Transmasculinities before the IACHR: Urgent call for the right to healthcare in Latin America

Transmasculinities before the IACHR: Urgent call for the right to healthcare in Latin America

On November 12, the coalition of transmasculine organizations presented before the IACHR about the diverse realities of access to the right to healthcare of transmasculine people in the region.

Washington, D.C., November 20, 2024.- Within the framework of the 191st Regular Session of the Inter-American Commission on Human Rights (IACHR), representatives of transmasculine organizations in Latin America and the Institute on Race, Equality and Human Rights (Raza and Equality) exposed the multiple violations of access to the right to healthcare of transmasculine people in the region.

The interventions from Peru, Brazil, Ecuador and Bolivia highlighted the urgent need for States to have public policies and implement affirmative health systems that respect gender identity and comprehensively address the specific needs of the transmasculine population.

“The situation of transmasculinities is characterized by a profound disparity in the exercise of rights and all have found a difficulty regarding the health system and access to health services and treatments or surgeries for those people who require it” said Carlos Quesada, Executive Director of Race and Equality, an organization that works alongside this coalition.

The health system must respond to diverse experiences

Bruno Montenegro, representative of Fraternidad Trans Masculina Perú, emphasized that a trans man or a transmasculine person represents diverse and authentic experiences, which implies facing particular challenges in accessing the right to health: “we were assigned with the female gender, and we have “made a social and/or hormonal transition towards the male gender, with which we live our lives in all aspects,” he noted.

According to Montenegro, health personnel often lack adequate training, which results in humiliating and violent attention towards transmasculine people who, therefore, avoid going to medical services, exposing themselves to risks to their health.

“In Peru, the Technical Health Standard for trans people that provides support in hormoneization does not include trans men. Similarly, in Bolivia, the comprehensive care model for LGBTI people does not guarantee dignified and adequate care for transmasculinities, and lacks an effective dissemination strategy that allows its implementation. In Brazil and Ecuador, the situation is not very different; Despite some progress, the absence of specific public policies and the lack of health budget for awareness-raising and training processes aggravates the exclusion of our transmasculine population,” he reported.

Pathologization and its harmful effects

Dom Erick, from the Brazilian Institute of Transmasculinities – IBRAT, denounced the pathologization of transmasculine identities as a key factor in the perpetuation of stigma and violence. He cited the case of Peru, where in 2024 the classification of gender identity as a “mental disorder” according to the ICD-10 was maintained, in contradiction to the decision of the World Health Organization in 2019. This pathologization makes access to health care difficult by requiring psychiatric evaluations to receive medical support.

Dom Erick also warned about the negative impacts on the mental health of transmasculine people. According to the report “Transsexual Men: Social Invisibility and Mental Health” (2018), 94.5% of trans men surveyed reported feeling depression, while 66.4% experienced suicidal ideation. The lack of data and statistics on transmasculine lives contributes to their invisibility and the omission of policies that address these problems.

“In Brazil, Bolivia, Ecuador and Peru, we experience critical under-reporting of data and statistics on transmasculine lives. The invisibility and negligence of the State keeps our community on the sidelines. The stressful and violent experiences suffered in public, social and family spaces negatively impact the mental health of our population, generating social phobias, feelings of isolation, depression, anxiety and suicidal behaviors that can lead to self-extermination,” he noted.

Sexual and reproductive rights: a legal and social vacuum

Javier Morón, from Hombres Trans Diversos Bolivia, exposed the systematic violation of the sexual and reproductive rights of trans men. From obstetric violence to the use of incorrect pronouns, experiences of discrimination in gynecological and obstetric contexts are common. In addition, legal gaps in the civil registry make it difficult to register children, forcing trans men to appear as “mothers” in legal documents, a practice that ignores and delegitimizes their gender identity.

“Many find themselves with a desensitized health system, lacking knowledge and above all guided by religious ideologies, denying us access to adequate pre- and post-natal controls. This refusal not only compromises the physical health of father and baby, but also perpetuates an environment prone to obstetric violence during childbirth. Pregnancy and childbirth must stop being associated with the condition of cisgender women and begin to recognize that other identities like ours have the capacity to gestate or need to undergo legal termination of pregnancy,” he emphasized.

Self-medication and shortages: health risks

Gabriel de Prada, of Fraternidad Transmasculina Ecuador, described the dangers associated with self-medication in the absence of accessible resources for hormonal transition. The lack of availability of testosterone in pharmacies and the disparity in prices force many trans men to resort to anabolic drugs of dubious origin, with serious health risks.

Despite these challenges, De Prada pointed to positive examples, such as the inclusive policies implemented in Brazil. In October 2024, the Unified Health System eliminated the need to link consultations and examinations to “biological sex”, allowing more comprehensive and respectful access to gynecological and urological services.

An urgent call to action

The interventions in this thematic hearing before the IACHR concluded with Otávio Zanardi of Race and Equality, who respectfully called on the Commission to:

1) Urge States to produce comprehensive information and disaggregated data on transmasculine people.

2) To monitor and observe whether the States are complying with the recommendations of the report produced by SRESCER regarding trans and gender-diverse people and their economic, social, cultural, and environmental rights, mainly the recommendations on the right to health are met. . Likewise, update the report published in 2015 on Violence against LGBTI people, in order to reassess the violence faced by transmasculine people.

3) Make a public statement on the challenges transmasculine people face in accessing healthcare, to raise awareness among various stakeholders, including governments and civil society organizations.

4) We also recommend making an on-site visit to Peru, a country that has faced legal challenges, such as the classification of trans identities as a mental illness and other anti-trans regulations.

5) In observation of what is established in Resolution 04/2023 in the Prioritization Policy for petitions and cases before the Commission, we call for priority attention to gender transversality and intersectionality, especially related to the health of transmasculine people.

At IACHR Hearing on Nicaragua: International Financial Institutions Inadvertently Fund Crimes Against Humanity

Washington, D.C., November 15, 2024 – “The international community and various funds from International Financial Institutions (IFIs) are inadvertently financing crimes against humanity,” stated Arif Bulkan, Special Rapporteur on Nicaragua for the Inter-American Commission on Human Rights (IACHR), during the thematic hearing titled “Nicaragua: International Financial Support and Its Impact on Human Rights,” held on Thursday, November 14.

