates the human rights of those who reside on the island.

After the massive demonstrations of July 11 and 12, 2021, also known as 11J, in which thousands of people took to the streets and were arbitrarily detained (and more than 700 are still deprived of their freedom, according to Justicia 11J), other protests have taken place, such as the one in August 2022 in Nuevitas, in the province of Camagüey, which left 14 men and women in prison; or the one in Caimanera, in Guantánamo, which left six people in jail.

“During the protests of 11J, in those of Nuevitas, Caimanera and now in those of March 17 and 18, 2024, the Cuban people have demanded the same things: full respect for civil rights, restoration of electricity, food and, in general, improvement of the political, social and economic situation in Cuba. However, Cuban authorities punish protesters with imprisonment, repress activists, artists and independent journalists, and limit the exercise of the rights to freedom of expression and association. We demand an end to violence against those calling for change in Cuba,” says Christina Fetterhoff, director of Race and Equality Programs.  

From the Institute we call on the Cuban authorities to recognize the human rights of those who participate in peaceful protests. We demand that the repression cease, and we ask the international community to follow up and continue to denounce the violations of rights that occur daily in this country.

The Universal Declaration of Human Rights: A Living Instrument Guiding the Defense and Protection of Human Rights in the Americas

Washington DC, December 8, 2023.– What are human rights? How can human rights be fully enjoyed? Who has the obligation to ensure respect for and fulfilment of human rights? The answers to these questions are as obvious as they are complex. Despite the fact that human rights are inherent to all people, the enjoyment of these rights is determined by a diversity of factors that every day, in every corner of the world, bring people closer or further away from the goal of living in freedom, justice, and peace.

As we commemorate the 75th anniversary of the Universal Declaration of Human Rights, the Institute on Race, Equality and Human Rights (Race and Equality) wants to assert the relevance of the UDHR to the work of defending and protecting human rights carried out every day by civil society organizations and activists in the Americas. Although human rights violations persist and worsen in the region, we believe that the Declaration is the tool that pushes and strengthens the struggle for human rights.

“In these 75 years of the Universal Declaration of Human Rights, it is important to look back and recognize all that has been achieved since its adoption. Thanks to the Declaration, the world, and the Latin American region in particular, today has a solid mechanism for the protection of the rights of all people. From civil society we know that there is a lot of work to be done to achieve full guarantees, especially at the level of the obligations of States, but we see the Declaration as a living instrument that guides our work,” says Carlos Quesada, Executive Director of Race and Equality.

A Bit of History

Following the atrocities committed during World War II and the creation of the United Nations, the international community set out to create a road map to ensure the rights of all people everywhere and at all times. Thus, on December 10, 1948, the UN General Assembly adopted the Universal Declaration of Human Rights.

But how did they get there? The UN General Assembly considered an initial document at its first session in 1946 and then forwarded it to the Economic and Social Council for consideration by the Commission on Human Rights, which was entrusted with the task of drafting what they initially called the “international bill of human rights”.

At its first session in early 1947, the Commission on Human Rights directed its members to formulate a preliminary draft of the charter, which was later taken up by a Drafting Committee composed of representatives of eight countries, which were chosen on the basis of geographical distribution. Eleanor Roosevelt, the widow of U.S. President Franklin D. Roosevelt, chaired the UDHR Drafting Committee.

The first draft of the Declaration was proposed in September 1948 and more than 50 Member States participated in the final draft. In its resolution 217 A (III) of 10 December 1948, the General Assembly, meeting in Paris, adopted the Universal Declaration of Human Rights. Eight nations abstained from voting, but none voted against.

Did you know?

Delegates from several countries played a key role in ensuring that women’s rights were included in the Declaration. Hansa Mehta of India is widely credited with changing the phrase “All men are born free and equal” to “All human beings are born free and equal” in Article 1 of the Universal Declaration of Human Rights.

 Learn more.

75 Years Later

That document, which was formulated under the common ideal that all people live in freedom, justice, and peace, has paved the way for the adoption of more than seventy human rights treaties, which are now permanently applied at the global and regional levels. Race and Equality, in its work to defend and protect the rights of Afro-descendant and indigenous populations, LGBTI+ people, and other vulnerable groups, recognizes and champions international human rights law.

The Universal Declaration of Human Rights is a permanent foundation for our work in documentation, capacity building, advocacy, and strategic litigation. To cite one example, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) has been a key tool for strengthening allied organizations in their advocacy processes before States and the Inter-American and Universal Human Rights Systems on the rights of persons of African descent.

Meanwhile, the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW) has been a fundamental piece in documentation and advocacy processes with partner organizations in the defense and protection of Afro-descendant, indigenous, and LBTI+ women. In 2022, Race and Equality supported and accompanied a collective of Peruvian feminist organizations in their participation in the review of the CEDAW Committee in Peru, achieving that it included recommendations to the State based on the demands of lesbian women for the first time.

In these 75 years of the UDHR, Race and Equality recalls that the application of human rights must be governed by the principles of universality, interdependence, indivisibility, and progressivity. We believe that the recognition and respect of the following are imperative: (a) that all persons are entitled to all human rights; (b) that human rights are linked to each other and, therefore, the recognition and exercise of one of them implies respect for and protection of many others; (c) that human rights must be recognized, protected and guaranteed in their entirety, that they cannot be fragmented; and d) that it is the obligation of States to ensure progress in the constructive development of human rights, and that any kind of regression is completely prohibited.

