IACHR extends precautionary measures to Cuban activists Richard Adrián Zamora Brito and Irán Almaguer Labrada

IACHR extends precautionary measures to Cuban activists Richard Adrián Zamora Brito and Irán Almaguer Labrada

Washington, D.C.; September 8, 2021.- At the request of the International Institute on Race, Equality and Human Rights (Race and Equality), the Inter-American Commission on Human Rights (IACHR) has extended precautionary measures to the activists Richard Adrián Zamora Brito, a member of the Citizens’ Committee for Racial Integration (CIR, in Spanish) and Irán Almaguer Labrada, a member of the Christian Liberation Movement (MCL). The Commission made this decision after finding that both men face a serious and urgent risk of irreparable harm to their rights to life and personal integrity.

Richard Adrián Zamora Brito

In January and June 2021, the IACHR granted precautionary measures to four members of the Citizens’ Committee for Racial Integration, finding that their lives and personal integrity were at risk due to their efforts to promote human rights. This risk has increased as a result of the repression of protest and activism after the protests of July 11, affecting additional members of CIR including Richard. Race and Equality therefore requested that the precautionary measures be extended to include him, to which the IACHR agreed on August 22 via Resolution 64/2021.

Richard Adrián Zamora Brito, who records and performs as “El Radikal,” is a musician, activist, and the coordinator of CIR’s activities in the province of Matanzas. In this role, he works to protect and promote human rights in his community. As a result of his work as both an activist and artist, he has suffered serious violations of his right to freedom of expression and faced government persecution on multiple occasions.

On July 11, Richard approached a protest taking place in Matanzas with the goal of documenting the events. That evening, he returned home without issues. Early the next morning, however, he was detained at his home by State Security and National Revolutionary Police (PNR) forces. Authorities told his wife that he would be taken to the Colón Municipal Police Station to be “investigated.”

On July 14, Richard’s family approached the Matanzas Criminal Processing Center to obtain information about where and why Richard was being held. The officials there informed them that once 96 hours had passed (the maximum time period allowed under Cuban law), the charges would be stated. This time elapsed on July 15, but no information was provided. His family requested a revision of his status, which was denied, and was also prevented from viewing his case files. The only information they were given was a verbal, unofficial remark that Richard was being charged with “public disorder” and “disturbance.” After being held incommunicado for more than 40 days, Richard was finally released on a 10,000 pesos (approximately US$500) bail on August 20.

Irán Almaguer Labrada

On January 7, 2021, the IACHR granted precautionary measures to Yandier García Labrada, who had been deprived of liberty since November 2020. Yandier and his brother Irán Almaguer Labrada are both members of the Christian Liberation Movement and, as a result of their activism, have faced persecution and harassment at the hands of Cuban authorities, putting their lives and personal integrity at risk.

Irán is MCL’s coordinator for the areas of Manatí, San Andrés, and Alfonso, where he leads activities for the defense and promotion of human rights. Irán suffers from retinitis pigmentosa, which requires regular treatment to prevent his losing his eyesight. State Security forces have used this condition against him, threatening him that if he continues his activism, they will arrange to have his healthcare cut off.

In addition to these threats, Irán has suffered intimidation, arbitrary detention, and harassment due to his affiliation with the MCL. This persecution has worsened since Yandier was detained and Irán took up action to demand justice for his brother. Since January of this year, Irán has suffered at least one short-term detention every month. While he is being held, he is prevented from contacting his family, which causes great suffering and distress for his wife and 14-year-old daughter.

Irán was most recently detained on July 21, in the context of the July 11 protests. Around 9:00 am, he was arrested in his home and brought to the El Anillo police station in Holguín, around 20 kilometers from his house. There, he was held incommunicado until being released on July 23. While being detained, he was held alone in a cell and interrogated twice. His interrogators told him that he would be imprisoned if he continued with his activism and warned him not to speak publicly about the economic or social situation in Cuba, telling him that he had been heard doing so in a bakery. They finally informed him that if he continued “inciting people,” he would be prosecuted.

Based on these facts, the IACHR decided to extend precautionary measures to Irán via Resolution 68/2021.