The hearing included representatives from the Institute on Race, Equality and Human Rights (Race and Equality), the Inter-American Dialogue, Fundación del Río, and Urnas Abiertas; commissioners from the IACHR; and members of the Group of Human Rights Experts on Nicaragua (GHREN).

Christina Fetterhoff, Director of Programs at Race and Equality, opened the session by outlining Nicaragua’s ongoing democratic and human rights crisis. She highlighted the Ortega-Murillo regime’s power consolidation, the closure of civic spaces, and systematic repression of dissent. “The regime has canceled the legal registration of over 5,400 civil society organizations out of the 7,200 that existed. However, despite extensive documentation of the crisis, international development projects funded by international financing have not been reviewed, suspended, or canceled,” warned Fetterhoff.

Marcelo Azambuja, Legal Program Officer at Race and Equality, revealed that the World Bank, Inter-American Development Bank (IDB), and the Central American Bank for Economic Integration (CABEI) currently support 88 projects in Nicaragua worth $4.35 billion. Of these, fifty projects worth $2.7 billion were approved after 2018, when Nicaragua’s crisis intensified.
“None of these institutions has publicly addressed the crisis as a factor influencing the approval or monitoring of these projects,” Azambuja emphasized.

He also pointed out that international human rights law obliges IFIs to respect human rights by implementing due diligence measures to prevent adverse impacts. In Nicaragua, their failure to do so has violated freedom of expression through restricted access to public information about internationally funded development projects and policies.

Manuel Orozco, Director of Migration, Remittances, and Development at the Inter-American Dialogue, described the state capture in Nicaragua, where the Ortega-Murillo regime exploits state institutions and external debt for personal gain. Orozco highlighted that the regime’s authoritarian economy relies on fiscal revenue appropriation and extortion of the private sector.
He noted that Nicaragua’s reliance on external financing increased from 46% to 56% of GDP between 2017 and 2023, with public debt reaching nearly $9 billion.

Olga Valle, Director of Urnas Abiertas, emphasized that the authoritarian economic model and lack of public fund oversight have transformed the state into a vehicle for elite enrichment rather than public service. She urged IFIs to improve transparency mechanisms and adopt measures ensuring resources benefit Nicaraguans instead of the ruling elite.

Amaru Ruiz, Director of Fundación del Río, raised concerns about “green financing” directed to the Ortega-Murillo regime. Nicaragua currently manages 27 environmental projects worth $384.8 million, 66% of which are donations. Ruiz highlighted negative environmental impacts, including deforestation, greenhouse gas emissions, and biodiversity loss. He also called for greater oversight and monitoring of green financing projects to ensure transparency and respect for Indigenous and Afro-descendant rights.

Jan-Michael Simon, President of GHREN, noted the government’s systematic cancellation of 80% of nonprofit organizations’ legal status under the pretext of anti-terrorism measures. This reflects the regime’s inverted rule of law, he argued.

The hearing concluded with calls from Pedro Vaca, IACHR Special Rapporteur for Freedom of Expression, for a thorough examination of how financial resources enable repression in Nicaragua.

The participating organizations recommended that the IACHR:

  • Issue a resolution on the scope of human rights obligations concerning international financial support.
  • Establish a working group between the IACHR, IFIs, and civil society organizations to address sustainable development and human rights in Nicaragua.
  • Publicly highlight the risks of adverse impacts from IFI-funded projects in Nicaragua.

For the First Time, the IACHR Grants a Specific Thematic Hearing on the Health of Transmasculinities

A coalition of transmasculine organizations from South America obtained a thematic hearing before the IACHR to address the problem of their access to the right to health in the region.

The Inter-American Commission on Human Rights (IACHR) granted a thematic hearing to be held on November 12 at 9:00 am (Washington DC time) to Fraternidad Trans Masculina Perú, Hombres Trans Diversos de Bolivia, Instituto Brasileiro de Transmasculinidades – IBRAT Brasil, Fraternidad Trans Masculina Ecuador, and the Institute on Race, Equality and Human Rights (Race and Equality) – the petitioners – at its 191st Regular Period of Sessions at the headquarters of the IACHR in Washington D.C. to expose the serious problems related to the right to health of transmasculine people in the region.

This marks a milestone in the fight for the rights of transmasculine people since, for the first time, an IACHR hearing will specifically address the problems that affect the transmasculine population regarding their right to health. The lack of access to hormone treatments and surgeries, systematic discrimination, and institutionalized violence within public and private health systems, as well as the absence of public policies that guarantee physical and mental well-being are some of the points that will be discussed in the hearing.

With this hearing, the Coalition that has been working on the regional Mi salud Transmasculina Importa project, supported by Race and Equality, seeks to highlight these problems before international bodies, demanding concrete measures from States to guarantee the human right to health, based on the principles of equality, non-discrimination, and respect for gender identity. The objective is to promote structural and regulatory changes that build equitable access to health, setting precedents that impact the entire region.

Follow the hearing live:

Via: YouTube
Day: Tuesday, November 12, 2024 Time: 9:00 am (Washington DC)

Follow the coalition’s work:

Instagram: @mi.salud.transmasculino
X: @saludtransmasc
Facebook: @misaludtransmasculina
Tik Tok: @misaludtransmasculina

**For more information about the hearing and interviews with the coalition, please contact the appropriate press contact.

For information in Spanish/English:

Luz Mateo Cielo – Race and Equality
lgbticomms@raceandequality.org
(+51) 933773180

For information in Portuguese:

Paolla Moura – Raça e Igualdade
jornalista@raceandequality.org
(+55) 21 98798-0407

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  

***

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

***

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.

LGBTI+ Rights in Brazil: Impressions After the Visit of Roberta Clarke, IACHR Rapporteur

Brazil, October 9th, 2023 – In a promotional visit to Brazil facilitated by the Institute on Race, Equality and Human Rights (Race and Equality), Roberta Clarke, Rapporteur on the Rights of LGBTI People of the Inter-American Commission on Human Rights (IACHR), had the opportunity to dialogue with civil society organizations and LGBTI+ activists from Brasília, Fortaleza, and Rio de Janeiro. During the visit, which took place from September 18th to 22nd, the IACHR Rapporteur was able to closely monitor the reality of the Brazilian LGBTI+ population, which, between advances and setbacks, remains united as a social movement and in the struggle for the preservation of the rights achieved thus far.

