Venezuela, Nicaragua and LGBTI issues: key points of the 41st session of the UN Human Rights Council

Venezuela, Nicaragua and LGBTI issues: key points of the 41st session of the UN Human Rights Council

Geneva, July 16th 2019.  A report on the human rights situation in Venezuela presented by the High Commissioner for Human Rights Michelle Bachelet and an update on the state of human rights in Nicaragua presented by Deputy High Commissioner Kate Gilmore, as well as the mandate renewal of the UN independent expert on sexual orientation and gender identity, were all key agenda items during the 41st session of the UN Human Rights Council.

The 41st session of the Human Rights Council, which took place between June 24 and July 12 at the UN headquarters in Geneva, Switzerland, was marked by the Latin American agenda. In her opening speech, Bachelet expressed concern about the setbacks experienced in Latin America that affect important achievements made by victims, human rights defenders and political leaders in terms of reconciliation and transitional justice in recent decades.

The High Commissioner warned: “today we are witnessing a worrisome trend of denial of the facts, even extending to the passage of laws intended to undo the progress made in seeking justice.”

As an example, she cited the recent approval of the Amnesty Law in Nicaragua and the attempts of Guatemala and El Salvador to pass similar laws. Faced with this situation, she urged “these and all other countries not to adopt regulations that prevent serious human rights violations from being prosecuted and duly punished.” She also said that “accountability, with fair trials, protects societies from future radicalisation and violence.”

The Human Rights Council is the intergovernmental body of the United Nations that is responsible for strengthening the promotion and protection of human rights. It has the competence to discuss all human rights thematic issues and to call for change through recommendations. This body also has the function of empowering special procedures and carrying out the Universal Periodic Review (UPR). It meets three times a year: in February, June and September.

About Venezuela

At the request of the Human Rights Council, the Office of the UN High Commissioner for Human Rights (OHCHR) prepared a report on the human rights situation in Venezuela that was presented at this session.

The High Commissioner began the presentation by commenting on her recent visit to Venezuela, where she was able to meet with various sectors of society, which she understands is undoubtedly a sign of the Venezuelan authorities to commit to a constructive dialogue. She also noted that the report cannot ignore that the rule of law in Venezuela has been “seriously damaged” in recent years. Today, the rights to freedom of expression, to peaceful assembly and to participate in public life all entail threats against the life and physical integrity of those who exercise them.

The report details the gradual militarization of state institutions during the last decade. The pro-government armed groups known as colectivos have contributed to the deterioration and have managed to impose a social order of generalized repression. The OHCHR documented at least 66 deaths during the protests carried out from January to May 2019, of which 52 are extrajudicial executions directly attributable to Government security forces or to the colectivos. “In the previous year, the government of Venezuela registered 5,287 deaths due to ‘resistance to authority’ and between January 1st and May 19th of this year, another 1,569 people were killed, according to the government’s own statistics. Others sources suggest that the figures could be much higher.”

The High Commissioner expressed concern about the excessive and lethal use of force, saying that such force should be classified as extrajudicial execution and requires an investigation aimed at condemning the perpetrators and guaranteeing the non-repetition of similar acts. The report notes, however, that most of the victims have not yet had access to justice or adequate reparation.

Meanwhile, the people of Venezuela continue to face an economic crisis that is seriously affecting the fulfillment of economic, social and cultural rights. This crisis has also been exacerbated by the recent economic sanctions that are affecting the ability of the State to guarantee the population’s access to medical services and the right to food. Many public services such as the healthcare system have collapsed, the High Commissioner stressed in her speech, stating that the lack of basic medicines is having serious consequences, even causing deaths; also, the lack of contraceptive methods is forcing many women to continue pregnancies in circumstances of extreme precarity by forcing them to take care of children who they will not be able to feed. According to the UN Office for the Coordination of Humanitarian Affairs (OCHA), by March 2018, around seven million Venezuelan people, a quarter of the total population, will need humanitarian assistance.

Hunger and poverty have forced many to flee in conditions of extreme vulnerability. The protection of their human rights, says the High Commissioner, is a matter of extreme urgency. Bachelet highlighted the situation of indigenous people in Venezuela, which is also extremely worrisome, given the loss of their ancestral territories and natural resources, militarization, the effects of mining and the lack of adequate access to water and food.

About Nicaragua

The Deputy High Commissioner presented the update on the human rights situation in Nicaragua. This intervention was held as part of the resolution of the Human Rights Council for the Promotion and Protection of Human Rights in Nicaragua (Resolution A/HRC/40/ L8) approved in April 2019, which also provides for the presentation of a report in the following Council session in September of this year.

In her oral intervention, Deputy High Commissioner Kate Gilmore stressed that one year after the violent repression of demonstrations throughout the country, which killed more than 300 people, injured 2,000 and put more than 70,000 people in exile, human rights violations committed during that crisis remain unresolved. Peaceful protest and dissent continue to be repressed.

She also noted that, despite the Nicaraguan authorities’ claim that they have freed all those arrested in the context of the protests, more than 80 people could still be in custody under severe conditions of detention. The OHCHR has even received reports of torture and mistreatment. Gilmore urged the release of all persons arbitrarily detained for their participation in the protests or for expressing dissenting or critical opinions, including those who are still under alternative measures to incarceration, and reiterated the call to the Nicaraguan authorities to carry out immediate, impartial and effective investigations into the allegations of torture and violent acts in custody.

Regarding the Amnesty Law and the Law of Integral Attention to Victims, she emphasized that nether guarantees the right of victims to truth and reparation and that they were adopted without sufficient consultation with civil society or victims’ organizations. One of the most critical points of her speech was the reference to the work of the OHCHR, the Inter-American Commission on Human Rights (IACHR) and the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) of the Organization of American States. Although these agencies have managed to document serious human rights violations, the Government continues to deny the responsibility of the state or its professional agents. The National Police has continued to systematically deny authorization for civil society meetings and to arbitrarily arrest people who attempt to demonstrate, with episodes of excessive use of force. The Deputy High Commissioner also showed concern for human rights defenders, community leaders, media journalists and civil society organizations who continue to be the target of attacks, threats, harassment and constant surveillance.