Race and Equality calls on the State of Cuba to implement these precautionary measures by guaranteeing Richard and Irán’s fundamental rights to life, personal integrity, liberty, security, and due process. We also join the IACHR in calling on Cuba to ensure that the two men can carry on their work as activists without suffering intimidation, persecution, or threats.

Inter-American Court decision in the case of Vicky Hernández and others vs. Honduras: an unprecedented ruling for the region’s trans community

Washington ,D.C., July 1, 2021.– On June 28, 2021, as the LGBTI+ community celebrated its struggle for human rights worldwide, the Inter-American Court on Human Rights released its decision in the case Vicky Hernández and others vs. Honduras. The decision is only the Court’s fifth ruling on LGBTI+ rights and its second on the rights of trans people. The Court decided, for the first time, that the rights of trans and travesti women are protected under the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women (Convention of Belem do Para). The Court also ordered the State of Honduras to implement a law on gender identity within two years, an unprecedented reparations order for the region.

Vicky Hernández was a trans woman, sex workers, and human rights defender who was killed in 2009 during Honduras’ coup d’état. On June 28, 2009, a state of emergency was ordered amidst the unrest of the coup. According to witnesses, that day, police attempted to arrest Hernández and other women who were outside pursuing sex work. The women fled, and the next day Hernández was found dead. Her death came amidst many arbitrary detentions and homicides that accompanied fierce protests in the context of the coup.

Among the Court’s findings is that Honduras suffers from “a context of continuous violence against LGBTI people dating back at least to 1994” that worsened, particularly for trans women pursuing sex work, during the 2009 coup. The Court pointed out that the Organization of American States (OAS) has expressed concern about violence and discrimination against LGBTI+ people in the region since 2008, emphasizing that this population lacks social visibility and protection across the Americas.

The Court emphasized that even before Hernández’s death, she suffered multiple violent attacks at the hands of the police. Citing Claudia Spellmant Sosa, director of the Color Rosa Collective, it wrote that Hernández had approached the Collective multiple times to report arbitrary detentions and physical attacks. The Court held the State responsible for these abuses, for the context of unaccountable police control over public spaces during the coup, for the situation of generalized abuses against LGBTI+ people in Honduras, and for violence and discrimination by the police against trans women.

The State of Honduras accepted some responsibility, acknowledging failures in the investigation of Hernández’s death that violate its obligations under Article 8.1 (judicial guarantees) and Article 25 (legal protection) of the Inter-American Convention on Human Rights. The Court made several additional points regarding the State’s responsibility, including the unmet need to account for Hernández’s gender identity, her work as an activist, and the possible role of state agents in her death during its investigation. The Court reiterated its findings in Gutiérrez Hernández and others vs. Guatemala and Azul Rojas Marín and other vs. Perú, which discuss gender stereotypes and their impact on the actions of public officials.

Finally, the Court’s decision lays out standards on trans people’s and people of diverse gender identities’ right to a name, stating that “States must respect, and guarantee to every person the possibility of registering, changing, rectifying, or adapting, their name and other essential components of their identity such as image and reference to sex or gender, without interference from public authorities or third parties.” This decision opens the doors for more States to guarantee meaningful rights to gender identity.

Race and Equality welcomes and celebrates this ruling as a historic victory. It not only names a State as responsible in the murder of a female trans sex worker and rights defender, it also includes reparations orders that, if implemented, will mark an important advance in the recognition and protection of LGBTI+ rights in Honduras and in the rest of the region.

Race and Equality applauds the Court’s decision, especially its reparations order requiring the implementation of a gender identity law and the collection of disaggregated data on violence against LGBTI+ persons including variables of “ethnic origin, religion or beliefs, health status, age, and class or immigration or economic status.” We hope that the ruling will become a reference as civil society demands justice in cases of violence against LGBTI+ people throughout the region. We are confident that this ruling will be a tool for civil society to identify patterns of violence and discrimination against the LGBTI+ population and seek justice and reform. For states, it has great potential to advance policies and laws that advance the rights of LGBTI+ people.

