Nicaraguan civil society and international experts call for a new Human Rights Council resolution to address the crisis in Nicaragua

Nicaraguan civil society and international experts call for a new Human Rights Council resolution to address the crisis in Nicaragua

Washington, D.C., February 18th, 2021.– As the United Nations Human Rights Council prepares to open its 46th period of sessions, representatives of Nicaraguan civil society, including victims of human rights violations, joined international experts from the UN and the Inter-American Commission on Human Rights (IACHR) to urge the Council to approve a resolution strengthening High Commissioner Michelle Bachelet’s mandate to monitor Nicaragua’s human rights crisis.

The event “The role of the United Nations Human Rights Council in the face of the continuing human rights crisis in Nicaragua” included the participation of Thelma Montenegro, family member of two political prisoners and four people killed in the context of the repression unleashed by the social protests of April 2018; Lottie Cunningham, founder and president of the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN); Aníbal Toruño, director of Radio Darío and victim of constant police raids on his home and radio headquarters; Clément Voule, Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association of the United Nations, and Pedro Vaca, Rapporteur for Freedom of Expression of the IACHR. The moderator was Erika Guevara, Director for the Americas of Amnesty International.

Context

UN High Commissioner for Human Rights Michelle Bachelet will present her report on the human rights situation in Nicaragua during the upcoming session of the Human Rights Council (February 22-March 23). Twelve Nicaraguan and regional organizations, among them the International Institute on Race, Equality and Human Rights (Race and Equality), organized the virtual panel event to update attendees on the ongoing human rights violations in Nicaragua and to emphasize the importance of renewing and strengthening the High Commissioner’s mandate.

The Montenegro Family

Thelma Montenegro took part in the panel to expose the persecution, criminalization, and violence that her family has suffered for participating in the protests of April 2018. “Our participation unleashed hate, persecution, and cruelty on the part of the government’s supporters,” she said, revealing that since the protests, four of her family members have been killed, among them her two brothers Oliver and Edgar Montenegro and her husband Francisco Blandón.

Ms. Montenegro also shared that two of her nephews remain in prison as a consequence of their beliefs. Oliver Montenegro Muñoz, who was detained on June 21, 2020, was sentenced to 10 years in prison for the supposed crime of attempted homicide. Dorling Montenegro Muñoz, detained November 30, 2020, is charged with obstruction of justice, illegal possession of weapons, and attempted murder.

“We ask for monitoring and decisive action towards our country…We are in an election year, and now is the moment of opportunity to change our history, so that all this suffering does not repeat itself,” she stated.

Violence and vulnerability in the Northern Caribbean

In her presentation, human rights defender Lottie Cunningham stated that Nicaragua’s closing civic spaces and weakening democratic protections are causing displacement and systematic violence against indigenous peoples and those who defend their rights. In 2020, she stated, 13 indigenous Nicaraguans were killed, 8 were wounded, 2 were kidnapped, and at least one community was displaced from their territory. Since 2011, 49 indigenous people have been killed, 52 injured, 46 kidnapped, and 4 disappeared.

“As a result of this violence, it is estimated that 3,000 individuals from the Miskitu people alone have been forcibly displaced from their communities, including in the Honduran border region,” Ms. Cunningham explained, reporting that this violence is usually carried out by non-state actors with the consent or complicity of the state and that the perpetrators enjoy total impunity.

Cunningham also expressed her concern at the approval of the Law to Regulate Foreign Agents and the Law on Cybercrime, which she labeled as “repressive against the effort to defend indigenous rights.” She recounted how the Ministry of the Interior has refused to accept CEJUDHCAN’s registration as a non-governmental organization and how pro-government actors frequently slander the organization’s members as spreaders of ‘fake news.’

“We call on the international community and exhort the Human Rights Council to approve a resolution on Nicaragua that accounts for the needs of indigenous and Afro-descendant peoples,” she emphasized.

Attacks on the independent press

Aníbal Toruño, director of Radio Darío in the city of León and a beneficiary of protective measures granted by the IACHR, discussed the prosecution of at least three journalists, the confiscation of the offices of independent outlets Confidencial and 100% News since April 2018, and other government efforts to repress independent journalism.

Mr. Toruño explained that pressure from the government of President Daniel Ortega has caused the closure of over 20 news outlets and at least 10 news and opinion programs. Furthermore, of the 13 free-to-air television channels that once broadcasted in Nicaragua, only two remain. One of these, Channel 12, has been under embargo since September 2020.

Toruño himself has suffered 125 police actions against Radio Darío and 32 against his home. His home was raided by police, violently and without a court order, three times between January 4 and February 4 of this year.

International concern

Both UN Special Rapporteur on the Right to Peaceful Assembly and Association Clément Voule and IACHR Rapporteur on Freedom of Expression Pedro Vaca expressed great concern at the situation in Nicaragua, agreeing that the recent passage of laws to restrict civil and political rights, including by imprisoning those who broadcast information that the government considers threatening, has worsened the outlook for human rights in the country.