She ended her speech by calling on the authorities to participate in a genuine, meaningful and inclusive dialogue to address the legitimate demands of justice and reparation and to undertake institutional and electoral reforms. She recalled her office’s willingness to support the Nicaraguan Government in the fulfillment of its international obligations regarding human rights.

About the renewal of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (IE SOGI)

Victor Madrigal, an independent expert on SOGI, began his speech by recalling that this year marks the 50th anniversary of the Stonewall protests and that his mandate is a necessary response to the abuse that the LGBT community throughout the world continues to suffer. He shared some data collected in a recent report that presented violence and discrimination based on sexual orientation or gender identity. For example, 60% of bisexual women have been victims of rape, physical violence and/or harassment by an intimate partner in their lives; trans people have a life expectancy of 35 years; and half of LGBT students have been victims of harassment.

The campaign behind the renewal of this mandate was an example of coordination and shared effort between civil society organizations and diplomatic missions that endorsed the protection of the human rights of LGBT people. Special mention should be made to the Latin American region since Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay were the countries that promoted the resolution to renew the mandate, which more than 50 co-sponsoring countries later joined. Their negotiating skills and constructive spirit earned them the gratitude of several council members. The resolution had to face ten hostile amendments led by Pakistan and seconded by the Organization of Islamic Cooperation with the exception of Albania and Tunisia, which were all rejected. The mandate was renewed with 27 votes in favor, 7 abstentions and 12 votes against, among which there were no Latin American countries. Only Cuba abstained in the voting to reject these hostile amendments, but at last voted in favor of the renewal.

The call to the Council for the renewal of the Independent Expert of the UN on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories. After the voting, the renewal of the mandate filled the room and the corridors with an emotion and a joy that perhaps can be captured through the words of gratitude of the activist Andrea Ayala: “all of us here work for people whose names or skin color we don’t know, all we know is that they need us and here we will continue to work together.”

Renewed threats against Afro-Colombian leaders put their lives at risk

Bogota, 15 July 2019.  Afrocolombian leaders were declared “military targets” by the clandestine group Aguilas Negras (Black Eagles) in a text message received July 13, 2019.

The text included an ultimatum for the members of the Consejo Comunitario de las Comunidades Negras (Communal Councils of Black Communities) in La Toma to leave their territory within 72 hours because of their “disobedience” and their “opposition to development.”[/vc_column_text][/vc_column][/vc_row]

“Your debt is still not paid…each one of you son-of-bitches Blacks is a military target, just like all those toads that you care for, so you will die. AGUILAS NEGRAS ARE HERE,” the message reads.

This message is the latest incident in a pattern of persecution and harassment. Afro-Colombian human rights defenders, including the “Environmental Nobel” (Goldman Prize) honoree Francia Márquez, were attacked in May by armed men wielding guns and a grenade in Norte de Cauca.  (Read the statement regarding the attack on Afro-Colombian social leaders in Norte de Cauca).

We are extremely concerned by the systematic pattern of threats, harassment and repression that targets the life, integrity and peace of mind of Colombian social leaders. We are especially alarmed by the acts of violence and persecution against Afro-Colombian social leaders who struggle against development frameworks that wipe out communities, expropriate land and challenge the sovereignty of Afro-Colombians over their ancestral territory.

We urge the Colombian government, led by President Iván Duque, to speak out immediately against these acts that threaten the rights and lives of Afro-Colombian peoples. We also implore the government to prioritize addressing the genocidal circumstances that are confronting the country during the peace process. The number of social leaders assassinated since the signing of the Accords has climbed over 300 (with indigenous and Afro-descendent leaders being the most affected) without effective protection from the procedures meant to guarantee the rights to life, territory, justice and peace.

We also urge the international community to continue monitoring the current national emergency in Colombia, particularly the violence in ethnic territories that have historically suffered poverty, marginalization and violations of fundamental rights enshrined in the Universal Declaration of Human Rights.

To denounce the threats and the danger facing Afro-Colombian communities and all ethnic groups in Colombia, social leaders held a press conference on July 15th at 2:00pm, when the “deadline” given by the Aguilas Negras expired.

As Francia Márquez told Colombian newspaper El Espectador, “at the press conference, we will lay out our situation for the authorities. We want them to investigate why we are being threatened, labeled as targets, and made to leave our territory, among other things. No one should have to die for demanding their rights.”

Race and Equality adds our voice to the outcry against these acts, which require the Colombian government’s and international community’s immediate attention. Stable and sustainable peace cannot take root without guaranteeing justice, truth and peace for all peoples.

UN renews crucial mandate for protection against violence and discrimination based on sexual orientation and gender identity

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole.”

(Geneva, July 12, 2019) – In a defining vote, the United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert focusing on the protection against violence and discrimination on the basis of sexual orientation and gender identity.

The resolution was adopted by a vote of 27  in favor, with 12 voting against and 7 abstentions.

The campaign calling on the Council to renew the mandate of the UN Independent Expert on SOGI was supported by 1,312 non-governmental organizations from 174 States and territories.

“This is another historic victory, not only for communities of diverse sexual orientations and gender identities, but for humanity as a whole”, said Paula Sebastiao of Arquivo de Identidade Angolano in Angola and Simran Shaikh, Asia coordinator of the Trans Respect v. Transphobia project, on behalf of 60 human rights groups worldwide. “Following the call from a record number of organizations from every region imaginable, the UN Human Rights Council has reaffirmed its commitment to combat discrimination and violence on grounds of SOGI, and has reminded all states of their obligations towards these communities.”

Created in 2016, the UN Independent Expert on SOGI has been supported by an ever-growing number of States from all regions of the world. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay.

“The renewal of this mandate demonstrates how United Nations States’ support for tackling violence and discrimination against people of diverse sexual orientations and gender identities has grown tremendously,” said UN Trans Advocacy Week campaigners. “The Independent Expert is crucial in bringing international attention to specific violations and challenges faced by trans and gender-diverse persons in all regions.”