Race and Equality expresses concern for imprisoned Cuban activist Yandier García Labrada and calls on Cuba to comply with the decisions of the IACHR

Washington, D.C.; May 26, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality) expresses our serious concern at the situation of Yandier Garcia Labrada, a Cuban activist and member of the Christian Liberation Movement (MCL) who has been held in “El Típico” prison for nearly eight months without any charges being presented against him.

Yandier Garcia Labrada was detained on October 6, 2020, after protesting against problems with the distribution of food in Manatí, Las Tunas. After being detained, he was held incommunicado for approximately a month, during which time he suffered beatings at the hands of security forces which left him with an immobilized arm. He has still not received any medical attention, despite this injury and his severe asthma.

Recognizing the serious risks that Yandier faces in custody, the Inter-American Commission on Human Rights (IACHR) granted him precautionary measures on January 7, 2021. These measures require the State of Cuba to protect his life and personal integrity, particularly by guaranteeing that he is held in conditions compliant with international standards on the rights of people deprived of liberty. The Commission also called on the Cuban government to adopt these measures in consultation with Yandier and his family and to report on the actions taken to comply with the decision.

The government, however, has not adopted any measures to implement the ruling. Yandier’s situation has only worsened, including through the denial of family visits supposedly due to pandemic-related restrictions. His phone calls are also limited: in the last five months, he has only been permitted one phone call with his family in March 2021. Since then, his family has lost all contact with him and are greatly concerned for his well-being, knowing the poor conditions of Cuban prisons and the risks he faces due to his asthma. Yandier also suffers constant abuse and intimidation at the hands of security forces. The criminal case against him remains open, despite the fact that no charges have been presented and he has not been granted a trial.

Race and Equality calls upon the State of Cuba to adopt all necessary measures to comply with IACHR Resolution 5/2021 and preserve Yandier’s fundamental rights to life, liberty, and personal integrity. We also demand that the State respect the right of all Cubans deprived of liberty, including Yandier, to remain in communication with their loved ones and legal representatives.

Race and Equality Calls On The Colombian Government To Cease Repression Against Citizens Peacefully Protesting And To Comply With Its International Human Rights Obligations

Bogota, Colombia. May 4, 2021 – The International Institute on Race, Equality and Human Rights (Race and Equality) expresses grave concern at the human rights violations resulting from the Colombian government’s response to demonstrations carried out in various parts of the country, beginning April 28 and continuing to this day.

The NGO Temblores has recorded 1,181 incidents of human rights violations between April 28 and May 3 linked to the use of force by the police, in particular by agents of the anti-riot police (Escuadrón Móvil Antidisturbios, ESMAD) who have been deployed by the national government in numerous cities across the country. Among these incidents, 26 homicides have been committed at the hands of public security forces along with 988 reported arbitrary detentions, documented by the Defending Liberty is a Matter for All campaign (Defender la Libertad: Asunto de Tod@s). Additionally, numerous instances of sexual violence, ocular injuries, and forced disappearances have been reported in the context of the protests.

We also strongly denounce attacks against a verification mission composed of various community organizations, officials of the United Nations High Commissioner for Human Rights (UN OHCHR), and the Attorney General’s office on the night of May 3 in the city of Cali. According to a communication issued by the Defending Liberty is a Matter for All campaign (Defender la Libertad: Asunto de Tod@s), the attack took place at around 8:40pm as the mission was arriving at the Fray Damián Police Station to carry out a checkpoint. As they proceeded, some officials abused them verbally and physically while firing their weapons.

Use of disproportionate police force worsens the situation

We are deeply concerned at the State’s decision to deploy anti-riot police (ESMAD) in the main cities (Bogota, Cali, Medellin, Neiva, Ibague, Barranquilla, Bucaramanga, Cartagena, Acacias, and others), where the highest number of human rights violations have been reported, thus discarding the possibility of peaceful and negotiated dialogue with civil society. This reckless response presents a threat to the safety and security of the protesters. We denounce all acts of aggression and the use of violence by the National Police against human rights defenders and condemn the incidents that took place the night of May 3 against the human rights verification mission.