The trajectory of Roberta Clarke’s visit beyond the Rio-São Paulo axis was a strategy adopted by Race and Equality after several hearings with civil society, which constantly demanded attention to the different realities of the LGBTI+ population in other parts of the country. Thus, together with the support of the Ministry of Human Rights, through the National Secretary for the Rights of LGBTQIA+ People, Symmy Larrat, the city of Brasília was crucial for meetings with ministerial offices and meetings with the LGBTI+ movement in the Federal District. It is worth mentioning that the state of Ceará, with one of the highest rates of murders of LGBTI+ people, especially trans people, according to the dossier released by the National Association of Travestis and Transgenders (ANTRA), was also part of the script for active listening with activists from the northeast region, and for having the ‘Sister Imelda Lima Pontes Prison Unit’,  aimed exclusively at the LGBTI+ prison population.

Acknowledging that it is still too early to draw opinions and conclusions on the LGBTI+ Rapporteur’s visit to the country, Race and Equality brings to its audience an overview of the impressions shared by Roberta Clarke after talking to more than 15 organizations of the LGBTI+ movement in the visited cities. The Rapporteur’s impressions about the LGBTI+ population in the country were also reported during the public event held in Rio de Janeiro; “Building Bridges: LGBTI+ People’s Rights in an Intersectional Perspective”, hosted by Race and Equality.

During the week in which the Commissioner was in Brazil, two issues concerning LGBTI+ rights – which have already been achieved – were under discussion at the national level. One of them refers to equal civil marriage, which, due to the advance of extreme right-wing politicians in the Brazilian Congress, has once again been questioned as to its validity. Since 2011 and 2013, the Supreme Court (STF) and the National Council of Justice (CNJ) have equalized same-sex civil unions with heterosexual civil unions; however, Bill No. 5,167/2009 aims to annul this right. Although it has been postponed twice due to pressure from LGBTI+ deputies, and the vote remains suspended, it may return to the agenda in Congress. The other agenda that was under discussion refers to a manipulation also orchestrated by the growing anti-trans ideology that created a movement to attack the use of unisex bathrooms. The fomentation of intolerance on the part of conservative political actors has created a false idea that this was an urgent agenda item to be voted on.

These facts, for the Commissioner, reflected another Brazilian reality, since among the countries in the region, Brazil stands out among those that have made the most progress on LGBTI+ rights. In this regard, Roberta Clarke expressed concern about what is happening in the country and, particularly, about the issue of gender-based political violence, a topic that has been repeatedly denounced before the IACHR. For her, the spread of hate speech and the growth of the anti-trans movement has led to the need for reflection and the need to work together between social movements and LGBTI+ leaders. That is, to organize strategically to understand when it is worth expending efforts to the attacks of conservatives who aim only to spread fake news to dismantle civil society and interrupt the progress of the LGBTI+ political agenda.

In the face of these setbacks, the Commissioner demonstrated her solidarity and highlighted that the opportunity of having experienced different perspectives from across the country made her understand, in an intersectional way, the various types of violence that differentially affect the LGBTI+ community. While acknowledging the progress achieved through the historic struggle for visibility and rights, listening carefully to activists revealed that there is still much to be done. The country’s current situation has shown that there is strong pressure from the far right to destroy the progress made through gender equality policies and the recognition of LGBTI+ rights, and how through the spread of hate speech, trans people feel increasingly threatened and forced to live without access to basic rights.

Thus, Roberta affirmed the IACHR’s commitment to pay close attention to what happens in the country in the coming months, given that Brazil is a country of continental dimension and what happens in its territory has political influence on the entire region.

In her dialogue with the LGBTI+ social movement, the Rapporteur expressed concern about the difficulties reported in the documentation required for the process of civil rectification of name and gender; the various forms of violence against lesbian women; and the gap in the provision of public policies that meet their specificities, from the lack of data collection to the absence of health policies. In addition, lesbian women strongly emphasized the social exclusion they experience when they show affection in public, corrective rape practices, and conversion therapies, in addition to being expelled from their homes when they openly embrace their sexual orientation.

From the conversation with transmasculine people, the Commissioner was able to perceive how the violence they face is crossed mainly by issues of race, class, and territory, especially with regard to police violence. In Ceará, the theme of education was a major motto among LGBTI+ activists, highlighting the need for school inclusion policies since many LGBTI+ students abandon their educational institutions, either due to LGBTIphobia, bullying, disrespect for gender identity, among other forms of discrimination, and some do not even complete elementary school. In this context, on September 19th, the National Council for the Rights of the LGBTQIA+ Population published a resolution establishing guidelines to ensure inclusion and respect for gender identity in educational institutions.

In Brasilia, in addition to meetings with ministerial offices, Roberta Clarke met with the board of directors of the National LGBTQIA+ Council and had the opportunity to learn about the current demands of the LGBTI+ political agenda, in view of the democratic resumption in the country. The meeting with activists from the region took place in the Drag District with a round table that discussed topics such as the need for social assistance policies for the LGBTI+ population, such as the promotion of shelters and access to healthcare for the trans population.

During her visit to Rio de Janeiro, the Commissioner received a report from the Brazilian Lesbian Articulation (ABL) about lesbian women in the country; and received the ‘Dossier on Lesbocide’, after talking to one of the authors. In addition, she was given the dossiers on murder and violence against Brazilian travestis and transgender people in 2022; and the ‘Trans Brasil’ dossier, on their situation in the prison system, both documents being produced by ANTRA.

Finally, Race and Equality is deeply grateful to the Brazilian LGBTI+ movement that mobilized activists from different regions of the country so that they could convey to the IACHR Rapporteur their life experiences and their trajectories of struggles for rights in a country where being and existing as an LGBTI+ person is an act of courage. We also thank the IACHR for accepting our invitation and engaging in dialogue with the Brazilian LGBTI+ civil society movement. In view of our mission, encouraging visits by rapporteurs and experts from international mechanisms is another step in ensuring visibility, non-discrimination, and the full realization of human rights. Therefore, we ask the IACHR to consider the following recommendations for the Brazilian State:

1 – Creation of a National Council to confront hate speech and the dissemination of fake news with an intersectional perspective, in view of the violence and attacks suffered by the LGBTI+ population in the country.