Although the renewal process had to overcome 10 hostile amendments, the core of the resolution in affirming the universal nature of international human rights law stands firm.

“The existence of a specific UN human rights mechanism looking at SOGI issues is crucial for our communities to be heard at the global level,” added Ryan Silverio of ASEAN SOGIE Caucus from the Philippines. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalizing our identities and actions are unjust, and should no longer be tolerated”.

The UN Independent Expert on SOGI is tasked with assessing implementation of existing international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Through the work of this mandate since 2016, the impact of criminalization of same-sex relations and lack of legal gender recognition, the importance of data-collection specific to SOGI communities, and examples of good practices to prevent discrimination have been highlighted globally, with visits to Argentina, Georgia, Mozambique and Ukraine.

The International Institute on Race, Equality, and Human Rights celebrates the renewal of this mandate as essential in the protection of human rights for Afro individuals with diverse SOGI. In consequence, it is rewarding to count with an Independent Expert who is bound to face the multiple and intersectional forms of violence and discrimination by SOGI, such as those motivated by racial prejudices.

We hope that all governments cooperate fully with the UN Independent Expert on SOGI in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity.

“We are very thankful to the seven States in the Core Group who tabled the resolution to renew the mandate” said Andrea Ayala from El Salvador. “Their support comes at a crucial moment in our region, where any sign of progress on inclusion and equality is being countered with violence, persecution and hate speech, a dangerous rhetoric about ‘gender ideology’ and sometimes blatant opposition to the rights of our communities”.

ONU RENOVA MANDATO CRUCIAL DE PROTEÇÃO CONTRA VIOLÊNCIA E DISCRIMINAÇÃO BASEADA NA ORIENTAÇÃO SEXUAL E IDENTIDADE DE GÊNERO

leia a versão em português

Organisations signing the statement:

42 Degrees
ABGLT – ASSOCIAÇÃO BRASILEIRA DE LESBICAS, GAYS, BISSEXUAIS, TRAVESTIS, TRANSEXUAIS E INTERSEXOS
Accountability International
Amnesty International
ARC International
ASEAN SOGIE Caucus
Asia Pacific Transgender Network (APTN)
Asistencia Legal por los Derechos Humanos A.C. (ASILEGAL)
Asociación OTD Chile
Caribe Afirmativo
çavaria
CHOICE for Youth and Sexuality
COC Nederland
Colectivo Alejandria
Comunidad Homosexual Argentina (CHA)
Conurbanes por la Diversidad- Argentina
Egale Canada
Equality Australia
ERA – LGBTI Equal Rights Association for Western Balkans and Turkey
Fundación Afrodescendiente por las Diversiades Sociales y Sexuales – SOMOS IDENTIDAD
Fundacion Arcoiris por el respeto a la diversidad sexual
Fundación Reflejos de Venezuela
GATE
Gender DynamiX
GIN-SSOGIE
Haus of Khameleon
Helsinki Committee for Human Rights of the Republic of Macedonia
Human Rights Awareness and Promotion Forum
Human Rights Law Centre
ILGA Asia
ILGA World
ILGALAC – Asociación Internacional de Lesbianas, Gays, Bisexuales, Trans e Intersex para América Latina y El Caribe
International Family Equality Day
International Bar Association’s Human Rights Institute (IBAHRI)
International Service for Human Rights
Iranti
Korean Lawyers for Public Interest and Human Rights (KLPH)
Las Reinas Chulas Cabaret y Derechos Humanos AC
LGBTI Support Center
LSVD Lesbian and Gay Federation in Germany
Namibia Diverse Women’s Association (NDWA)
ODRI Intersectional rights
OutRight Action International
Pacific Human Rights Initiative
People’s Matrix
People’s Solidarity for Participatory Democracy
Planet Ally
Red Latinoamericana GayLatino
REDTRANS Nicaragua
RFSL, the Swedish Federation for LGBTQ Rights
RFSU
RWS – India’s Diverse Chamber
Stichting NNID
Synergía – Initiatives for Human Rights
The International Institute on Race, Equality and Human Rights
the Transgender Liberation Front(abbr. TLF)
Trans Pasefika
TransAction (Aotearoa / New Zealand)
Valientes de Corazón Ecuador
Young Queer Alliance

Afro-LGBTI Network for Latin America and the Caribbean held a private meeting with the IACHR Rapporteurship on the rights of LGBTI persons during the 49th OAS General Assembly

Colombia, July 2 2019.  During the week in which the 49th OAS General Assembly was held in Medellin, Colombia, members of the Afro-LGBTI Network for Latin America and the Caribbean from Brazil, Colombia, Peru and the Dominican Republic met together on June 27th. This meeting included a series of workshops about political advocacy in countries and reinforcing knowledge about the Human Rights Protection System in the Americas. Manuel Canahui and Ernesto Zelayandia, who are currently fellows at the Rapporteurship on the Rights of LGBTI Persons at the Inter-American Commission on Human Rights (IACHR), were present for a training on the Inter-American System of Human Rights, as well as its significance for Afro-LGBTI activism in each of the member countries of the Network. During the meeting, the fellows instructed the activists, who are also members of the Institute’s counterpart organizations, about the importance of the Inter-American System, including its organs, namely, the IACHR and the Interamerican Court of Human Rights.

The fellows talked about the work of the IACHR LGBTI Rapporteurship, including the year of its creation and its most important investigations: the 2015 Report on Violence Against LGBTI Persons and the latest Report on the Recognition of the Rights of LGBTI Persons in the Americas. The latter report was launched and discussed in Colombia during the same evening, with the participation of three Afro-LGBTI activists as panelists. After this initial presentation, the activists analyzed the different resources the IACHR has for the promotion and protection of human rights and how they can use them strategically. Public hearings, country visits, working meetings, and precautionary measures, among others, were mentioned.