According to parameters set by the Inter-American Court of Human Rights on the use of excessive force in the context of social protests “(…) preserving domestic law and order and citizen security primarily corresponds to civilian police forces.” The Court has also reiterated that armed forces may be involved in law-and-order tasks in exceptional circumstances, so long as their involvement remains “(a) extraordinary – so that all interventions are justified, exceptional, temporary and restricted to what is strictly necessary given the circumstances of the case; (b) subordinate and complementary – to the work of civil forces, without their labor extending into the own institutions of law enforcement, judicial or ministerial police; (c) adequately regulated – by way of legal mechanisms and protocols on the use of force, under the principles of exceptionality, proportionality and absolute necessity, and according to the respective training on the subject; and (d) supervised by competent civil bodies that are independent and technically capable.”[1]

According to the Inter-American Commission on Human Rights (IACHR), “it is essential that there be a clear and specific separation between domestic security, which is the role of the police force, and national defense, which is the role of the armed forces. These two institutions are fundamentally different in terms of both the purposes for which they were created and the training that their members receive. The history of the Americas has shown that intervention by the armed forces in domestic security matters usually goes hand-in-hand with human rights violations and violence. Experience thus advises against armed forces intervening in domestic security matters as this entails the risk of human rights violations.”[2]

Considering the above, and amidst the current situation gripping Colombia, Race and Equality calls on the Colombian government to put a stop to the repression of protests, reminding the government – on the basis of their obligations to regional and international standards on domestic security – that the use of armed forces in domestic security matters must only be in exceptional instances and, when used, be extraordinary, subordinate, complementary, adequately regulated, and supervised.

Race and Equality emphasizes the urgent need to open a space for national dialogue with all actors involved, and calls on the Colombian state and the international human rights community to:

  1. Adopt all mechanisms for monitoring compliance with international human rights standards on the right to protest peacefully, by way of local institutions, civil society, and international human rights bodies and organizations.
  2. Provide guarantees and protection for exercising the defense of human rights, including civil society’s efforts to support and monitor peaceful protest.
  3. Carry out all necessary investigations on episodes of abuse and violence by police and state security forces in the context of the protests.
  4. In the case of the IACHR, the UN Treaty Bodies and Special Procedures Mandates, and other international human rights bodies – to denounce the situation in Colombia and strengthen their monitoring mechanisms; and to accelerate actions to push the Colombian government to comply with its obligations to observe international standards on guaranteeing peaceful protests, with the support from human rights organizations working in Colombia.

[1] I/A Court H.R., Case of Alvarado Espinoza et al. v. México. Merits, Reparations and Costs. Judgment of November 28, 2018. Series C No. 370., p. 177. (Spanish Only)

[2] IACHR. Press Release. Preliminary Observations and Recommendations Following Historic On-Site Visit to Monitor the Human Rights Situation in Venezuela. May 8, 2020. Background.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

IACHR begins formal process to determine the State of Cuba’s responsibility for human rights violations against activists

Washington, D.C. – April 8, 2021.- The Inter-American Commission on Human Rights (IACHR) has agreed to process a petition presented by the International Institute on Race, Equality and Human Rights (Race and Equality). In the petition, Race and Equality requested that the Commission find the State of Cuba responsible for human rights violations including arbitrary detention, unjust imprisonment, and torture against members of the Patriotic Union of Cuba (UNPACU) between October 2019 and April 2020.

The petition lists José Daniel Ferrer García (UNPACU’s founder and leader), Fernando González Vaillant, Roilan Zarraga Ferrer, and José Pupo Chaveco as victims, documenting that the four men were detained without an arrest warrant on October 1st, 2019, in violation of both Cuban law and Cuba’s international human rights commitments.[1]

Race and Equality has requested that the IACHR declare the State of Cuba responsible for violations of the men’s rights to freedom, security, personal integrity, freedom of expression, protection of personal reputation and honor, familial protection, health, protection from arbitrary detention, and due process, all of which are guaranteed in the American Declaration on the Rights and Duties of Man. Race and Equality also requested that the IACHR officially establish a legal category of “political prisoner” to characterize the four victim’s situations. The Commission transmitted the petition to the State of Cuba, requesting the State’s observations and response within a period of three months (beginning March 15th of this year).