Mr. Voule expressed that “We have concerns, including the use of arbitrary force against those who go out to the street to protest, criminalization and attacks against political opponents, and attacks on the press,” reminding the audience that he has made several requests for an official visit to Nicaragua since 2018, but has received no answer. “Also concerning is the lack of information or false information used against victims-including women, LGBTI people, or environmentalists-who are accused of being terrorists or drug traffickers.”

Mr. Vaca concluded that Nicaragua has unleashed a sophisticated program of censorship and that the National Assembly’s legislative initiatives appear to be focused on eroding the rule of law. He observed that Nicaragua is suffering a “dismantling of the social fabric” and that there is a risk of losing key information about human rights violations. “Nicaragua is fearful, and we are listening. This is part of what can hopefully be included in our ongoing analysis,” he concluded.

 Calls for a new resolution at the Human Rights Council

Amnesty International’s Americas Director, Erika Guevara, insisted that Nicaragua’s human rights crisis is ongoing and that with the government refusing to cooperate with the regional and international human rights protection systems, action by the Human Rights Council and the Office of the High Commissioner for Human Rights is critical.

Speaking for all the co-sponsors of the event, Ms. Guevara called on the Council’s member states to adopt a strong resolution renewing the High Commissioner’s mandate to address the Nicaraguan situation. She emphasized that such a resolution should establish clear criteria to judge Nicaragua’s cooperation, sending a message to victims, human rights defenders, and independent journalists that the international community is committed to truth, justice, and reparations for the abuses of their rights.

Cuba: In response to Race and Equality’s request, IACHR grants precautionary measures to three members of the Citizens’ Committee for Racial Integration

Washington, D.C., January 22, 2021.– The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures to Juan Antonio Madrazo Luna, Marthadela Tamayo González, and Osvaldo Navarro Veloz, three human rights defenders who are members of the Citizens’ Committee for Racial Integration (CIR, by its Spanish initials) in Cuba, having found that they face a situation of grave and imminent risk of irreparable damage to their human rights.

In its decision, the IACHR called upon the State of Cuba to adopt the necessary measures to guarantee the three activists’ rights to life, to personal integrity, to freedom of expression, and to carry out their work as human rights defenders without suffering violence or intimidation. These measures should be agreed upon in consultation with the beneficiaries.

The International Institute on Race, Equality and Human Rights (Race and Equality) filed the request for these precautionary measures in response to the threats, harassment, surveillance, detentions, and violent attacks that the CIR has documented against Juan Antonio, Marthadela, Osvaldo, and other CIR members. In granting the precautionary measures, the IACHR called upon Cuba to report how it plans to investigate these incidents within fifteen days.

Persecution against the CIR

The culmination of the persecution facing the CIR was the arbitrary detention of Juan Antonio Madrazo Luna, its National Coordinator, on November 12, 2020. Agents of Cuba’s State Security forces raided his house in Havana and confiscated both personal and work-related materials from him and his sister. Juan Antonio was then detained and held incommunicado for over 18 hours.

Marthadela Tamayo González and Osvaldo Navarro Veloz have also suffered multiple incidents of repression, including being detained on November 22nd, 2020 during a peaceful protest in Havana’s Central Park. The protest was called to demand the release of Denis Solís, a musician and member of the San Isidro Movement who is being held as a political prisoner. Before being detained, the two were physically attacked by a pro-government group of civilians who disrupted the protest.

Race and Equality hopes that the State of Cuba will fulfill its international human rights treaty obligations by responding to the Commission’s requests and guaranteeing the safety of Juan Antonio, Marthadela, and Osvaldo. We also hope that the State will allow them to carry out their vital work as human rights defenders without suffering persecution, threats, or violence at the hands of police, State Security, or pro-government civilian groups.

IACHR Thematic Hearing: Nicaraguan Civil Society Exposes the Situation of 110 Political Prisoners

Washington, D.C.; December 10, 2020. At a hearing held today during the 178th Period of Sessions of the Inter-American Commission on Human Rights (IACHR), Nicaraguan human rights defenders presented evidence of serious rights violations against 110 people who are imprisoned for political reasons.

Ana Bolaños, Legal Program Officer at Race and Equality; Juanita Jiménez of the Autonomous Women’s Movement (MAM); Rosario Flores from the Meso-American Human Rights Defenders Initiative (IM-Defensoras) and Georgina Ruiz of the Nicaraguan Center for Human Rights (CENIDH) gave testimony during the hearing along with Elton Ortega and Alexandra Salazar from the Legal Defense Unit of Nicaragua (UDJ). These organizations collaborated to solicit a hearing on the topic of political prisoners.