With all this information given to our counterparts, they also had the opportunity to learn about how they can coordinate the work of different Rapporteurships addressing intersectional issues. This has already happened between the Rapporteurships on Women and Children. Therefore, the possibility of joining the Rapporteurship on Afro-Descendants and the LGBTI Rapporteurship in order to work on issues relevant for the activists was mentioned. Finally, the importance of the Inter-American Court of Human Rights as a source of relevant jurisprudence about the protection of rights of LGBTI individuals was discussed. In this way, the Inter-American legal standards about equality and non-discrimination based on sexual orientation or gender identity were briefly explained to our counterparts, so that they include those standards if they are doing strategic litigation on those topics.

Race & Equality celebrates these types of gatherings in which our counterparts can establish close relations between members of international bodies such as the IACHR. In order to make state-level advances in the guarantee of equal access of Human Rights, it is essential to have these spaces of feedback and training. This makes activists better-informed about available resources that they can access internationally for legal advocacy on Afro-LGBTI issues. Also, it helps international bodies and their officials learn about what other needs are being raised thanks to the work of local human rights organizations throughout Latin America and the Caribbean, making this joint work essential for an improvement on generating intersectional analysis and proposals.

Leaders of Latin America and the Caribbean at the 49th General Assembly of the OAS: “We are facing a grave situation of human rights violations””

Over the course of the 49th General Assembly of the Organization of American States (OAS), held in Medellín, Colombia from June 25-28, the International Institute on Race, Equality and Human Rights (Race and Equality) held various events, particularly with participation by human rights, Afro-descendent, and LGBTI leaders from Colombia, Cuba, Ecuador, Paraguay, Brazil, Nicaragua, Mexico, Bolivia, and the Dominican Republic.

These meeting and discussion spaces sought to reflect upon and study the social and political conditions facing human rights in Latin America. These conditions currently have a particular effect upon historically marginalized and invisible populations such as Afro-descendants and LGBTI persons, as do violations of fundamental rights through persecution and harassment by different governments in the region against rights defenders.

We reiterate our condemnation of the absence of Cuban activists who were denied exit from the country by migration authorities, this being a strategy of coercion and repression by the Cuban state to prevent civil society leaders from publicizing the human rights situation on the island.

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The Inter-American Form Against Discrimination was held on June 25. Afro-descendant and LGBTI activists from Latin America took part alongside the re-elected Commissioner Margarette May Macaulay, Rapporteur on the Rights of Persons of African Descent and Against Racial Discrimination and Rapporteur on the Rights of Women at the Interamerican Commission on Human Rights.

During their dialogue, activists described the social and political situation with regards to human rights in the region. The president of the Network of Afro-Latina, Afro-Caribbean, and Diaspora Women emphasized the need for women across the region to raise their voices to be heard, speak out, and participate as subjects of human rights. Likewise, the Brazilian activist Rodei Jericó de Géledes expressed the great challenges faced by the Afro-Brazilian population with regards to guarantees and recognition of their rights, especially Afro-Brazilians with diverse expressions of gender and sex, who suffer the highest percentage of homicides worldwide, with Afro-LGBTI people being the most frequent victims.

In a similar vein, the Colombian LGBTI rights activist and director of Caribe Afirmativo Wilson Castañeda indicated that although the Colombian peace process is unique in the world today by virtue of its reaffirmation of the rights of LGBTI conflict victims, Colombian LGBTI persons continue to be crushed by violence and hate crimes, fueled by hateful public discourses and state indifference to the victims. Castañeda told the audience that “peace is costing us our lives.” This dark side of the Colombian peace process includes the announcement by INDEPAZ that 837 social leaders have been killed, with 17 new alleged cases coming recently.

Commissioner Macaulay shared with the audience the importance of the Inter-American Convention Against Racism, Racial Discrimination, and Related Intolerance, making clear that the Commission has found that Afro-descendants in the Americas suffer from structural discrimination affecting all social rights to which they are entitled.

The representative of the National Conference of Afro-Colombian organizations, Hader Viveros, stated that Afro-descendants continue to be seen as objects rather than subjects, and thus continue to be victims of discrimination and non-recognition of their true needs. María Martínez de Moschta presented evidence to this point, signaling that over 117,000 people remain stateless in the Dominican Republic thanks to state decisions motivated by senseless racism.

Finally, Christian King, director of the organization Trans Siempre Amigas (TRANSA) in the Domincan Republic, and Cecilia Ramírez, director of the Black Peruvian Women’s Development Center (CEDEMUNEP), shared with the participants the importance of being present in international legal bodies such as the OAS General Assembly, highlighting the possibility of using these spaces to bring civil society demands to the fore and to make Latin American social movements’ social and political agendas visible in the struggle for human rights.

Read here the statement of the Afro-Descendant coalition at the OAS General Assembly.

49ª OAS General Assembly

The statement of the Afro-Descendant coalition was represented by Erlendy Cuero Bravo afro colombian activist of the National Association of Afro-Colombians Displaced (Asociación Nacional de Afrocolombianos Desplazados – AFRODES).

Discussion: “The Implementation of the Peace Accords: Social Innovation and Development in Afro-Colombian Territories”

Afro-Colombian leaders held the discussion “The Implementation of the Peace Accords: Social Innovation and Development in Afro-Colombian Territories” on June 25 during the General Assembly. Costa Rican Vice-president Epsy Campbell, Angela Salazar of the Colombian Truth Commission, and Margarette May Macaulay of the Interamerican Commission on Human Rights also participated.

Leading the discussion, Vice-president Campbell called upon leaders to continue struggling, building, and working for peace despite being faced with Colombia’s “labor pains” as the social and political conflict drags on. Commissioner Salazar stated that the role of the Afro-descendant population in the implementation process is challenged mostly by the lack of recognition for Black history and experiences in Colombia.

The conversation, which centered upon the systematic killing of social leaders, brought up the deaths of over 400 activists according to the national Ombudsman’s office. Recalling the recent case of María del Pilar Hurtado, all those present condemned this trend.

Audes Jiménez, Afro-Colombian leader and representative of the Network of Afro-Latina, Afro-Caribbean, and Diaspora Women, said, “While President Iván Duque is occupied with the immigration of Venezuelans into Colombia and his migration policies, a genocide against social leaders is underway in Colombia, and this must be in he attention of the General Assembly.” She added that in the Caribbean coastal region, killings, attacks, and persecution continue, especially against ethnic groups defending their land and territorial rights.

