Victor Madrigal meets with more than 30 LGBTI+ people from Mexico with the support of Race and Equality

Victor Madrigal meets with more than 30 LGBTI+ people from Mexico with the support of Race and Equality

In Mexico, the United Nations Independent Expert on sexual orientation and gender identity, Víctor Madrigal-Borloz, met with local authorities, leaders, and LGBTI+ organizations of two Mexican states to promote his mandate.

From July 17th to the 22nd, the United Nations Independent Expert on Sexual Orientation and Gender Identity (UNIESOGI), Víctor Madrigal-Borloz, held a promotional visit to two Mexican states –Oaxaca and Mexico City—, which were conducted in alliance with the International Institute on Race, Equality and Human Rights (Race and Equality), represented by the Senior LGBTI Program Officer, Zuleika Rivera. Likewise, the United Nations Office of High Commissioner for Human Rights (OHCHR) was present, represented by Niza Castañeda, Human Rights Officer.

During his visit, he met with more than 30 LGBTI+ people of different organizations, leaders of civil society, and local authorities dedicated to the protection and promotion of LGBTI+ rights, with the goal of learning more about the situation of LGBTI+ people in Mexico and to provide information to participants on the functions of the mandate and the various forms of participation for civil society. Additionally, the Independent Expert and Race and Equality participated in the 6th Conference of LGBTI Political Leaders of the Americas and the Caribbean, where Madrigal-Borloz was invited to participate as a panelist.

Dialogue with the muxhe community

On July 18th, the “Dialogue of authorities and the muxhe/trans community of the region of Istmo with the Independent Expert” was held in Istmo de Tehuantepec, Oaxaca, Mexico, which was convened by the Technical Institute of the Isthmus, the Proyecto Transformándome, Mexfam and other civil society organizations. “In Oaxaca there exists a narrative and language of inclusion and respect for the communities of the Isthmus, lessons that are beneficial for the world. Indigenous peoples, African people, and Asian civilizations have known sexual and gender diversity as phenomenon that are part of the richness of society,” expressed the Independent Expert at the meeting.

The dialogue was attended by authorities such as Mariano Rosado López, Secretary of the Municipality of Juchitán de Zaragoza, and Juan José Rementeria Orozco, Director of the Technical Institute of the Isthmus (TecNM), who expressed his wishes for an inclusive education for the muxhe community and LGBTI+ people. Also in attendance was the first muxhe municipal representative, Carisia Cabrera, who described the challenge of reaching the governorship and the constant struggle to be representative, as sexism and racism have always existed.

The meeting was also attended by leaders, local groups, and secular actors, and had the purpose of establishing a link with the muxhe community and other sexual diverse communities, allowing listening and articulation of needs in health, security, justice, work, and social inclusion. In this regard, Jenni Natalia Santiago, from Ellas Deciden, a network of lesbian, bisexual and gender-diverse women, pointed out that colonial processes keep ancestral gender identities silent and that it is necessary for the Mexican State to recognize their existence and the barriers they face in accessing opportunities.

United Nations Independent Expert on sexual orientation and gender identity, Víctor Madrigal-Borloz, at the “Dialogue with authorities and the muxhe/trans community of the region of Itsmo” at the Technical Institute of the Isthmus of Mexico.

Meetings with civil society

Over two days, the Independent Expert on SOGI, Victor Madrigal-Borloz, met with Mexican civil society organizations in three thematic roundtables, where they addressed issues such as migration, human mobility and its impact on LGBTI+ persons, disappearances, hate speech and hate crimes, and the rights of LGBTI+ persons deprived of liberty, LGBTI+ indigenous and Afro-Mexican peoples, and trans youth.

Mexico has one of the borders with the highest migratory flows and, in the last year, the number of LGBTI+ people in migration has increased, including youth and adolescents. In addition, extreme violence at home and on the streets and lack of opportunities due to sexual orientation and gender identity are the main causes of expulsion from their places of origin. In the country, there is no specific migration policy for LGBTI+ people, neither in the national migration law nor in the federal asylum law, so there are no mechanisms of care; in addition, hypersexualization and racial profiling is very common.

On the other hand, civil organizations have a constant struggle for truth, justice, reparation, and for the memory of the victims of disappearance and hate crimes. The country has not been able to build an official registry of LGBTI+ persons and the Missing Persons Search Commissions and Prosecutor’s Offices in Mexico do not recognize diverse families’ ability to initiate the search processes for LGBTI+ missing persons. In addition, there is a lack of training in forensic anthropology to correctly treat the bodies of trans persons.

Likewise, it is necessary to recognize and respect the rights of LGBTI+ persons in detention centers in Mexico. LGBTI+ people deprived of their liberty are often victims of systematic violations of their rights and cruel and inhumane acts, with trans people facing these acts with greater severity. Likewise, hate speech and the presumption of criminality reinforce discrimination against indigenous populations, LGBTI+ Afro-Mexicans, and trans youth and children.

Víctor Madrigal-Borloz in thematic meetings with Mexican LGBTI+ civil society organizations.

Víctor Madrigal-Borloz in thematic meetings with Mexican LGBTI+ civil society organizations.

LGBTI+ Political Leaders

The Independent Expert and Race and Equality participated in the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean, the largest event that brings together openly LGBTI+ leaders, public servants, and allies, where Víctor Madrigal-Borloz was invited to participate in the panel “Betting on democracies, bursting with color”. During his portion of the panel, the Independent Expert reflected on how the creation of the mandate is a sign of the fight for political spaces, 30 years ago it was unthinkable that sexual orientation and gender identity would be discussed at the United Nations.