The participants emphasized that of these 110 political prisoners, imprisoned for their roles in the protests of April 2018, 14 are held in maximum-security settings or isolation cells. Even those in less severe settings have reported deficient healthcare, insufficient food, and a lack of potable water in prison. They also suffer discriminatory treatment from prison officials, the denial of visits and phone calls, threats, beatings, and torture.

The participants laid out that the arrests and judicial processes against these victims have been marked by blatant violations of their rights and judicial guarantees. The Nicaraguan police, Public Ministry, judicial branch, and penitential system have coordinated to persecute the victims as part of the current government’s campaign to repress its political opponents.

The organizations also highlighted serious threats to individual liberties and to the Independence of the justice system posed by three recent laws: the Law on Foreign Agents, the Cybercrimes Law, and the constitutional reform establishing life in prison as a possible criminal sentence. These three efforts are all aimed at criminalizing civil society organizations, independent media, and other sources of opposition.

To address this deterioration of human rights, the participants asked the IACHR to call on the State of Nicaragua to release the prisoners immediately, end the ongoing arbitrary detentions and harassment of the prisoners’ family members, and investigate the reports of cruel, inhumane, and degrading treatment including torture.

They also called upon the State directly to release information about the status of the COVID-19 pandemic in prisons and efforts to attend to prisoners’ health. The participants insisted that Nicaragua allow the IACHR, the IACHR’s Special Monitoring Mechanism for Nicaragua (MESENI), and the Office of the UN High Commissioner for Human Rights to return to the country.

The IACHR’s reaction

Despite being invited to take part in the haring by the IACHR, the State of Nicaragua did not send a representative. Commissioner Stuardo Ralón lamented this absence and opined that it “indicates an attitude of total denial of international obligations,” noting that governments have a responsibility to respond to their citizens’ demands for truth and justice.

Commissioner Esmeralda Arosemena stated that the IACHR remains willing to work with the State, calling on Nicaragua to work with the Commission. Commissioner Arosemena reflected that the civil society representatives had, throughout their testimonies, described the State’s actions as “violent, perverse, repressive, cruel, inhumane, illegal, stigmatizing, criminalizing” and emphasized the need to find concrete solutions to improve the State’s conduct.

The IACHR Commissioners and Rapporteurs all stressed the value of Nicaraguan civil society’s contributions, highlighting the role of civil society in providing legal defense to political prisoners, accompanying their families, and documenting human rights violations.

“I want to urge all who can to continue this fight, and to recognize the valuable information that you’ve given us. We are determined to use all our tools to make the culture of human rights a reality in Nicaragua,” said Commissioner Ralón.

Commissioner Antonia Urrejola, First Vice-President of the IACHR and the rapporteur for Nicaragua, referenced a recent IACHR report concluding that 1,614 people had been arbitrarily deprived of liberty for taking part in the protest movement that began in April 2018. She also acknowledged that this figure is likely an under-counting and urged the petitioners to continue their work documenting violations.

Commissioner Urrejola also expression the Commission’s concern regarding the lack of due process in Nicaragua’s judicial system. “We are concerned at the lack of Independence among different branches, especially considering that the electoral process will take place next year. Institutions must be able to act independently of the executive to secure democratic spaces and protect the fundamental freedom of expression.”

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

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

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

The killing of George Floyd

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

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

COVID-19: a multiplier of inequality

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

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

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

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

Anti-LGBTI violence and hatred

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

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

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

Human rights defenders continue to be murdered

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

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

Repression of civil society

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

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

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

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

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

 

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

Race and Equality presents petition to the IACHR regarding human rights violations against independent media in Nicaragua

Washington, D.C.; December 3, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) submitted a petition to the Inter-American Commission on Human Rights (IACHR) earlier today, detailing actions by the State of Nicaragua that restrict and criminalize the work of independent journalists, violating Nicaraguans’ right to freedom of expression.

The petition includes 39 victims who have suffered various acts of repression and violence at the hands of State agents and pro-government groups. The 39 victims include managers, journalists, and employees of the independent outlets Radio Darío, 100% Noticias, Confidencial-Esta Semana, and Radio La Costeñísima.

The petition describes physical attacks, death threats, arbitrary detentions, surveillance, destructive police raids, and property confiscation against independent Nicaraguan media. Race and Equality also submitted evidence of arbitrary actions against the victims by all three branches of the Nicaraguan government, demonstrating the lack of independence in the judicial branch and other public offices.

100% Noticias and Confidencial-Esta Semana have sought justice through various judicial processes, as detailed in the petition, while Radio Darío and Radio La Costeñísima have had to abandon such processes after repeated retaliations against them.

Race and Equality’s petition also highlights three pieces of Nicaraguan legislation that can be used to restrict freedoms of expression, association, and assembly: the Law Against Money Laundering, Terrorist Financing, and Proliferation of Weapons of Mass Destruction (known as the Law Against Terrorism); the Law to Regulate Foreign Agents; and the Special Law on Cybercrime.