Francia Márquez, another Afro-Colombian leader, stated that Afro-Colombian people feel abandoned and ignored by the state, allowing Black, indigenous, and campesino communities in the country to be wiped out by violence as they work tirelessly to care for the Earth. “Peace requires us to think of alternative development“. In the name of ‘development,’ we are being killed, threatened, and treated as a military threat,” she said. 

It was also clear that structural racism causes women to continue being killed and victimized: “we are furious because we are speaking about peace into an empty discourse, peace has still not arrived to our territories, and we have been the ones suffering deaths,” she added.

Nixón Ortíz, LGBTI activist and director of the Arco Irís Afro-Colombian Foundation of Tumaco, remarked that the lack of commitment from the Colombian state to implement the Peace Accords has led to foci of violence in Afro-descendent territories, which remain unprotected and unattended. “We want to say that we have been resisting with our bodies, songs, and dances. Our weapons are our traditions. But the lack of governance in the territories puts whole populations at risk,” he added.

Finally, Father Emigdio Custa Pino, Secretary General of the Nacional Conference of Afro-Colombian Organizations (CNOA), invited the audience to continue struggling, building, and resisting despite the deaths of leaders, to assume the responsibility of those no longer present, both for those present and those who are to come.

Discussion: “Where is Nicaragua Heading? Challenges to Human Rights in the Context of Crisis”

A Nicaraguan delegation traveled to Medellín to participate in the General Assembly and interact with the diplomatic missions in attendance. These civil society members, human rights defenders, and ex-political prisoners participated in the event “Where is Nicaragua Heading? Challenges to Human Rights in the Context of Crisis,” organized by Race and Equality alongside CEJIL.

The opening remarks went to the Vice-president of Costa Rica, Epsy Campbell, while the panel consisted of Marlin Sierra, executive director of the Nicaraguan Center for Human Rights (CENIDH), Azahalea Solís, member of the Civic Alliance for Justice and Democracy, Lucía Pineda, head of 100% Noticias news and former political prisoner, Roberto Desogus, Nicaraguan lead for the Office of the UN High Commissioner for Human Rights, and Sofía Macher, member of the Interdisciplinary Group of Independent Experts on Nicaragua.

During the event, which went on for over two hours, the first three panelists described their experiences defending human rights and working in journalism in the case of Lucía Puneda, while the panelists representing international bodies described the ongoing work of monitoring from outside the country, as well as their commitment to returning once the authorities choose to authorize their missions.

The following day, Lucía Pineda participated in a breakfast with Colombian and international journalists from digital, print, and television outlets. Throughout her stay in Medellín, after having spent almost six months in prison for reporting through 100% Noticias, she was interviewed by various outlets interested in telling her story and making visible the demands of the Nicaraguan people.

The photo exhibition “Put Yourself in My Shoes” launches at the OAS

During the 49th General Assembly of the Organization of American States (OAS), human rights activists from several Latin American countries participated in the premier of a photography exhibition titled “Put Yourself in My Shoes.” The exhibit is the result of a collaboration between Race & Equality and Edgar Armando Plata, M.A. of Universidad del Norte (Colombia).

The exhibit illustrates the work of activists and rights defenders, exploring their fundamental role in defending and advancing human rights. It is on display at the Colombo Americano Institute of Medellín and will be open until August 2019.

Launch of the CIDH Report “Recognition of the Rights of LGBTI Persons” : Afro-LGBTI Perspectives from an Intersectional Lens

At the 49th General Assembly of the OAS, the Inter-American Commission on Human Rights (CIDH) presented its recent report “Recognition of the Rights of LGBTI Persons,” a look at the state of rights for people with diverse sexual and gender expressions. Activists from Brazil, Nicaragua, Peru, and Colombia spoke of the grave situation of vulnerability and violation of fundamental rights that LGBTI persons continue to face throughout the region. The Afro-Peruvian trans woman activist Belén Zapata stated that hate crimes and violence against LGBTI people in Peru are not criminalized, with no laws penalizing these acts despite several documented cases. “We must not continue dying and having our killers out in the streets committing other crimes,” she said regarding the killings of trans people.

The Afro-Brazilian trans leader Alessandra Ramos state that LGBTI people in Brazil are faced with a grave situation of vulnerability and rights violations, particularly because the government of Jair Bolsonaro does not recognize people with diverse sexual orientations or gender experessions. She said that Brazil is the leading country in killings of trans people, with 163 trans victims of hate-crime killings last year. Faced with this situation, she expressed “We exist in order to resist, and we resist in order to continue existing.”

Finally, the Afro-LGBTI Network of Latin American and the Caribbean made a public statement with regards to human rights impacts, violations, and structural discrimination affecting Afro-LGBTI people in the region based upon their sexuality, race, and ethnicity.

Read here statement of the Afro LGBTI Network of Latin America and the Caribbean

Cuban government prohibits five activists from traveling to Colombia to participate in the OAS General Assembly

The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the decision by Cuban authorities to refuse to allow five activists and human rights defenders to leave the country and take part in the organization’s activities during the 49th General Assembly of the Organization of the American States, which is entitled “Innovating to strengthen hemispheric multilateralism” and takes place in Medellín, Colombia June 25-28.

On the morning of Monday, June 24, Maricel Napoles and Ileana Colas, activists from the organization Mujeres Esperanza in Santiago, were informed by migration authorities that they had been “regulated;” when questioned by the activists, an official claimed that migration agents “do not make or repeal the rules, that it must have been some minister,” and that they “could travel that same day if the problem is resolved.”

For his part, Juan Antonio Madrazo, activist and director of the organization Comité Ciudadanos por la Integración Racial was met at home by an army officer who called himself “Alejandro” and informed Madrazo that he could not travel, stating that he “must stay in his home, and that there would be no traveling to Colombia for the General Assembly for him, nor for others.” This is the third time that the activist and human rights defender has been blocked from leaving Cuba to attend one of Race and Equality’s activities this year.