In addition, as a way of honoring these 75 years of the Universal Declaration of Human Rights, we have produced an illustration that recognizes the diversity of people in the Americas—and, therefore, the diversity of circumstances that affect them—and symbolically places at the center the Declaration that, in the days of its drafting, Eleanor Roosevelt envisioned it as a document of support, guidance, and inspiration, noting, “this is the first step in an evolutionary process.”

We also recall and put again as a point of reflection an excerpt from the speech “Where do human rights begin?” that Eleanor Roosevelt gave in 1958 on the occasion of the tenth anniversary of the UDHR:

“Where, after all, do human rights begin? In small places, close to home. So close and so small that they cannot be located on any world map: each person’s environment, the neighborhood in which they live, the school or university they attend; the farm, factory, or office where you work. These are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity, without discrimination. If these rights don’t mean anything there, they don’t mean anything anywhere. Without concerted citizen action to assert these rights close to home, we seek progress on a larger scale in vain.

The Strategies Employed by Cuba’s Authoritarian Regime to Restrict Mobility and Silence Dissident Voices

Washington, DC, October 11, 2023 – In 2019, five activists out of the six interviewed for this article were banned from leaving the island by Cuba’s authoritarian regime. The coordinator of the Red de Líderes y Lideresas de Cuba (RELLIC), María Elena Mir Marrero, was prevented from boarding a plane under the argument that she was regulated. The vice-president of the Consejo para la Transición Democrática en Cuba, Manuel Cuesta Morúa, was also prevented from flying to Belgium that same year. Osvaldo Navarro, member of the Comité Ciudadanos por la Integración Racial (CIR), was informed, before his flight date, that he was regulated. Marthadela Tamayo, also a member of CIR, was not allowed to board, being told that she had been fined and had to pay up before traveling abroad. And the National Coordinator of the CIR, Juan Antonio Madrazo, was not allowed to leave Cuba at that time either, because he was one of the regulated persons. They were trying to leave the country to denounce the serious social, political, economic, and rights crisis in this country, which has worsened in recent years.

But that has not been the only time that María Elena, Manuel, Osvaldo, Marthadela, and Juan Antonio have tried to travel outside the island to participate in academic spaces, assemblies, and dialogues, where human rights violations recorded in this country are addressed. After 2019 they have tried again and have been detained inside their homes or upon arrival at the airport. All with the aim of preventing them from boarding their flights. They have also been repeatedly told that they are regulated and are prohibited from traveling to another country, unless they want to leave and never return to the island.

In July of this year, the coordinator of the Centro de Estudio, Liderazgo y Desarrollo (Celide), Fernando Palacio, tried to travel to Trinidad and Tobago, and while inside the airport the Cuban authorities informed him that he was not regulated, but he could not leave the country because the commemoration of the Assault on the Moncada Barracks, an armed action carried out on July 26, 1953 by a group of young people led by Fidel Castro, to overthrow Fulgencio Batista, was approaching. Fernando is the other human rights defender interviewed for this article.

“The term regulation is a euphemism that the regime uses to prevent activists from leaving the country,” says Marthadela, who also maintains that it is an arbitrary measure. “As a human being you feel powerless, you feel fragile before a state that has all the power to decide when you leave, when you enter, when they put you in prison, when they take you out of prison…”, reflects Osvaldo. That, he says, is what he has felt every time he is notified that he is regulated.

A report released by the Office of the UN High Commissioner for Human Rights, which reveals that more than 220 people and 25 organizations around the world suffered reprisals for cooperating with the United Nations, mentions the human rights violations suffered by Juan Antonio and Marthadela. The document points out that in the last year Cuban authorities prevented the two from leaving the country, and this has hindered their engagement with the UN, “including the current preparations for the fourth cycle of the Universal Periodic Review of Cuba, scheduled to take place in November 2023,” the report states.

From One Province to Another

The six human rights defenders who were consulted also say that state authorities have prohibited them from moving from one province to another. In 2008, Fernando was banned for two years from visiting Holguín. He was notified of the measure after being detained and held incommunicado for almost a week. Marthadela cannot go to that same region, even though she is a native of that part of the country. María Elena and Juan Antonio have been arbitrarily detained every time they go to Santiago de Cuba, while the authorities do not allow Manuel to travel to Villa Clara.

The Cuban state has restricted the mobility of this group of activists, who were also expelled from their jobs for being dissident voices against Cuba’s political system. All in order to silence them and prohibit them from continuing their struggle for a “free country”.

“I dream of a real Cuba, where we as mothers can raise our children, see them grow and develop. I dream of a Cuba full of freedoms, where the population is not oppressed, where each and every one of the laws that the country itself regulates is complied with. I dream of a free Cuba”, says María Elena, who has not seen her son for more than a year, nor her grandson or daughter-in-law. All three left the country because of the serious situation on the island.  

From the Institute on Race, Equality and Human Rights (Race and Equality) we reject the strategies of unjustified restrictions on mobility implemented by the Cuban State, whose sole purpose is to silence activists, human rights defenders, artists, independent journalists, jurists, and, in general, all dissident voices. We also urge the international community to follow up on the denunciations of Cubans who have suffered repression and harassment on the island, and to condemn these tactics carried out by the authoritarian regime of Cuba.

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