2 – Establishment of policies and bills that constitutionally guarantee same-sex equal marriage, in addition to guaranteeing the safety of trans people in public bathrooms according to their gender identities and the plurality of unisex bathrooms.

3 – Collection of disaggregated data regarding the LGBTI+ population, either through the National Census or through surveys that foster the creation of specific public policies for this population.

4 – Training and education policies aimed at public security forces so that they can ensure the safety of Brazilian LGBTI+ people.

5 – Construction of a policy to confront gender-based political violence, with the provision of measures to protect LGBTI+ members of Congress.

 

Transcendent Voices: Art and Culture as Forms of Resistance and Pride

Washington D.C., June 28, 2023 – On International LGBTI+ Pride Day, the International Institute on Race, Equality and Human Rights (Race and Equality) wishes to dedicate this article to recognize, celebrate, and highlight the presence of LGBTI+ persons in the region in the field of art and culture, which have always been forms of resistance, survival, and pride for LGBTI+ persons. Their disruptive forms of artistic expression have revolutionized this sector, not only enriching it but also challenging and transforming the dominant narratives of cisheteronormativity.

From a human rights perspective, the A/HRC/14/36 report by the United Nations Special Rapporteur on Cultural Rights states that cultural rights are essential for the recognition and respect of human dignity in many aspects. Through these rights, the development and expression of diverse worldviews – both individual and collective – are protected, encompassing important freedoms related to issues of identity.[1]

In this sense, the representation and dignified visibility of historically marginalized groups, such as the LGBTI+ population, are crucial to reclaim their bodies and identities and promote their human rights. “Combat stigma and discrimination. Positive representation in culture contributes to challenging the negative stereotypes and prejudices surrounding sexual and gender diversity,” mentions Alex Aguirre, Human Rights Researcher at the Institute for Peace and Development (Ipades) in Nicaragua, who points out that this also applies to oneself when characters and narratives reflect personal experiences that contribute to developing greater confidence and accepting one’s gender identity or sexual orientation without shame or guilt.

“Diverse artistic expression makes things visible, exposes, portrays, and enriches. Being able to enjoy art created by sexual and gender diverse individuals provides a different perspective to the audience, humanizing and making their expressions their own,” says Fhran Medina, lawyer and LGBTI+ rights activist from Fraternidad Trans Masculina Perú.

From the perspective of the meaning of art and culture, Guillermo Valdizán states in his book Creación Heroica that “forms of cultural production are intimately linked to processes of social transformation.”[2] In other words, cultural production does not exist outside of a specific social, political, and economic context and has been present throughout the history of societies; therefore, it is part of the social process and not just a tool. As Sol Ámbar Sánchez Latorre, Advocacy Director at the GAAT Foundation in Colombia, says, there is an appropriation of the more visible cultural sphere by LGBTI+ persons, which produces new representations and reflections on sexuality and gender, fostering cultural transformations.

Next, Race and Equality’s counterparts recommend some notable examples of cultural productions that have contributed to the visibility of LGBTI+ people:

Yunior Pino, Cuban photographer and activist: “We are courageous individuals endowed with talents and gifts; we educate to eradicate the taboos that have caused a lot of harm and discrimination for generations. I recommend the Cuban film titled Fátima because it portrays the harsh reality experienced by the majority of the LGBTI+ community in Cuba, facing a macho and discriminatory society and a system that forces family separation and prostitution.”

Sol Ámbar Sánchez Latorre, Advocacy Director at the GAAT Foundation in Colombia: “I would like the work of Kia sonorica, a Paraguayan trans artist, to be more widely known. She is also an anti-colonial historian and has a deep understanding of art history; and now she is one of the pioneering Latin American artists using artificial intelligence to create artistic works.”

Fhran Medina, Peruvian lawyer and activist: “Antay is my favorite Peruvian singer-songwriter, not only because he is a great singer, but also because of the work and immense heart he puts into each song and performance. His lyrics are filled with tenderness and artistry. As a trans singer-songwriter, he carries many stories and experiences of the trans population. The music video for the song “Júrame” is something that everyone should watch, and you can find more of his productions on Spotify and YouTube.”

Articulación Brasileña de Lésbicas – Rede ABL: “We recommend the work of Bia Ferreira in music because she is a black woman and ‘sapatão’* who brings true ‘gospels’ of liberation in her songs. It is important for other people to know her work because she explains the cause and solutions to various social issues in a didactic way.”

Alex Aguirre, Human Rights Researcher at the Institute for Peace and Development (Ipades) in Nicaragua: “I recommend the artist Ru Paul, an iconic Drag Queen and host of the show RuPaul’s Drag Race. Ru Paul has been an important figure in LGBTI+ culture and has promoted acceptance and celebration of diversity.”

In conclusion, the visibility of LGBTI+ persons in the field of art and culture is a powerful indicator of progress in human rights. Through cinema, music, dance, theater, visual art, and more, a space has been conquered where these transcendent voices can be heard, and their experiences can be authentically represented. Race and Equality reaffirms its commitment to promoting the visibility and representation of LGBTI+ individuals in all areas of life and wishes them a Pride Month filled with music, art, and culture. All people deserve to live in a society free of violence, more just, and without discrimination. Human rights always!

*’Sapatão’ is a word of pride that refers to lesbian women in Brazil. It is similar to how the trans movement has embraced the word ‘travesti’.

 

——–

[1] Report of the independent expert in the field of cultural rights, Ms. Farida Shaheed, submitted pursuant to resolution 10/23 of the Human Rights Council. Available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G10/124/40/PDF/G1012440.pdf?OpenElement

[2] Valdizán, Guillermo (2021). Creación Heroica: Neoliberalismo, políticas culturales y estrategia comunitaria en el Perú del siglo XXI. Lima: RGC Ediciones

Inter-American Forum against Discrimination celebrated the 10th anniversary of CIRDI and CIDI within the framework of the OAS General Assembly

Washington D.C., June 20, 2023 – The Inter-American Forum against Discrimination, an annual event organized by the International Institute on Race, Equality, and Human Rights (Race and Equality), took place during the General Assembly of the Organization of American States (OAS). It brought together representatives from the governments of the United States and Brazil, as well as experts and Afro-descendant, indigenous, and LGBTI+ leaders from the region, for an effective dialogue on racial discrimination in the Americas.