Race and Equality has requested that the IACHR find the State of Nicaragua responsible for violating the rights to a fair hearing and judicial guarantees; to the freedoms of expression and association; to life, personal liberty, and personal integrity; to the protection of dignity and reputation; to private property; and to free movement. All these rights are protected under the American Convention on Human Rights, to which Nicaragua is a party.

The petition also calls for the IACHR to recommend measures for reparations to the victims and measures to ensure non-repetition of these violations.

Cover picture: Jorge Mejía Peralta. 

World AIDS Day: Race and Equality calls for Brazil and Colombia to guarantee equality in HIV treatment

This December 1, the International Institute on Race, Equality and Human Rights (Race and Equality) honors and stands in solidarity with all people living with HIV on World AIDS Day. Established by the World Health Organization (WHO) in October 1987, with support from the United Nations (UN), the date aims to raise awareness and promote dialogue on sexual rights in an inclusive and responsive way for HIV prevention. In addition, this date aims to break stigmas about the reality of people living with the virus, being a day of visibility and solidarity.

Brazil: Structural racism and LGBTIphobia as barriers in the treatment of AIDS

In Brazil, throughout the month of December, the “Red December” awareness campaign is celebrated, symbolized by a red ribbon that, globally, represents solidarity and commitment in the fight against AIDS. However, the country, that was once a world reference for the treatment of AIDS, currently faces a dismantling of the Unified Health System (SUS) accompanied by setbacks in public policies such as governmental decrees that have demoted departments dealing with the monitoring and prevention of sexually transmitted diseases, under which HIV is considered.

In its chapter on the right to health, the report “What is the color of the Invisible? The human rights situation of the Afro-LGBTI population in Brazil”, published by Race and Equality, provides data that explains the worrisome advancement of HIV / AIDS in the country [1]. As the document points out, structural racism and LGBTIphobia combined with the advancement of religious conservatism, constitute obstacles to the equal treatment of HIV for the entire population. The State’s lack of responsibility in the face of a moralistic discourse, incites society to prejudiced and LGBTIphobic practices when facing the fallacy that HIV is a virus that only infects homosexual people. As a result, any discussion on sex education was eliminated from schools.

According to the report, between 2007 and 2017, there was a 700% increase in HIV infection rates among people ages 15 to 24. This data is from the previous government, but it is known that due to the advancement of religious conservatism, currently, there are explosions of HIV cases among young people and adolescents who have not had access to the necessary public health information. Additionally, the report shows the impact of racism on healthcare and treatment, evidenced by the large discrepancy in relation to race and sex in the increase in cases of HIV infection and the development of AIDS, between 2008 and 2018.

Epidemiological data, explained by the report, shows that for both men and women, while the number of deaths from AIDS has decreased among white people, it has increased considerably among Black people. In 2018, there were 2,885 (40.3%) deaths of white men and 4,219 (59%) deaths of Black men. For women, the same differences occur. In 2008, there were 1,804 (47.4%) deaths of white women and 1,981 (52.1%) deaths of Black women. In 2018, there were 1,309 (37.7%) deaths of white women and 2,136 (61.5%) deaths of Black women.

The document criticizes the invisibility of lesbian women, transgender women, travestis and trans men in the data provided in the epidemiological bulletin. Placed within patterns of universal cis-heteronormativity, consequently, these groups no longer have public health policies that understand their real needs and, once again, are erased from the discussion and left more vulnerable.

The report reveals that, “A meta-analysis carried out based on data from 15 countries [2], estimated that 33.1% of trans women in Brazil lived with HIV, only behind Argentina (33.5%) and India (43.7% ), according to the data recorded up until 2011. That same survey pointed to the alarming estimate that trans women were 49 times more likely to contract HIV than other people.”

In this sense, the report brings to light the impact caused by structural racism and LGBTIphobia, condemning a large part of the Brazilian population to situations of extreme vulnerability in care and treatment for a dignified health condition. With this, the advancement of HIV / AIDS in Brazil again puts the country at risk of a pandemic, seeing as the dismantling of social programs essential for the maintenance of the population’s health serve as grounds for the proliferation not only of diseases, but also inequality and intolerance.

HIV/AIDS in Colombia: a success story without victories

 The annual global report from the Joint United Nations Programme on HIV / AIDS (UNAIDS), published in 2020 [3], reveals that Colombia is one of the few countries in Latin America where the rate of HIV infections has decreased in the last decade. Despite this, the general figures hide the lack of progress in serving the most vulnerable groups, seeing as high mortality rates still persist. However, there are other structural barriers that prevent these populations from accessing programs already proposed by the Government under this global strategy.

First, there is an important gap in access to health services due to the high rates of informal work and unemployment in the country which limit the possibilities of accessing services for the diagnosis of the disease, specifically for early diagnosis allowing for timely action and treatment. Today, the epidemic is concentrated in specific groups, two of which belong to the LGBTI population: “men who have sex with men”, MSM (this category includes bisexual men and men who do not declare themselves “gay”), and “trans women ”, MT (trans people who are born men and are now women). Within these groups, seropositivity levels are found to be highly elevated.