With the petition now in processing, the Commission will receive arguments from both Race and Equality and the State regarding the admissibility of the case under the Commission’s rules of procedure. Should the case be found admissible, the Commission will investigate the facts of the case to determine whether the State is responsible for human rights violations and, if so, what recommendations will be given to the State to ensure justice.

Continuous violence against UNPACU

After being detained on October 1st, 2019, the four UNPACU members were placed in pre-trial detention, where they suffered inhumane prison conditions for six months and two days before being released to parole or house arrest on April 3rd, 2020. During their time in prison, they experienced cruel treatment, were often prevented from communicating with the outside world, and suffered violations of their personal integrity.

These violations are only some examples of the constant repression that UNPACU suffers at the hands of the Cuban government, which works ceaselessly to prevent the organization from carrying out its mission of defending human rights and promoting democracy.

Led by José Daniel Ferrer, dozens of UNPACU members have been on hunger strike since March 20th to protest a police cordon that has surrounded UNPACU’s offices for over three weeks. During this standoff, police have arbitrarily arrested several UNPACU members and members of Ferrer’s family.

On April 7th, the Secretariat of the Organization of American States (OAS) announced that the organization is on “high alert” regarding the health and well-being of the hunger strikers. The OAS also condemned the Cuban government for carrying its repression of UNPACU to such extremes. IACHR Commissioner Stuardo Ralón, the Commission’s Rapporteur on Cuba, also expressed his solidarity with the strikers, calling on the State to comply with its human rights obligations and avoid “risking the life and integrity of the people, who are already suffering a visible physical deterioration.”

Race and Equality calls on the Cuban government to end its repression of UNPACU and its members and to heed the demands of independent civil society as it calls for democracy and respect for human rights in Cuba.

[1] Race and Equality included José Pupo Chaveco as one of the victims in the original petition submitted in 2020. Since then, Mr. Chaveco has left UNPACU and is no longer in communication with the organization or with Race and Equality. He is no longer represented by Race and Equality.

Public Hearing on Political Violence in Brazil: Black Parliamentarians (cis and trans) urge the IACHR for Protection and Denounce the Negligence of the Brazilian State

Brazil, april 06, 2021 – In a hearing exclusively dedicated to denouncing the absence of political rights in Brazil, black councilors (cis and trans) and civil society organizations presented before the Inter-American Commission on Human Rights (IACHR). The presentation consisted of the current scene of violations of civil and political rights that afflict the security of several parliamentarians in the country. The hearing took place on March 23, in the context of the 179th calendar of virtual hearings of the IACHR, it was filed by the organizations: The National Association of Travestis and Transexuals of Brazil (ANTRA); Criola; Terra de Direitos; Marielle Franco Institute; Justiça Global, Rede Nacional de Negras e Negros LGBT, and The Institute of Race and Equality.

The following participated in the hearing: Erika Hilton (PSOL/SP); Ana Lúcia Martins (PT/SC) and Carolina Iara (PSOL/SP); representatives of civil society organizations included: Anielle Franco, Executive Director of the Marielle Franco Institute; and Bruna Benevides, Secretary of Political Articulation at ANTRA. Despite the discriminatory historical context that structures the Brazilian political scene, progress in relation to identity, anti-racist and anti-LGBTIphobic issues promoted the growth of parliamentary representation in the country’s legislative houses, provoking the existing system of hierarchical powers. However, the reactions of conservatives in political and social sectors, based on a culture of hatred, further foment the phenomenon of political and electoral violence in the country.

Given this framework of systemic persecution, Anielle Franco opened the debate denouncing how political violence is used as a tool to deprive black and trans women from exercising their political rights, which as a result prevents discussions on gender, race, and sexuality inequalities from taking place in political and institutional spaces. Moreover, Anielle exposed data on political violence during the 2020 elections, one of the most violent elections in recent years, which proves the escalation of political tension against black and trans parliamentarians in the country.