This year, the Forum’s theme was the “Tenth Anniversary of the Adoption of the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance (CIRDI) and the Inter-American Convention against All Forms of Discrimination and Intolerance (CIDI),” which was held at the iconic National Museum of African American History and Culture (NMAAHC) in Washington D.C.

Carlos Quesada, Executive Director of Race and Equality, highlighted in his welcome speech that the CIRDI is a Convention that broadly addresses racial discrimination, serving not only Afro-descendant peoples but also indigenous peoples and Romani communities.

The first panel, “The Historical Debt: State Responsibility towards the CIRDI and the CIDI,” featured the participation of Joy-Dee Davis Lake, Counselor Minister of the OAS Embassy and Permanent Mission of Antigua and Barbuda. In her remarks, the Minister emphasized the importance of building a better world for diversity, free from discrimination, where every individual can fulfill their full potential. This panel also included Luz Elena Baños Rivas, Ambassador of the OAS Permanent Mission in Mexico, who could not attend in person but sent her message calling for commitment and strengthening of the CIRDI to OAS Member States.

Moderated by Carlos Quesada, the second panel, “International Efforts to Combat Racial and Ethnic Discrimination,” featured the contributions of Margarette May Macaulay, President of the Inter-American Commission on Human Rights (CIDH); Desirée Cormier-Smith, Special Representative for Racial Equity and Justice (SRREJ) of the U.S. Department of State, and Symmy Larrat, National Secretary for LGBTQIA+ Rights of the Ministry of Human Rights and Citizenship of Brazil.

“It is necessary to pay attention to racial representation in the Inter-American Commission on Human Rights (CIDH) and in the United Nations Secretariat. Additionally, I call on government ministers and political parties to reflect on their resistance and inaction regarding the approval of the CIRDI by OAS Member States,” stated Margarette May Macaulay.

“We must commit to keeping the window of racial and social justice open. It is our responsibility to prevent this window from closing,” emphasized Desirée Cormier-Smith, urging all Afro-descendant individuals to empower themselves and influence their governments to build an antiracist democracy.

In her speech, Symmy Larrat celebrated the reestablishment of the LGBTI Popular Participation Council and announced the creation of a Working Group on ‘Memory and Truth,’ which will include experts and members of civil society to implement public policies addressing the historical reparation of the LGBTI population. “It is a challenge to strengthen LGBTI social movements with such a conservative congress. We won the elections, but we didn’t win the fascist wave,” she said.

Afro-descendant and indigenous leaders from civil society in Latin America shared their experiences in the panel titled “Regional Experiences: Inclusion as a Tool to Strengthen Diverse Voices.” Moderated by Cecilia Ramírez, Executive Director of the Center for the Development of Afro-Peruvian Women (CEDEMUNEP), the dialogue included participants such as Maurício Yek’uana, Director of Hutukara Yanomami Association, who drew attention to the advance of drug trafficking in the countries bordering Yanomami indigenous lands in Brazil. “In addition to the miners we have been denouncing for years, criminal factions are arriving, and the government’s action is still insufficient to contain the invaders in the region,” stated Maurício Yek’uana. Adailton Moreira, Babalorixá Ilê Axé Omiojuarô, denounced religious racism and the State’s consent due to the lack of public policies that could curb violence against African-origin religions.

Representing the LGBTI agenda, the panel included Sandra Milena Arizabaleta, Legal Representative of the Afro-descendant Foundation for Social and Sexual Diversity (SOMOS IDENTIDAD) from Colombia, and Yader de los Ángeles Parajón Gutiérrez, an LGBT activist and member of the Mothers of April Association and the Unamos Party from Nicaragua.

“Education and political will for anti-fascism are necessary for real inclusion. Authorities must bridge the gap between activism and the government,” expressed Sandra Milena Arizabaleta.

Yader de los Ángeles Parajón concluded, “Nicaragua owes a debt to gender identity. The violence generated by the dictatorship permeates all levels and remains silent. Many activists are persecuted. In this system, they no longer live, but they survive.” The panel also featured Wendy Geraldina López Rosales, an indigenous Guatemalan member and lawyer of the Unit for the Protection of Human Rights Defenders in Guatemala (UDEFEGUA), and Cuban activist Jorge Luis García Pérez, who called for an effective alliance for the rights of their peoples.

“The Guatemalan state issues arrest warrants against indigenous peoples, criminalizing them and subjecting them to inhumane treatment. They treat us as invaders, but no one can be an invader of land that historically belongs to them,” warned Wendy López.

“I am a former political prisoner of Castro’s regime. My family is also a victim of fierce persecution because we are Black, because we are opponents. The dictatorship does not tolerate any form of faith either,” said Jorge Luis García Pérez, pointing out that religious persecution based on racial discrimination also exists in Cuba.

The last panel, “Coalition of Afro-descendants of the Americas and the 53rd Regular Session of the OAS General Assembly,” moderated by Elvia Duque, Senior Officer of the Race and Equality Program on Race and Ethnicity, provided the audience with a deeper understanding of the 53rd OAS General Assembly. It featured Paulina Corominas, Director of the Office of Civil Society of the Department of International Relations of the OAS, and Rosa Castro from the Association of Women of the Oaxaca Coast and Coordinator of the Afro-descendant Coalition of the Americas at the 53rd OAS General Assembly.

Paulina Corominas explained that there are 34 thematic coalitions formed within the 53rd OAS General Assembly, and on June 21, a dialogue would take place between OAS representatives and civil society. Rosa Castro highlighted some of the demands of the Afro-descendant Coalition of the Americas, which include a high-level meeting for the 10th anniversary of the CIRDI and an agenda that considers a fund for Afro-descendants.

Based on the diverse voices that resonated with the different realities and contexts of Afro-descendant, indigenous, and LGBTI peoples in Latin America, Race and Equality issued a call for unity in the Americas in the fight against racism and racial discrimination. With the CIRDI as the motto for an effective plan for its implementation by all OAS Member States by 2024, the alliance continues to support and empower civil society organizations to occupy these strategic spaces such as the Inter-American Forum against Discrimination.