Meanwhile, the activist Jimmy Roque from the organization Guardabosques and the LGTBI organization Proyecto Arcoíris was informed at the airport by migration authorities that he was not allowed to leave the country because he was currently “regulated.” It is notable that Roque was also detained for 24 hours on May 11th of this year to prevent him from participating in Cuba’s unofficial LGBTI Pride parade. This is the second time that he has been prohibited from leaving the country.

Finally, the activist Madelyn Rodríguez, member of the Consejería Jurídica e Instrucción Cívica in Pinar Del Río, having already passed through airport security, was informed at the migration checkpoint that she was regulated and that “she could not travel, at least not today.” Upon being questioned, the migration official indicated that the airport staff “only carried out decisions and therefore did not know why Rodríguez was restricted.” However, the staff also stated that it was due to the General Assembly that she could not exit.

These activists and human rights defenders had been invited by Race and Equality to participate in the Inter-American Forum against Discrimination, a space of dialogue and reflection within the General Assembly featuring Epsy Campbell, the vice-president of Costa Rica, and Commissioner Margarette May Macaulay, Special Rapporteur on the Rights of Afro-descendent Persons & Against Racial Discrimination and on the Rights of Women. Furthermore, the activists planned to take part in dialogues with OAS Secretary General Luis Almagro and with the region’s Ministers of Foreign Affairs.

Although the Cuban government is suspended from the OAS, independent civil society can participate in the organization’s activities. Such participation is a legitimate exercise of their rights.

Race and Equality recently finalized an analysis of Cuba’s justice system, finding that the Cuban government utilizes “regulations” on human rights activity to prevent rights defenders from leaving the country, with the goal of preventing them from reporting rights violations in international arenas.

In keeping with Race and Equality’s commitment to the defense and promotion of human rights, we will continue supporting Cuba’s independent civil society in demanding their rights and continue calling for the Cuban government’s compliance with its human rights obligations.

Civil Society Organizations from Latin America and the Caribbean will participate at the 49th OAS General Assembly

Throughout the 49th General Assembly of the Organization of American States (OAS) in Medellín, Colombia from June 25-28, the International Institute on Race, Equality and Human Rights (Race and Equality), alongside a variety of organizations from Latin American and Caribbean countries including Brazil, Colombia, the Dominican Republic, Bolivia, Peru, Ecuador, and Nicaragua, will coordinate several events discussing the panorama of human rights in the region, especially among vulnerable populations and in countries currently facing violence.

All events will be broadcast live on Race and Equality’s Facebook page. There will also be extensive coverage of the events on social media, under the hashtags #AsambleaOEA and #RazaeigualdadOEA

Below please find details for each of the events that Race and Equality will host during the regional summit:

INTER-AMERICAN FORUM AGAINST DISCRIMINATION

Objective: To reflect upon and analyze the situation of Afro-descendent people in Latin America and the Caribbean in the framework of the International Decade for People of African Descent.

  • Date: Tuesday, June 25
  • Time: 8:30am – 1:00pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

You can find the full program here (in Spanish only).

Opening:

Carlos Quesada – Executive Director of Race and Equality.

Panelists:
Erlendy Cuero Bravo – Vice-president AFRODES, Colombia
Paola Yánez – Regional Coordinador, Red de Mujeres Afrolatinas y Afrocaribeñas de la Diáspora
Margarette May Macaulay – IACHR Rapporteur on the Rights of Persons of African Descent and against Racial Discrimination
Christian King – Executive Director, Trans Siempre Amigas, Dominican Republic
Rodnei Jerico da Silva – Coordinador SOS Racismo, Brazil
Catherine Pognant, Director of the Office of Civil Society, Organization of American States
Juan Antonio Madrazo, National Coordinator, Comité Ciudadano por la Integración Racial, Cuba
Harvey Maradiaga, Coordinator ADISNIC, Nicaragua
Elvia Duque, representant of Race and Equality

Moderators:
Adriana Rodríguez –  Race and Equality
Cecilia Ramírez – Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP)

THE IMPLEMENTATION OF THE COLOMBIAN PEACE ACCORDS: SOCIAL INNOVATION AND DEVELOPMENT IN AFRO-COLOMBIAN TERRITORIES

Objective: To discuss the opportunities for meaningful and effective implementation of the peace accords in Colombia, while also identifying the causes of increased killings of Afro-descendent social leaders.

  • Date: Tuesday, June 25
  • Time: 5:00pm-7:30pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:
Ángela Salazar, Commissioner, Colombian Truth Commission
Nixon Ortiz, Fundación Arcoíris libre de Tumaco
Audes Jiménez, Red de Mujeres Afrolatinoamericanas y Afrocaribeñas y de la Diáspora (RMAAD)
Emigdio Cuesta Pino, Conferencia Nacional de Organizaciones Afrocolombianas CNOA
Melquiceded Blandon, Consejo Nacional de Paz Afrocolombiano (Conpa)

Moderators:
Elvia Duque, Race and Equality
Wilson Castañeda, Caribe Afirmativo

WHERE IS NICARAGUA HEADING? CHALLENGES TO HUMAN RIGHTS IN THE CONTEXT OF CRISIS


Objective:  To discuss the challenges facing Nicaragua after 14 months of crisis, particularly the obstacles to guaranteeing human rights in the country, and to discuss the path to renewed dialogue between the Nicaraguan Government and the Civic Alliance for Justice and Democracy.

  • Date: Wednesday, June 26
  • Time: 6:30-8:30pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:

Roberto Desogus, Coordinator for Nicaragua on the Office of the United Nations High Commissioner for Human Rights
Antonia Urrejola, Commissioner and Rapporteur for Nicaragua, Inter-American Commission on Human Rights
Sofía Macher, member of the Interdisciplinary Group of Independent Experts (GIEI), Nicaragua
Marlin Sierra, Executive director CENIDH
Azahalea Solís, member of Alianza Cívica and representative of the MAM
Lucía Pineda, Head of Press 100% Noticias

Moderator:
Ana Bolaños,  Race and Equality

LAUNCH OF THE IACHR REPORT “RECOGNITION OF THE RIGHTS OF LGBTI PEOPLE”

Objective: For the first time in Colombia, Race and Equality will debut the results of an IACHR study published in May on the advances that American states have made the protect the rights of LGBTI people, so that other countries can advance the agenda of equality, inclusion, and non-discrimination for the LGBTI community.