According to a survey by the Marielle Franco Institute [1], 98.5% of black candidates reported having suffered at least one type of political violence. The main violence was virtual, representing 80% of the total attacks suffered. In addition, only 32% of the candidates denounced the experiences they suffered, and among the reasons for not making the complaint public is the fact that they do not feel safe or are afraid to report the violence. In addition to not having support from the political party nor the police, among those who condemned the attacks, 70% said that it did not bring more security,

“There is an urgent need to promote mechanisms to tackle all forms of violence against black, transgender and travestis women, and to reorient existing policies in Brazil that today are still insufficient to guarantee their protection and their political rights,” Anielle concluded.

Parliamentary member, Ana Lúcia Martins, reported that sought protection through legal means, in addition to denouncing the threats on social network platforms, she did not receive any assistance or security from the state nor from her party. She had to bear the costs for her defense. Faced with negligence from the institutions, Ana Lúcia reported that almost nothing happened regarding the investigation of death threats and racist violations suffered. She continues to be a victim of political violence on social networks with messages that incite hatred and intolerance.

Ana Lúcia spoke before the IACHR, “We know that the State’s omission has an origin, the same that ignores the daily death of the black population of this country, whether by urban violence, lack of public policies to eliminate inequalities, racism that structure these inequalities, or by the hands of the State itself (…) Anielle Franco’s question has not yet been answered: Who guarantees the safety of black women elected?”

 Co-councilwoman Carolina Iara, who suffered an attack in her home in January of this year, was direct in her questioning: “What is the connection between these threats towards trans parliamentarians and to the 175 trans women and travestis murdered in Brazil in 2020? What is the connection between Brazil’s high number of deaths of human rights defenders and the threats we are suffering? Who’s going to restore the trauma I have now? What kind of country is this where in addition to being silent, the president, in numerous statements, encourages LGBTIphobia?”

Alluding to the memory of Marielle Franco, Carolina pointed out that she will not be a martyr of this systemic violence that finds black and trans bodies in a necropolitical framework, further trivializing death in the country. Thus, she reiterated that the Brazilian State has an obligation to ensure that all black and trans leaders live safely to take part in politics. Additionally, the responsibility of their security cannot be exclusively left to civil society or the party.

In her speech, Councilwoman Erika Hilton denounced the persecution of human rights defenders and the women elected as an attempt at silence. As councilwoman she recalled a threatening experience of an attempted break-in to her office, as well as the university where she studied the walls were vandalized, “with spray-painted expressions: woman, black, elected, dead. I started my mandate having to prosecute more than 50 people for racist and transphobic attacks. How can I carry out political functions without being guaranteed physical integrity?” she questioned.

With the task of reporting the recommendations to the IACHR, Bruna Benevides further exposed the situation of political violence, especially the negligence of the Ministry of Women, Family and Human Rights, which made no statement, action or mobilization around political violence against cis and trans black women. As an example, Bruna cited the bill [2] that aims to protect victims of political violence, but through the transphobic movement of parliamentarians aligned with the fallacious narrative of “gender ideology,” it prevented the extension of protection to trans and travestis parliamentarians.

Bruna reported, “We have also observed several attempts to institutionalize transphobia by assigning biological criteria for access to and guarantee of fundamental rights, denying the right to the recognition of self-declaration and gender identity of trans people in various projects at the federal, state and municipal level. This disregard is corroborated by the negligence and omission of the State in recognizing these political acts of violence, especially against those who do not make up the government base and who are the most affected by political violence.”

Brazilian State representatives sought to escape the complaints with insufficient responses to the demands requested during the hearing, reaffirming a negationist position in relation to racial, transphobic, and political violence that harm political rights and the lives of parliamentarians. Through evasive arguments, representatives avoided and minimized the phenomenon of political violence in the country, attributing the facts to a world context.

In reference to the complaints, the IACHR Commissioners requested explanations from the State. Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and against Racial Discrimination and Rapporteur on the Rights of Women, argued how the Brazilian State monitors cases of violence in the country, moreover she criticized the implementation in law of the Inter-American Convention against Racism, which was already approved by the Federal Senate.

In addition, Joel Hernández, Rapporteur for Brazil, concluded the hearing by emphasizing the importance of advancing women’s political rights and highlighting the State’s rejection in hearing allegations concerning political violence. In addition, Hernández stressed the necessity in observing the ways that virtual harassment operates in order to understand the exercise of political rights in Brazil.