Missed the event? Relive it through this link: fb.watch/lhnPl8jt7F/

Learn about our CIRDI 2024 campaign! https://cirdi2024.org/en/

At OAS Assembly: Race and Equality to Commemorate 10th Anniversary of CIRDI and Denounce Human Rights Violations in Cuba and Religious Persecution in Nicaragua

Washington D.C., June 14, 2023 – On the occasion of the 53rd session of the General Assembly of the Organization of American States (OAS), the International Institute on Race, Equality and Human Rights (Race and Equality) will hold three parallel events. In the first event, the organization will commemorate the tenth anniversary of the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance (CIRDI) and promote its signature, ratification and implementation. The second event will denounce human rights violations in Cuba; and the third will demand that the Nicaraguan regime cease the persecution of religious leaders and release all persons deprived of their liberty for political reasons.

The OAS General Assembly will be held June 21-23, 2023 at OAS headquarters in Washington, D.C., under the theme “strengthening a culture of democratic accountability with promotion, protection and equality of human rights in the Americas.” In this sense, the Race and Equality events aim to encourage OAS Member States to take action to combat impunity, promote inclusive and sustainable peace and a democratic transition in the region.

Inter-American Forum Against Discrimination: Tenth Anniversary of CIRDI and CIDI

Race and Equality, as part of its ongoing advocacy work on behalf of the rights of indigenous and Afro-descendant peoples, will bring together renowned representatives of the OAS and the Inter-American Commission on Human Rights (IACHR), the governments of the United States and Brazil, and civil society leaders from Latin America at the Inter-American Forum against Discrimination: “Tenth Anniversary of the Adoption of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) and the Inter-American Convention against All Forms of Discrimination and Intolerance (CIDI)” on June 20, 2023.

The Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) was approved by the OAS General Assembly on June 5, 2013, after thirteen years of advocacy by Race and Equality and other ethnic civil society organizations. This is an instrument that consolidates the commitment of States to the total eradication of these scourges; however, of the 35 member States of the OAS, only 6 States are party to CIRDI, only 7 have signed it, and 29 have not signed, ratified, or implemented it.

In this sense, the Forum will be divided into thematic panels on the historical debt and the responsibility of the States before the CIRDI and CIDI treaties, international efforts to combat racial and ethnic discrimination, and towards LGBTI+ people; as well as the participation of civil society leaders, regional experiences, and inclusion as a tool to strengthen diverse voices. Finally, there will be a dialogue on the coalition of Afro-descendants of the Americas and the 53rd regular session of the OAS General Assembly.

Cuba: At Pen Point

In order to continue denouncing the serious human rights violations in Cuba, particularly the cases of harassment against activists and human rights defenders, Race and Equality invites you on June 20 to the art exhibition “At Pen Point,” an exhibition co-organized with the platform El Toque, which brings together a selection of 20 cartoons and vignettes by Cuban artists who traverse with humor, nonchalance, and wit several transcendental socio-political events of recent years on the island.

In Cuba, as of May 31, there were 1,880 people deprived of liberty for political reasons, according to the 11J Justice working group, which has also documented that 773 people continue to be imprisoned for having participated in the peaceful protests of July 2021, the most massive in the last decade. Parallel to these human rights violations, there are already 38 cases of femicides on the island, a figure that exceeds the annual record for the year 2022. 

In this regard, the opening of “At Pen Point” will be accompanied by a discussion entitled ‘Graphic humor, art, and satire in the face of social protests and the human rights crisis in Cuba’, with the participation of the Special Rapporteur for Freedom of Expression of the IACHR, Pedro Vaca; the editor of El Toque, José Nieves; the Cuban visual artist and columnist, Camila Lobón; and the Cuban independent journalist, Orelvys Cabrera.

Nicaragua’s Crisis: A Threat to Democracy Throughout the Region

Finally, to reflect on Nicaragua’s deepening socio-political and human rights crisis and how this country is setting a standard for democratic setbacks in the region, Race and Equality – in coordination with the Legal Defense Unit (UDJ) – will hold the event “Nicaragua’s Crisis: A Threat to Democracy Throughout the Region” on June 22.

Five years after the start of the peaceful protests of April 2018, 355 murders of protesters continue in impunity, more than 47 people remain deprived of liberty for political reasons in Nicaraguan prisons, at least 2,090 people have been arbitrarily detained, more than 320 people have been stripped of their nationality, and the repression is at a stage characterized by the persecution and criminalization of the Catholic Church and restrictions on religious freedom.

Given this context, in the first part of the event, legal experts will discuss the repressive patterns against people considered opponents and against the Church; and in the second part, victims of the regime and representatives of the Inter-American Commission on Human Rights (IACHR) will discuss arbitrary imprisonment for political reasons and other reprisals against those who exercise their fundamental freedoms.

*** More information about the events ***

Inter-American Forum against Discrimination

Date: Tuesday, June 20, at 9:00 am

Venue: National Museum of African American History and Culture (NMAAHC), Washington D.C.

Live: via Zoom and Facebook Live 

On-site registration here

Simultaneous translation in Spanish, Portuguese and English. 

Cuba: At Pen Point

Date: Tuesday, June 20, at 6:30 pm

Venue: National Press Club, Washington D.C.

Live Broadcast: Zoom and Facebook Live 

On-site registration here (R.S.V.P.)

Simultaneous translation in Spanish and English. 

Nicaragua’s Crisis: A Threat to Democracy Throughout the Region

Date: Thursday, June 22, at 5:30 pm.

Venue: National Press Club, Washington D.C.

Live Broadcast: Zoom and Facebook Live 

On-site registration here (R.S.V.P.)

Simultaneous translation in Spanish and English.



31M Trans Visibility: What Happens to Trans People in the Context of Political Crises and Authoritarian Regimes?

Washington D.C., March 31, 2023 – Marking International Day of Transgender Visibility, The International Institute on Race, Equality, and Human Rights (Race and Equality) highlights and recognizes that within the region political and social crises, including authoritarian regimes generate differential impacts on vulnerable groups of people. For trans people and people of diverse genders, the impact is even greater when considering factors like socioeconomic status, race, migratory status, and age.

LGBTI+ people, and specifically trans people, systematically suffer human rights violations in different aspects of their lives. Moreover, in authoritarian regimes or in complex political and social contexts, their situation is aggravated by legislative setbacks and legal gaps, and it is therefore more difficult to guarantee respect for and compliance with international human rights obligations. In addition, the level of impunity for hate crimes are increasing and violence and discrimination are often perpetrated by public officials.