  • Date: Thursday, June 27
  • Time: 6:00-8:00 pm
  • Location: Hotel Estelar Milla de Oro (Medellín)

Panelists:

Antonia Urrejola, IACHR Commisioner and Country Rapporteur for Brazil, Cuba, Jamaica, Trinidad & Tobago, and Uruguay.
Ernesto Zelayandia, Fellow IACHR Special Rapporteurship on the Rights of LGTBI Persons
Sandra Milena Arizabaleta,  Somos Identidad, Colombia
Alessandra Ramos, Transformar, Brasil
Belén Zapata,  Red de Jóvenes Afroperuanos Ashantí, Perú

Moderator: 

Mauricio Noguera, LGBTI Program Officer, Race and Equality

HUMAN RIGHTS ORGANIZATIONS URGE THE DOMINICAN REPUBLIC TO RESPECT & PROTECT THE IASHR

Santo Domingo, Dominican Republic, May 29, 2019 – The undersigned organizations express our concern regarding the State’s rejection of the Inter-American Court of Human Rights’ recent resolution with respect to the Dominican Republic, in which the Court reiterated its jurisdiction to hear cases against that State. The Inter-American Court determined that the Dominican Constitutional Tribunal decision TC-256-14, which, according to the State, would prevent the Court from making any ruling concerning the country, is invalid under international law.

On April 26, the Dominican State affirmed in a press conference that it will continue not to recognize the jurisdiction of the Inter-American Court on the basis of the TC-256-14 decision, despite the Court’s recent resolution. The current president of the Dominican Constitutional Tribunal and the former president of the Republic, Leonel Fernández, have made similar statements. It bears noting that in 1999, President Fernández himself formally accepted the jurisdiction of the Inter-American Court of Human Rights on behalf of the Dominican State. In addition, while different political actors have spoken out against the Court’s resolution, prominent legal experts have supported its conclusion, asserting that the Inter-American Court maintains its jurisdiction and that, constitutionally, its decisions are as binding as those of the Constitutional Tribunal.

As human rights organizations, we are concerned about the position expressed by representatives of the Dominican State, as it forms part of an effort by the State to limit access to justice for all people living in the Dominican Republic. It is important to point out that there are currently more than 86 cases of human rights violations with respect to the Dominican Republic before the Inter-American Commission on Human Rights (IACHR), which deal with issues such as women’s rights, political participation, the rights of persons deprived of their liberty, due process, and the right to an effective remedy before the law, among others, which could eventually be decided by the Inter-American Court of Human Rights. Given the Dominican State’s position, these victims may see their possibilities of justice and reparation seriously affected.

Over the years, both the IACHR and the Inter-American Court have been essential pillars for the defense and protection of human rights throughout the continent, and have contributed significantly to the advancement of human rights in our countries. Thus, for example, the organs of the Inter-American human rights system (IAHRS) have developed international human rights standards in the fight against corruption in countries such as Guatemala and Honduras, which have contributed to initiatives such as the International Commission Against Impunity in Guatemala (CICIG) or the Mission to Support the Fight Against Corruption and Impunity in Honduras (MACCIH). Likewise, they have been fundamental in the defense and guarantee of the rights of diverse groups such as LGBTI persons, persons deprived of their liberty, Afro-descendants and indigenous people, children, adolescents, people with disabilities, human rights defenders, and migrants, among many others.

It should be noted that, beyond the great uncertainty for the victims who already have received judgments in their favor, the position of the Dominican State with respect to the competence of the Inter-American Court limits the possibilities of all persons residing in Dominican territory to obtain redress for violations of their human rights in the absence of a solution at the national level. For them, the IAHRS may be the last hope of finding justice, truth and redress.

For all the above reasons, the signatory organizations, all of which work in the defense of human rights, urge the Dominican Republic to recognize its international obligations, legal certainty, and avoid limiting the guarantees of protection.

Download pronouncement

We appreciate the Inter-American Court of Human Rights’ resolution requiring urgent measures for Lucía Pineda, Miguel Mora, and 15 other political prisoners

Washington, DC, May 22, 2019 – The President of the Inter-American Court of Human Rights, Eduardo Ferrer MacGregor, issued a resolution yesterday, May 21, requiring the State of Nicaragua to immediately adopt the necessary measures to effectively protect the health, life, and personal integrity of 17 persons who were imprisoned for having made use of their legitimate right to protest.

Among the beneficiaries of the provisional measures are journalists Miguel Mora Barberena, Director of 100% News Channel, and Lucía Pineda Ubau, Press Officer of 100% News Channel, both of whom are represented by the International Institute on Race, Equality, and Human Rights (Race & Equality), the Nicaraguan Human Rights Center (CENIDH), and Violeta Barrios de Chamorro Foundation (FVBCH).

Pineda Ubau, 45, was detained together with Miguel Mora, 55, on December 21, 2018.  That day, several police patrols broke into the 100% News Channel television station’s facilities at night bearing arms.  During the operation, they dismantled and removed journalistic equipment and illegally detained the journalists.  The detention of the journalists was, according to the Inter-American Commission on Human Rights (IACHR) a consequence of “alleged reprisals for the exercise of their journalistic activity and the right to freedom of expression.”

Mora and his relatives had received precautionary measures from the IACHR just eight days prior to his detention, and currently he is detained in the La Modelo Prison, while Pineda received precautionary measures on February 22, 2019 and to date remains in the La Esperanza Women’s Prison.  Both await an oral public trial for the crimes of inciting, proposing, and conspiring to commit terrorist acts.