In Bogotá, the contagion rates in 2018 were around 17% (MSM) and 20% (MT). In contrast, the prevalence for the rest of the population in Bogotá is 0.5%, for those between the ages of 15 and 49 [4]. According to the Ministry of Health, at the national level, men who have sex with people of the same sex have a prevalence of HIV infection of 20.4% and transsexual women of 23.4% [5]. Despite these figures, there are no specific programs that allow these groups to access rapid tests or relevant information on them.

The second major barrier is the discrimination and prejudice that still exists around the subject. The stigma represented by HIV involves disrespectful and unnecessary inquiries about people’s sexual identity, their performance as a sex worker or about drug use. This is especially shocking if we take into account that in the main cities of Colombia, cases of contagion increased in trans women by more than 15% in 2019, among whom sex work continued to be one of the most common sources of income [6 ]. There is a negative burden associated with the disease that sends a message of death and / or undesirability to society about people living with HIV.

Just last year, the Colombian Constitutional Court eliminated the section of the penal code that criminalizes HIV transmission, noting that the law violated principles of equality and non-discrimination, considering that it discriminated against people living with the virus, stigmatizing it and limiting their rights [7]. As long as there are little to no specific programs for these populations on how to access healthcare and that work toward eliminating prejudices about the disease in general, it is clear that the fear of undergoing medical treatment and of society’s response will prevail over the search for a diagnosis.

Finally, returning to the idea that the Colombian government needs to strengthen its preventive response, it is important to understand that the phenomenon of HIV / AIDS presents itself as a serious global public health issue, in which we must not only discuss the natural context of the disease, but also a process that involves several dimensions, such as the social, economic and cultural ones.

The context of the COVID-19 pandemic has exacerbated these difficulties. Although UNAIDS recommended that all countries distribute antiretrovirals to patients for periods of three months rather than monthly, in order to prevent them from excess exposure to COVID-19 from frequent outings, Colombia did not accept this provision [8]. This decision, in addition to the difficult socioeconomic conditions that already affect the LGBTI population, currently limits the access to health services by LGBTI persons [9].

On this day, Race and Equality calls upon States throughout Latin America to guarantee racial and sexual equality in the treatment of HIV, in addition to reinforcing the urgent need for sex education campaigns, whether in school environments or in public spaces. It is necessary to break stigmas and strengthen HIV prevention so that the world is not hit by another pandemic that, as is known, can be controlled. With this, we urge States to adopt the following recommendations:

1- Carry out the recommendations of the IACHR contained in its report on Violence against LGBTI people (2015) and adopt comprehensive measures that effectively combat discrimination and violence faced by LGBTI people living in poverty and extreme poverty; [10]

2- That guidelines be developed so that medical and nursing schools address – in their curricula, research, extension groups and in their academic events – topics such as sexual orientation and gender identity, so that, from their education, health professionals better understand the specific needs of LGBTI people, in particular transgender people.

3- That measures of awareness and training of professionals working in the health area be adopted, ensuring equal treatment for LGBTI people.

 

 

[1] Report available at: http://oldrace.wp/es/es_publicaciones/

[2] Argentina, Australia, Brazil, El Salvador, Spain, United States, Netherlands, India, Indonesia, Italy, Peru, Pakistan, Thailand, Uruguay and Vietnam.

[3] Available at: https://www.unaids.org/sites/default/files/media_asset/ 2020_global-aids-report_en.pdf

[4] Available at: https://www.revistaarcadia.com/periodismo-cultural—revista-arcadia/articulo/ lgbt-political-and-the-challenge-confront-hivsida-in-colombia / 68263 /

[5] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[6] Available at: http://unradio.unal.edu.co/nc/detalle/cat/un-analisis/article/vih-en-america- latina.html

[7] Available at: https://www.corteconstitucional.gov.co/relatoria/2019/C-248-19.htm

[8] Available at: https://www.unaids.org/sites/default/files/country/documents/COL_2020_countryreport.pdf

[9] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[10] IACHR. Violence against LGBTI Persons. 2015, p. 227, par. 382. Available at: http://www.oas.org/en/iachr/reports/pdfs/ViolenceLGBTIPersons.pdf

As the Cuban Government Represses Independent Civil Society and Media, Race and Equality Demands Respect for Freedom of Expression and Peaceful Assembly

Washington, D.C., November 24, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the Cuban government’s ongoing repression of independent civil society, especially its current efforts to repress protests against the imprisonment of the musician and activist Denis Solís. On Sunday, this repression escalated with the detention of over a dozen activists, accompanied by attacks and censorship against local and international media outlets.