In Brazil, during Jair Bolsonaro’s administration, there was an increase in hate speech against the LGBTI+ population, which specifically affected the trans population. The rise of the extreme right, linked to conservative religious groups, strengthened the anti-trans agenda which became institutionalized and gained space in official government speeches. The anti-rights fundamentalist groups that persecute and lie about gender diversity, calling it “gender ideology,” have constructed a violent discourse which targets trans people as enemies and prevents the construction of public policies aimed at improving the human rights of this population. “In addition, they attack rights that have been conquered, such as respect for social names and a self-declared gender in public and private establishments, as well as the use of the bathroom according to your gender,” explains Gab Van, Representative of the João W. Nery Transmasculina League.

In 2022, Brazil maintained its 14th consecutive year as the top of the ranking for murders of trans people. According to the National Association of Transvestites and Transsexuals (ANTRA), 131 trans people were murdered in Brazil in 2022 (130 trans women and 1 trans masculine person). At least 76 percent of the victims were black.[1]

In Peru, the country is currently experiencing a serious institutional, political, and social crisis. After the attempted coup d’état against Congress by President Pedro Castillo in December 2022 and Dina Boluarte assuming presidency, various sectors of society are unaware of the government of Dina Boluarte and the Congress of the Republic. This has generated a series of nationwide protests causing 67 deaths, with 1,335 people injured,[2] along with arbitrary arrests, arbitrary searches, and a series of human rights violations by the government, the police, and military forces. Within this context, the situation of the trans population worsened and was relegated, not to mention the increase of impunity for hate crimes. In the first month and a half alone of this year, eight murders of trans women were reported,[3] which were classified as violent deaths. “As long as there is no gender identity law, this system will continue to oppress us because it does not recognize us as women and we cannot exercise full and responsible citizenship,” said Alejandra Fang, member of Trans Feminist Organization for the Human Rights of Trans People.

To date, there is no official record of violence and hate crimes against trans and gender-diverse people. The little information known so far is obtained through the media and trans civil society organizations who make great efforts for such documentation. Similarly, political studies, analyses, and reports on human rights violations make no reference to the situation, and the differentiated impact on the current institutional crisis, and the lives of trans and gender diverse people.

In the case of Nicaragua, the context of socio-political and human rights crises, where censorship and impunity prevail for the serious violations and abuses of human rights are perpetrated by the State and parastatal agents, there is no access to official figures on cases of violence against trans people; however,  according to testimonies gathered by the Expert Group on Human Rights on Nicaragua (GHREN), feminist leaders, women-led organizations, and groups (in all its diversity) have collectively been targets of attack.[4]

The authoritarian regime of Daniel Ortega and Rosario Murillo, held at least 4 trans women incarcerated in penitentiaries for men, denying them access to hormonal therapy and exposing them to differentiated risks based on their gender. The United Nations Working Group on Arbitrary Detention, in Opinion 12/2021, ruled on the case of a trans activist who was arbitrarily arrested on the second anniversary of the socio-political crisis, forced to be held in a men’s penitentiary and sentenced for 13 years and 2 months for “aggravated kidnapping” and “aggravated obstruction of duty.” “His status as a trans person was ignored as a form of humiliation against him,” concluded the Working Group. Finally, the activist was released in 2021, but the State never reported on the lifting of the charges against her, nor on the guarantees of reparation for the damages committed.

Similarly in Cuba, the arrest of Brenda Díaz, a 28-year-old trans woman who remains incarcerated in a male prison, reveals the serious situation faced by people with diverse gender identities on the Island. She was arrested for participating in the peaceful marches in July 2021 because, according to Cuban authorities, she “dressed as a woman to infiltrate” public demonstrations.[5] Victims face all kinds of discrimination and violence within this prison, Brenda is serving a 14-year prison sentence.

In Cuba, people with diverse gender identities can change the gender marker on official identity documents only if the applicant has undergone gender affirmation surgery, according to the database of the organization Ilga Mundo.[6] ILGA World also compiles other measures adopted by the Cuban government to protect this population, but according to trans people, they are not applied and remain a commitment on paper only. In the same way, women’s organizations affirm that a gender law against gender violence is needed to prevent gender-based violence.

In the case of Colombia, within the framework of the 2019-2020 National Strike, Colombia Diversa has documented that the majority of the victims of police violence, threats and homicides were trans women.[7] According to Caribe Afirmativo, as of 2019 most of the victims in 2020 were registered in Valle del Cauca, Antioquia, and Bogotá. In Valle del Cauca, for example, threats and repression by the police and impediments to demonstrations in public spaces were reported.[8] In addition, the Minister of Defense at the time, Diego Molano, criminalized the social leaders of LGBTI+ people in Cauca, establishing them as members of criminal organizations and offering a million-dollar reward to anyone who provided information about them.

Bicky Bohorquez, member of Somos Identidad, spoke about the importance of the personal security of trans people in demonstrations. “To promote the participation and visibility of trans people in spaces of social vindication, such as social protest, we must take into account that these must be safe spaces for us as trans people. Strategies such as listening and learning from our experiences, awareness, and education cannot be left out.”

Trans people in the region are exposed to more dangerous and vulnerable situations when their countries are in critical political and social contexts. Not only because their living conditions become more acute, but because their participation as political actors can place their physical and mental integrity at risk, especially in protest and emergency situations.

In view of these matters, Race and Equality wishes to submit recommendations to the States, many of which were presented by the IACHR in the Report on Trans and Gender Diverse Persons and their economic, social, cultural and environmental rights (2020):

  • Adopt gender identity laws that recognize the rights of trans and gender diverse people to rectify their name and sex and or gender component on their birth certificates, identity documents, and other legal documents. This is based on Advisory Opinion 24/2017 of the Inter-American Court of Human Rights (IACHR).
  • Eliminate any form of criminalization in laws and public policies, direct or indirect, of the conduct of people in the exercise of their gender identity or expression.
  • Include protections against discrimination based on gender identity in public and private spheres.
  • Develop and implement policies and programs to promote respect for the rights of trans and gender diverse people and their acceptance and social inclusion. These must be comprehensive, transversal, and based on the human rights approach, including the gender perspective.
  • Develop and implement information campaigns to raise awareness in public and private media about bodily and sexual diversity and the gender approach.
  • Promote information campaigns for trans and gender diverse people about their human rights and existing protection mechanisms.