The measures granted

The other beneficiaries are student Amayva Eva Coppens; the leaders of the Masaya April 19 Movement Cristhian Rodrigo Fajardo, Yubrank Miguel Suazo, and María Adilia Peralta; members of the Managua April 19 Movement Kevin Rodrigo Espinoza and Edwin José Carcache; campesino leaders Medardo Mairena Sequeira and Mario Lener Fonseca Díaz; university professor Ricardo Baltodano; businesswoman Irlanda Undina Jeréz; sisters Olesia Auxiliadora Muñoz Pavón and Tania Verónica Muñoz Pavón; and human rights defenders Jaime Ramon Ampié Toledo, Julio José Ampié Machado, and Reynaldo Lira Luquez.

The measures granted by the President of the Inter-American Court of Human Rights require the State of Nicaragua to immediately evaluate the granting of alternative measures to imprisonment for 12 of the beneficiaries, including journalists Miguel Mora and Lucía Pineda.  Five of the beneficiaries of the measures were imprisoned May 20, 2019 and placed under house arrest.

In addition, they provide, following the acquiescence of the State, that a delegation of the Inter-American Court of Human Rights will visit the Esperanza Women’s Prison and La Modelo Men’s Prison to interview the beneficiaries and diverse State authorities.  The Inter-American Court of Human Rights delegation will be comprised of its President, Vice President, another judge, the Secretary, and the Secretary’s staff.

In accordance with the provision of the President of the Inter-American Court of Human Rights, the State of Nicaragua must report no later than June 1 on the urgent measures it has adopted in order to comply with the resolution.

Our position

Race & Equality, CENIDH, and the Violeta Barrios de Chamorro Foundation, in our capacity as representatives of Miguel Mora Barberena and Lucía Pineda Ubau, embrace with hope the resolution issued by the President of the Inter-American Court of Human Rights regarding the 17 people imprisoned in Nicaragua who are in a state of extreme gravity and urgency and in need of preventing irreparable harm in the face of the continuous torture, assault, and ill treatment they receive from the authorities and prison officials.

We urge the State to immediately ensure compliance with the resolution issued yesterday by the President of the Inter-American Court of Human Rights, and that it fulfill its obligation to guarantee that the detained persons are in conditions compatible with the respect for their human dignity, their right to health, and their personal wellbeing.  In addition, we expect the State of Nicaragua to guarantee the beneficiaries’ access to the visits of their relatives, lawyers, and doctors so their physical ailments can be duly addressed.

 

Signed:

International Institute on Race, Equality, and Human Rights (Race & Equality)

Nicaraguan Human Rights Center (CENIDH)

Violeta Barrios de Chamorro Foundation (FVBCH)

 

Human rights defender Vilma Núñez asks the IACHR to demand respect for the right of association in Nicaragua

Jamaica, May 9, 2019. Yesterday, the President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), Vilma Núñez, asked the Inter-American Commission on Human Rights (IACHR) to address the State of Nicaragua in conjunction with the relevant bodies of the United Nations regarding the right to freedom of peaceful assembly and association in the country. That right that has been widely violated by the authorities during the crisis that has enveloped Nicaragua since April 2018.

Núñez’s request was made during the regional hearing entitled “Human rights, development and freedom of association” during the 172nd session of the IACHR. The hearing occurred five months after the CENIDH’s legal status was invalidated.

“Thirty years of work by CENIDH were practically eliminated on December 12, 2018, when the National Assembly, controlled by the Ortega-Murillo presidential couple, annulled our legal status,” Núñez said. “On the night of December 13, the Ministry of the Interior gave the order to break into our offices in Managua, and 60 policemen forcefully entered through the roof. They tied our guard’s hands and feet together, beat him, and forced him to remain under a desk for four hours. They destroyed and stole everything,” she added.

Nuñez explained that the Chontales office of CENIDH was also ransacked by the police. On December 14, the organization’s bank accounts were frozen.

Eight other NGOs in the same situation

In addition to having canceled the legal status of CENIDH, the National Assembly invalidated the legal status of eight other Nicaraguan organizations: the Let’s Do Democracy Association, the Center for Health Information and Advisory Services (CISAS, for its initials in Spanish), the Institute for Strategic Studies and Public Policies (IEEPP, for its initials in Spanish), the Segovias Leadership Institute, the River Foundation, the Institute for Development and Democracy (IPADE, for its initials in Spanish), the Popol Na Foundation for Municipal Promotion and Development, and the Communication Investigation Center (CINCO, for its initials in Spanish).

“Repression has an impact on the development of our country in all aspects, since development requires a basic dialogue between the government and civil society, a smooth cooperation between governors and the governed. CENIDH, as well as the other organizations legally invalidated, represented a legitimate expression of citizen participation for the defense and promotion of human rights,” Núñez emphasized.

The human rights defender also denounced that the National Assembly that outlawed nine NGOs has granted legal status to parastatal associations, including the one named “Defenders of the nation.” “This is the legalization of paramilitarism in our country,” stated Núñez.

Petition

Núñez asked the IACHR to accurately assess the status of violations of the right of association in Nicaragua and to include this information in its report on the country.

In addition, she requested that the IACHR demand that the State of Nicaragua, in conjunction with the UN Special Rapporteur on the right to freedom of peaceful assembly and association, respect the right to freedom of association, the right to collectively defend rights, and consequently, immediately restore  the legal status of CENIDH and the other eight NGOs and return all of their assets.

Reactions

Other human rights defenders from Ecuador, Bolivia, Brazil, Venezuela, and Colombia also participated in the hearing to denounce violations of the right to freedom of association in their respective countries.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Clément Nyaletsossi, urged defenders to send his office information that can be used as an input on his next report and called on States to eliminate any restrictions on this human right.

“Today we see how, in Venezuela and Nicaragua, the living conditions of citizens are deteriorating because civil society cannot offer their services. Civil society must stimulate and mobilize communities to fight against inequities,” he said.

During the hearing, the Special Rapporteur for freedom of expression of the IACHR, Edison Lanza, revealed that his office is working on a thematic report on social protest in the Americas. “The idea is to develop clear standards regarding the interaction and connection between freedom of peaceful assembly and association with the development of democracy, and economic, social, and cultural rights in the countries,” he explained.

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