In accordance with complaints cited during the hearing and aimed at guaranteeing the rights and protection of women who are part of the political body of the country, the following recommendations were delivered to the IACHR:

  • Instigate the Brazilian State to be in development with the legislative chambers, as well as in dialogue with the city council members and organs of the justice system. Create mechanisms for referrals and prompt treatment of allegations of political violence against black women- cis and trans/travestis, ensuring identification and accountability of perpetrators of violence and providing psychological support to victims, their advisors and family members;
  • Urge the Brazilian State to promote coordinated and integrated actions with specialized cyber-crime investigation police departments to hold perpetrators accountable and inhibit the use of online tools and platforms for attacks of political violence, in particular when driven by mass and deliberately sponsored professional structures;
  • Prompt the Brazilian State to guarantee the training of judiciary members, the Public Prosecutor’s Office, the Public Defender’s Office, the Law Office, and the civil and federal police to increase their awareness of political violence against black women, trans and travestis, racial and gender discrimination, hate speech, and create anti-racist legislation, victims’ rights, redress measures, among other topics;
  • Promote public hearings, debates and inter-sectoral discussions between public bodies and society on the impacts of political violence motivated by transphobia and issues related to the trans population;
  • Urge the Brazilian State to advance in its adoption of specific legislation on political violence against women with actions that include preventing, restraining and punishing this type of violence, with a specific look at black women, travestis and transexual peoples;
  • Carry out political tasks by listening to social movements and local civil society organizations to learn more about the current context of violations of the rights of black women, transexuals and travestis who are candidates and elected human rights defenders, with worsening situations of conflict. As well as present the perspectives of international standards that can contribute to the improvement of national protection policies;
  • Place pressure on the Brazilian State to expand the structure and budget of the program for the Protection of Human Rights Defenders under the Ministry of Women, Family and Human Rights, and the inclusion of candidates and parliamentarians in this program, in order to ensure the protection of human rights defenders and their free exercise of political rights;

 

Missed the public hearing? Watch the full video here: youtu.be/Uu-U3OIoh2I

[1] https://www.violenciapolitica.org/

[2]https://g1.globo.com/politica/noticia/2020/12/10/camara-aprova-lei-com-medidas-de-combate-a-violencia-politica-contra-mulheres.ghtml

Cuba: IACHR grants precautionary measures to Maria Matienzo Puerto, an independent journalist, and Kirenia Núñez Perez, a human rights defender

Washington, D.C. March 23, 2021.- The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures in favor of Cuban independent journalist/writer Maria Matienzo Puerto and human rights activist Kirenia Núñez Perez, after considering them to be in a serious and urgent situation, given that their right to life and personal integrity are at risk of irreparable harm.

According to Resolution 21/2021, the IACHR determined that the couple has been at risk due to threats, harassment, intimidation and aggression, along with defamatory messages over the course of approximately seven years. The Commission also noted that it requested information from the State on June 18, 2020 and, to date, it has not received any response.

In analyzing the risk, urgency and irreparability of the situation, the IACHR noted with concern one such defamatory message aimed at Ms. Núñez Perez to “control” her partner, Ms. Matienzo Puerto. According to the Commission, this message exemplifies the existence of a gender prejudice towards the work that women human rights defenders carry out, and it generates a situation of “elevated” risk towards prejudices associated with “the role that they (women) must play in society.”

In analyzing the facts, the IACHR requested that the Cuban state: a) adopt the necessary measures to protect the rights to life and personal integrity of both Matienzo Puerto and Nuñez Perez; b) adopt the necessary measures so that the beneficiaries can carry out their activities as independent journalist and human rights defender, respectively, without being subjected to acts of violence, threats, intimidation and harassment when carrying out their work; c) agree on the measures to be adopted with the beneficiaries and their representatives; and d) report on the measures taken to investigate the alleged actions that led to the adoption of these precautionary measures, and thus avoiding their repetition.

Intimidation and persecution

Ms. Matienzo Puerto and Ms. Nuñez Perez – who as a couple share the same residence – are victims of continuous intimidation and persecution at the hands of State agents, as well as civilians who identify as siding with the government. This situation also translates into online abuse on social media.