[1] ANTRA (2022). Expediente Asesinatos y violencia contra travestis y transexuales brasileños. Disponible en https://antrabrasil.files.wordpress.com/2023/01/dossieantra2023.pdf

[2] Defensoría del Pueblo (2023) Crisis Política y Protesta Social. Reporte Diario. Disponible en https://www.defensoria.gob.pe/wp-content/uploads/2023/03/ReporteDiario2332023_17-horas.pdf

[3] Presentes (2023). Perú: Por primera vez miles de personas marcharon en Lima contra los transfemicidios. Disponible en https://agenciapresentes.org/2023/02/23/peru-por-primera-vez-miles-de-personas-marcharon-en-lima-contra-los-crimenes-de-transodio/

[4] Consejo de Derechos Humanos de las Naciones Unidas (2023). Conclusiones detalladas del Grupo de Expertos en Derechos Humanos sobre Nicaragua. Disponible en https://informenicaragua.org/wp-content/uploads/2023/03/A_HRC_52_CRP5_Spanish.pdf

[5] Race and Equality (2022). Cuatro historias de personas detenidas por reclamar cambios en Cuba. Disponible en http://oldrace.wp/es/cuba-es/cuatro-historias-de-personas-detenidas-por-reclamar-cambios-en-cuba/

[6] Ilga Mundo database: https://database.ilga.org/cuba-lgbti-es

[7] Colombia Diversa (2020). 2020, el año con la cifra más alta de violencia policial, asesinatos y amenazas contra personas LGBT. Disponible em https://colombiadiversa.org/blogs/2020-el-ano-con-la-cifra-mas-alta-de-violencia-policial-asesinatos-y-amenazas-contra-personas-lgbt/

[8]Caribe Afirmativo (2021). Violencias contra personas LGBT a 20 días de Paro Nacional. Disponible en https://caribeafirmativo.lgbt/violencias-contra-personas-lgbt-a-20-dias-de-paro-nacional/

IE SOGI and IACHR promote their mandates in the English-Speaking Caribbean

IE SOGI mandate and Rapporteur on the Rights of LGBTI persons meet with civil society organizations of the English Speaking Caribbean

From September 13-17, 2022, the mandate of the United Nations Independent Expert on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz; and the IACHR Rapporteur on the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons, Roberta Clarke, conducted a promotional visit to the English-speaking Caribbean, supported by the Eastern Caribbean Alliance (ECADE) and the Institute on Race, Equality and Human Rights (Race and Equality) and accompanied by Senior LGBTI Program Officer, Zuleika Rivera.

During their visit, the delegation met with various civil society organizations dedicated to working with LGBTI+ people and women in St. Lucia and other Caribbean States. The purpose was to promote their respective mandates and listen about the situation of LGBTI+ people in the country and the work the organizations do to combat stigmatization, discrimination, and violence.

IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of Raise your Voice St. Lucia.

SAINT LUCIA

In St. Lucia, the delegation held a dialogue on International Mechanisms and the rights of LGBTI+ persons. Victor Madrigal, the Independent Expert on SOGI, expressed the importance of holding this important exchange with civil society in the Caribbean. Commissioner Roberta Clarke, Rapporteur on the Rights of LGBTI persons, pointed out that only six Caribbean countries have ratified the American Convention on Human Rights, which is necessary to have access to the Inter-American Court. She also expressed concern over reports that violence against LGBTI+ persons may be under-investigated and characterized by impunity.

Representatives of civil society organizations also participated in the event, including Kenita Placide, Executive Director of ECADE, who highlighted the importance of civil society in the region working together to ensure that their voices are heard. Likewise, Catherine Sealy, Executive Director of Raise your Voice St. Lucia, said: “We want to help all civil society organizations and individuals, regardless of what they work towards.”

Among the most pressing issues in the country, the representatives of the organizations pointed to discrimination and violence against LGBTI+ people, impediments to access to justice, limitations to access to sexual and reproductive rights, physical and psychological violence against LGBTI+ people by their own families, loss of jobs after COVID, and unsolved murders of persons in the LGBTI community.

IACHR Rapporteur on the Rights of LGBTI Persons, Roberta Clarke; IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of United & Strong INC.

REGIONAL EVENT IN BARBADOS

The Caribbean Regional Dialogue on LGBTQI+ D.A.T.A., held for two days, consisted of regional roundtable discussions on violence and access to justice, health and the impact of COVID, economic inclusion of LGBTI+ people, education and human capital, discrimination, access to financial development and the impact of investments, poverty and access to the labor market, and tourism perspectives. It also included the participation of different representatives from civil society, governments, development institutions, regional bodies and the private sector, in order to create evidence-based policies for LGBTI+ rights.

In this regard, the Independent Expert on SOGI, Victor Madrigal addressed during his intervention for the need to collect data on sexual orientation and gender identity to dispel the myths and stereotypes that fuel violence and discrimination. “Evidence is a way to counteract the denial that there is no violence based on sexual orientation and gender identity”, said Madrigal. In her speech, Roberta Clarke, IACHR Rapporteur on the Rights of LGBTI People, applauded the judicial decisions in 4 Caribbean countries which found  criminalization of same sex intimacy  between consenting adults to be a violation of fundamental rights and freedoms. She also reflected on how LGBTI people demand and deserve intersectional justice. “Too many people in our region remain economically marginalized, too many remain excluded”, she said.

Dr. Lee Badgett, Professor of Economics at the University of Massachusetts, Amherst, stated that having numbers and data tells LGBTI+ people that they count. She also mentioned that, according to a report by Phil Crehan, a researcher on data and social inclusion, 57% of LGB people and 69% of trans people reported experiencing harassment and bullying at school, and also emphasized the unprecedented opportunity that this event represented in the Caribbean.

Race and Equality’s work has included supporting promotional visits to countries by the United Nations and IACHR mandates for the rights of LGBTI+ people. It is important to follow closely the hard work being carried out by Caribbean civil society organizations, which have achieved important advances for the decriminalization of same-sex relationships in several countries in the region. Race and Equality reaffirms its commitment to supporting their actions to guarantee the equality and dignity of LGBTI+ people and expresses its gratitude to ECADE, the OAS in St. Lucia, the IACHR, the IE SOGI and all the civil society organizations that received us and participated in all the events.

 

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