On Monday, civil society reported that at least 16 arbitrary detentions had taken place on Sunday, the majority of them in Havana’s Central Park, where independent activists and journalists gathered for a peaceful protest to demand Solís’ release. Solís, a member of the San Isidro Movement, was detained on November 9th and sentenced in a summary trial to eight months in prison for the supposed crime of “contempt,” a vaguely-defined statute frequently used to criminalize independent civil society activists.

Those detained have all been released, but they were interrogated, threatened, and in many cases beaten while in custody. Among those detained were Juan Antonio Madrazo Luna, Marthadela Tamayo González, and Osvaldo Navarro Veloz, all members of the Citizens’ Committee for Racial Integration (CIR). The Dama de Blanco Berta Soler, activist Ángel Moya, reporter for independent outlet 14yMedio Luz Escobar, and independent journalist Héctor Luis Valdés were also detained. Other incidents of repression were reported across Cuba. In Antilla (Holguín province), CIR member Esber Rafael Ramírez Argota was detained; Leticia Ramos Herrería and Marisol Fernández Socorro, both Damas de Blanco, were arrested in Matanzas.

Race and Equality learned from Cuban contacts that violence was perpetrated not only by the police and State Security agents who quashed the protest, but also by pro-government civilian groups who insulted and struck the protestors while authorities stood by.

Persecution of CIR

This was the second incident of arbitrary detention that CIR, an independent civil society group working to promote the human rights of Afro-Cubans, suffered in November. On November 12th, CIR’s national coordinator Juan Antonio Madrazo Luna was detained outside his house in Havana. He was held incommunicado for over 18 hours as police searched his home and confiscated computers, cameras, hard drives, a projector, a voice recorder, a printer, documents, money, and other possessions.

Marthadela Tamayo González and Osvaldo Navarro Veloz were both detained at about 10:30am on November 19th, as they tried to attend a press conference at the CIR office about the failure of the government’s National Program Against Racism and Racial Discrimination. The two activists were taken to a police station in Alta Habana and spent approximately 50 minutes locked in a police car before being interrogated by two officials who identified themselves only as “Osvaldo” and “Ricardo.” “Ricardo” was the same officer who had overseen Madrazo Luna’s detention on November 12th.

During the interrogation, “Ricardo” warned the two to cease their activism with CIR, telling them that “you will not be allowed to ridicule President Díaz-Canel on social media,” a clear reference to CIR’s campaign marking the one-year anniversary of the National Program Against Racism and Racial Discrimination. About two hours after they were detained, they were driven to another police station in Santiago de La Vegas and held there until they were finally released around 2:50pm.

The planned press conference was suspended, with Madrazo Luna reporting that the CIR office was surrounded by State Security agents watching for journalists or community members who might try to attend.

Repression on the rise

Since the detention of Denis Solís on November 9th, the Cuban government has stepped up its violations of freedom of expression and its use of arbitrary detentions against human rights activists, journalists, and artists who speak out for Solís’ freedom.

Police surrounded the offices of the San Isidro Movement on November 18th, where 14 people had gathered to plan a peaceful protest march. In response, some of the protestors chose to launch a hunger strike. At the moment, two people continue to go without food or water, and five more remain on hunger strike.

Race and Equality calls on the Cuban government to cease its harassment and persecution of human rights defenders, including members of CIR. The Universal Declaration of Human Rights and Human Rights Council Resolution 13/13 both require state parties to desist from any actions that interfere with the work of human rights defenders and forbid discrimination, including for political reasons. We support the statement made by the Inter-American Commission on Human Rights (IAHCR) calling upon the State of Cuba to “put a rapid end to the practice of harassment against independent activists, artists, and journalists who seek to exercise their right to freedom of expression.”

Look here for images about the repression of Sunday, November 22, in the Central Park of Havana:

Race and Equality demands respect for freedom of expression in the midst of the campaign for the release of Cuban activist Denis Solís; condemns the Cuban government’s continued repression against independent journalist María Matienzo and activist Kirenia Yalit Nuñez Pérez

Washington, D.C., November 19, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) strongly condemns the continued repression carried out against independent journalist and writer María Matienzo and her partner, activist Kirenia Yalit Nuñez Pérez, at the hands of the National Police and State Security. At least four officials and a police unit remain camped outside Matienzo and Nuñez’ home in Havana since Tuesday, November 17, threatening to arrest them and take them to prison if they attempt to leave the house.

Matienzo communicated to Race and Equality that she attributes the current act of repression to her and Nuñez’ participation in the Movimiento San Isidro’s campaign to demand the release of activist and musician Denis Solís, who was arrested in Havana on November 9 and was sentenced, two days later and in a summary trial, to eight months in prison for the supposed charge of “contempt.”

Matienzo signaled that on the first day, as they attempted to leave the house, officials in the street turned on the police sirens seeking to approach them and arrest them. In addition, her partner was blocked from accessing mobile data for half a day. This recent phenomenon has been attributed to a deliberate action from the Telecommunications company (ETECSA) to commonly suspend access to data services for activists and members of the opposition.