The most recent repressive act against Ms. Matienzo Puerto (not included in the IACHR resolution) took place on March 12, when officials without identification intercepted her as she was leaving her home. She was forced to get into a vehicle and was kept in custody at a police station for several hours, without anyone knowing her whereabouts. At the police station, officials interrogated and threatened her for her work as an independent journalist, and for having contact or being friends with other independent activists.

Race and Equality calls on the Cuban State to adopt the necessary measures to safeguard the life and integrity of Maria Matienzo Puerto and Kirenia Núñez Perez, in accordance with its human rights obligations and as a member of the Inter-American Human Rights System. We also call on the authorities to guarantee and respect the work of independent journalists and human rights defenders on the Island.

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

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

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

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

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

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

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

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

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

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

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

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

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

Race and Equality joins UN Special Rapporteur in calling on Cuba to end the intimidation and detention of Citizens’ Committee for Racial Integration (CIR) members

Washington, D.C.; March 11, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality) welcomes the comments of Mary Lawlor, UN Special Rapporteur on the Situation of Human Rights Defenders, calling on the Cuban government to end its program of intimidation and detentions against members of the Citizens’ Committee for Racial Integration (CIR).

“The recurrent arrests of human rights defenders on the island, the lack of access to legal representation while they are detained and the surveillance exercised by agents of the Department of State Security is contrary to international law and must cease,” said Lawlor, pointing out that CIR has suffered such abuses since 2017. She also noted that the Cuban government has prevented CIR’s members from traveling to international human rights-related events without explanation or justification.

Lawlor reported that Cuban human rights defenders are the victims of attacks and “suffer limitations to their freedom of movement due to what appears to be an intelligence network that begins with the misuse of criminal law and ends with harassment by the authorities.” She added that human rights defenders “must not be subjected to reprisals because of their legitimate work to help create a civil and just society.”

The Special Rapporteur’s comments were endorsed by five members of the UN Expert Working Group on Persons of African Descent, including Working Group president Dominique Day, and by the Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association, Clément Nyaletsossi Voule.

Afro-Cuban activists under attack

Race and Equality welcomes the Special Rapporteur’s comments, which come at a time when the Cuban government is intensifying its persecution and criminalization of independent civil society figures, including members of CIR. In retaliation for their work on racial justice, CIR’s members have suffered repression at the hands of Cuban authorities and defamation by government-linked figures.

In a recent interview on the television program Cubavision International, the vice president of the Cuban Union of Writers and Artists (UNEAC) and president of the Aponte Commission (UNEAC’s commission on issues of race and racism) Pedro de la Hoz attacked CIR and the independent organization Cofradía de la Negritud (Black Brotherhood/Sisterhood), calling them “disgusting” and “mercenaries” for their efforts to use UN and Inter-American mechanisms to denounce human rights violations and racial discrimination in Cuba.

Race and Equality notes that Juan Antonio Madrazo Luna, CIR’s national coordinator, was detained arbitrarily on November 12, 2020 after Department of State Security agents raided his house in Havana and confiscated belongings from him and his sister. Marthadela Tamayo González and Osvaldo Navarro Veloz, both CIR members, were detained on November 22, 2020 during a protest in Havana’s Central Park.

Race and Equality rejects any discourse that stigmatizes the work of human rights defenders and exposes them to retaliation at the hands of authorities or pro-government actors. We demand that the Cuban State respect independent civil society’s rights to freedom of expression and association, reminding the State that Juan Antonio Madrazo Luna, Marthadela Tamayo González, and Osvaldo Navarro Veloz are all beneficiaries of precautionary measures granted by the Inter-American Commission on Human Rights (IACHR).

As International Day for the Elimination of Racial Discrimination (March 21st) approaches, we call on the Cuban authorities to guarantee full protection for the rights of Afro-Cubans, in line with Cuba’s international human rights commitments.

Photo: CIR members Marthadela Tamayo and Juan Antonio Madrazo (center) participate in a hearing at the Inter-American Commission on Human Rights in March 2017 (IACHR/Flickr)

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