To Matienzo, a journalist for Cuban independent media outlet CubaNet, this type of harassment is a common and recurring practice. “Sometimes they let us leave and they detain us on the road; in March, Kirenia was able to get close to a meeting location before being detained and placed in a police car under direct sunlight and interrogation,” said Matienzo. On October 10, she faced a similar situation – she was arrested while walking towards the Movimiento San Isidro headquarters and was taken to a police station where she was kept for over five hours.

Kirenia, a psychologist and coordinator of the Cuban Youth Round Table (Mesa de Diálogo de la Juventud Cubana), was also fined 100 pesos in March of this year for being falsely accused of avoiding security mechanisms. In January, she was given a written threat of being arrested and processed for “introducing counter-revolutionary material” to Cuba.

Day of Repression

Matienzo emphasized that she and her partner are not the only victims of this wave of repression and persecution – dozens of other people have been beaten, threatened and arrested since the previous week in response to the Movimiento San Isidro’s series of actions to protest the arbitrary detention of activist Denis Solís and demand his immediate release.

“Denis Solís has a particular racial profile to which the government’s sexist, homophobic and racist approach has intentionally caused more harm. The situation of lack of freedom of expression seen in the island is untenable, but we have chosen to speak out. The people must wake up because this is an evil that affects us all equally,” said the journalist.

In response to the recent wave of repression, at least nine activists from the San Isidro Movement headquarters decided to undergo a hunger strike. According to Matienzo, 14 people remain inside the headquarters, where they held a meeting three days ago to draft poetry in favor of Denis Solís’ liberation. However, a group of around 100 men comprised of plainclothes police and State Security agents arrived at the scene and surrounded the property and prevented the activists from leaving; they also intercepted food deliveries being provided by a neighbor.

Race and Equality strongly condemns these actions, which are clear violations of human rights. We demand that the Cuban government adopt the necessary measures to ensure the safety of María Matienzo and Kirenia Yalit Nuñez Perez. In light of international human rights norms, such as the Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man, freedom of expression must be guaranteed by all States.

Following the arbitrary detention of Afro-Cuban leader Juan Antonio Madrazo Luna, Race and Equality demands that the Cuban government end its persecution of independent civil society activists

Washington, D.C.; November 13, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the arbitrary detention carried about against Afro-Cuban activist Juan Antonio Madrazo Luna, the national coordinator of the Citizens’ Committee for Racial Integration (CIR). Juan Antonio was deprived of his liberty for over twelve hours, during which time his family and colleagues had no information about his whereabouts. Race and Equality demands that the Cuban government immediately end its persecution of citizens who take part in independent civil society activities.

According to information from fellow CIR activist Marthadela Tamayo, security agents violently detained Juan Antonio around 4:00pm on Thursday, November 12 at his home in Havana. Security personnel also confiscated property from Juan Antonio and his sister Jacqueline Madrazo, including two computers, a camara, a projector and screen, an audio recorder, books, and documents.

Although Juan Antonio was released on Friday morning, his family and colleagues were given no information about his whereabouts for over twelve hours, despite visiting at least six police stations to ask where he was being held. Race and Equality, along with other organizations on and off the island, considers Juan Antonio’s treatment to be a case of forced disappearance.

Juan Antonio’s arrest comes on the heels of CIR’s efforts to publicize their report Denial, Exclusion, and Discrimination, which documents the human rights situation for Afro-Cubans and Cubans of mixed race, and the results of the organization’s investigation into racial discrimination in the Cuban labor market. Both documents have been disseminated at the national and international levels, including bring presented to the Inter-American Commission on Human Rights (IACHR).

A wave of arrests

 CIR also informed Race and Equality that CIR members Esber Rafael and Braulio Hastié were detained in Antilla (Holguin province) on Thursday. The arresting officer, a State Security agent identified as Henry Borrero Peña, confiscated another camera from the two activists. Also on Thursday, the artist and activist Luis Manuel Otero Alcántara and the independent journalist Iliana Hernandez were both arrested and released hours later.

The government constantly wields such tactics of police harassment and short-term detention against Cuba’s independent civil society. Race and Equality demands that Cuban authorities respect the fundamental rights to freedom of expression, freedom of association and assembly, and freedom of movement. The Cuban State is obligated to protect and promote these rights under the treaties and international commitments to which it is party.

Representatives from independent civil society and the IACHR Rapporteur on the Rights of Women call on Cuba to cease repression of female activists

Washington, D.C.; October 27, 2020.- Margarette May Macaulay, Rapporteur on Women’s Rights at the Inter-American Commission on Human Rights (IACHR), joined representatives from Cuba’s independent civil society to demand an end to the persecution and criminalization of female activists in Cuba while committing to continue documenting and denouncing human rights violations.

Commissioner Macaulay and three members of the renowned Damas de Blanco (Ladies in White) served as panelists during the webinar ¡Cubanas Libres Ya! The Situation of Female Political Prisoners in Cuba on Tuesday, October 27th. The webinar was organized by the International Institute on Race, Equality and Human Rights (Race and Equality) as part of the #CubanasLibresYa (Free Cuban Women Now) campaign, which began in March 2020 and has brought to light the realities of violence, persecution, and criminalization facing Cuban women who demand human rights and dignified living conditions for all Cubans.

Context

In his welcoming remarks, Race and Equality’s Executive Director Carlos Quesada stressed that the Cuban state utilizes the country’s Criminal Code to criminalize those who express opinions against the government, a blatant violation of its international obligations to respect and protect human rights. “Specifically, authorities can charge activists with crimes or concepts that are not clearly defined in the Code, such as ‘contempt,’ ‘assault,’ or ‘social dangerousness,’” he pointed out.

Race and Equality’s Director of Programs, Christina Fetterhoff, serving as moderator, stated that between January and September of this year, the Cuban Human Rights Observatory (OCDH) recorded 1,249 arbitrary detentions, including 367 detentions of women. She also shared that there are currently at least 10 women in prison, serving house arrest, or performing ‘corrective labor’ for political motives.

Caitlin Kelly, Race and Equality’s Latin America Legal Program Officer, shared that although precise data is difficult to gather, the marginalization and poverty afflicting Cuban women is undeniable. In response to these injustices, Cuban women have taken great strides in advocacy and activism to demand change. “However,” she went on, “as the IACHR has recognized, freedom of expression is non-existent in Cuba. State Security forces, the police, the Rapid Response Brigades, and other authorities violently break up protests and look for pretexts to imprison the participants.”

Cases

Race and Equality’s documentary video about the situation of female political prisoners made its debut during the event. Afterwards, Berta Soler, leader of the Damas de Blanco, and former political prisoners Yolanda Santana and Xiomara Cruz Miranda shared their personal experiences. Internet connectivity issues made it difficult to sustain a conversation, but phone connections and pre-recorded videos prepared by the women allowed the three to share their testimonies.

Ms. Soler explained that in the last five years, she has been detained over 200 times, sometimes suffering three arbitrary detentions in a single week. “I remember that during one arrest, two police officers used a chokehold on me while one of them gauged my eyes, causing one of my eyes to fill with blood. They kept me in a cell for over 24 hours without water to drink or running water for sanitary purposes, nor did I have anything to eat,” she related. She also shared that she had most recently been arrested on September 8th of this year, during events and protests marking the feast of Our Lady of Charity, a major national holiday.

Yolanda Santana, one of the women profiled by Race and Equality during the #CubanasLibresYa campaign, recounted that since joining the Damas de Blanco, she has received dozens of arbitrary fines from the authorities – the total amount she owes would be impossible to pay. In July 2018, she was detained for failing to pay her fines and put on trial without the right to present a defense. She spent a year in El Guatao women’s prison, where she suffered inhumane and degrading treatment.

Xiomara Cruz Miranda joined the event virtually from Miami, where she has resided since being granted a humanitarian visa early this year. The visa was granted after she fell deathly ill in prison, where she was being held as a political prisoner. She made clear during the event that her illness was produced by mistreatment in prison and the lack of adequate healthcare in Cuban hospitals.

Ms. Cruz has been a political prisoner twice. In April 2016, she was arrested in a Havana park along with three other activists and detained in El Guatao prison for a year and eight months before standing trial. She was eventually granted conditional release but was arrested again in September 2018 and sentenced to another year and four months for supposed “threats” against a neighbor who provoked a confrontation by throwing stones at her house.

An unacceptable situation

IACHR Commissioner and Rapporteur on the Rights of Women Margarette May Macaulay expressed her concern at the persecution and criminalization described by Cuban activists. She remarked that although the number of women in prison is relatively small compared to that of men, the effects of incarceration are extremely harmful for these women, their families, and their communities.

Commissioner Macaulay made clear that the situation is unacceptable and “must end,” listing several regional and international human rights standards on the treatment of persons deprived of liberty that the State of Cuba is violating. Among these are the obligations to act without discrimination and to provide those in detention with hygiene and dignified living conditions.

The Commissioner also emphasized that her office and the entire IACHR will continue to monitor the human rights situation in Cuba, inviting local and international civil society organizations to document human rights violation and report them to the Commission. She expressed her hope that the current government will end its use of arbitrary detentions, respect the right to freedom of expression, and allow free access to information.

Race and Equality also stands firm in our commitment to monitor the situation of political prisoners in Cuba, denounce abuses, and work with local activists to demand that Cuba comply with its international human rights obligations. We invite all those interested to visit the #CubanasLibresYa campaign website (cubanaslibresya.com in Spanish and cubanaslibresyaeng.com in English)

The Cubanas Libres Ya documentary is available for viewing here: https://youtu.be/gTQcFGute4g

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