The main objective of the 6th Conference, in which around 500 people participated, was to provide a space for dialogue, capacity building and networking and exchange of experiences in the field of citizen and political participation to move towards equality. Something important to highlight is that, during the meeting, the first LGBTI+ caucus in Brazil was created to combat the systematic attack on LGBTI+ rights promoted by the extreme right. This delegation is composed of more than 23 political authorities, members of the government and social organizations, among them federal deputy Erika Hilton, Duda Salabert and state deputy Linda Brasil.

Part of the Institute on Race, Equality and Human Rights work is to support the promotional visits of the mandates of the United Nations and the Inter-American Court of Human Rights (IACHR) for the rights of LGBTI+ people. In this regard, Race and Equality reaffirms its commitment to accompany their efforts to ensure the equality and dignity of LGBTI+ people.

Miguel Ángel Alanis (Race and Equality), Niza Castañeda (OHCHR), Alex Leal (UNIESOGI), Zuleika Rivera (Race and Equality) at the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean. In the second photo: Victor Madrigal-Borloz participating in the panel "Betting on democracies, bursting with color".

Victor Madrigal-Borloz participating in the panel “Betting on democracies, bursting with color”. In the second photo: Miguel Ángel Alanis (Race and Equality), Niza Castañeda (OHCHR), Alex Leal (UNIESOGI), Zuleika Rivera (Race and Equality) at the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Cuba: At Pen Point

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

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

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

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

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

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

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

*** More information about the events ***

Inter-American Forum against Discrimination

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

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

Live: via Zoom and Facebook Live 

On-site registration here

Simultaneous translation in Spanish, Portuguese and English. 

Cuba: At Pen Point

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

Venue: National Press Club, Washington D.C.

Live Broadcast: Zoom and Facebook Live 

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

Simultaneous translation in Spanish and English. 

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

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

Venue: National Press Club, Washington D.C.

Live Broadcast: Zoom and Facebook Live 

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

Simultaneous translation in Spanish and English.



Lesbian Visibility: Couples, Families and Lesbian Maternity Homes

Washington D.C., April 26, 2023– On the International Lesbian Visibility Day, the Institute on Race, Equality and Human Rights (Race and Equality) believes it is necessary to talk about the visibility of family diversity made up of lesbians and non-binary lesbians, either with or without children, the right to love outside of the heterosexual framework, and still enjoy the legal protection of the State.

Although international law recognizes that all people are equal before the law,[1] the legal protection for same-sex couples, in terms of equality, is not the same. The inability to marry, adopt, and be recognized as a family due to lesbophobia and structural discrimination keeps lesbians and their children unprotected.

According to Statista, in Latin America, equal marriage is legal only in seven countries and in some Mexican states. In the case of Cuba, following the adoption of the new Family Code, persons of the same sex could marry and adopt, however, lesbians remain invisible. “There are articles and laws that address diversity, but we continue to be discriminate. My partner Kirenia Núñez and I have been together for seven years, and in all that time we have suffered lesbophobic violence. We have been violated for being activists and for being lesbians in a country where the state doesn’t really recognize us,” said María Matienzo, a Cuban writer who was forced to leave the island.

Up until 2008 in Nicaragua, the “crime of sodomy” was enforced in Article 204 of the Criminal Code, which criminalized same-sex relations with sentences of up to three years in prison.

Despite the repeal of this Article, lesbian women and non-binary lesbians of Nicaragua are exposed to religious fundamentalisms, hate speech, machismo, and a lack of protection by the State. The Nicaraguan Constitution does not recognize the right to self-determination with respect to gender identity or equal marriage, which makes it impossible to form families of lesbian parents, having or adopting children, and inheriting as a surviving spouse.

When States do not legally recognize or protect lesbian families, they leave them without access to other rights such as inheritance, social security, widowhood or divorce pensions, custody or adoption of children, housing, employment, credit, visits to hospitals and prisons, among others. In addition, this helplessness extends to their children and their most fundamental rights such as recognizing their two mothers and bearing their surnames.

In Peru, Jenny Trujillo and Darling Delfín, two lesbians married in Mexico, are suing the Peruvian State before the Inter-American Commission on Human Rights (IACHR) because the National Registry of Identification and Civil Status (RENIEC), since 2016, refuses to register them as mothers on their son’s National Identity Card (DNI) even though the Judiciary ordered him to do so.

Last year, after five years of being discriminated against as lesbians and mothers, Jenny and Darling went to international courts with a petition and request for precautionary measures to guarantee: a life without discrimination, the best interests for their son, free development of personality, personal freedom, among others.

Although equal marriage does not exist in Peru, Article 2050 of the Civil Code and the Constitution provide recognition of marriages and rights acquired abroad. “We have faith that soon more lesbian mothers will be able to have their sons or daughters recognized and protected by the Peruvian State, and that there will no longer be the need to leave our country to seek legal recognition,” says Jenny Trujillo.

In the case of Colombia, there was an equal marriage law that recognized same-sex unions; however, institutional obstacles persisted that discriminated against women, not only because they were lesbians but also because they were of African descent. “Families of lesbian parents made up of black women exist. We are tasked with mothering from a place of love, respect, and empathy. We often encounter institutional barriers that do not recognize us as mothers of our children, that make us invisible, that do not allow us to enjoy the rights that we as mothers have. The families of lesbian black women are here, and we want to be visible,” says Sami Arizabaleta, activist and director of the Afro-Descendant Foundation for Social and Sexual Diversity – Somos Identidad.

Advisory Opinion 24/17 of the Inter-American Court of Human Rights on the International Protection of Same-Sex Relationships is clear when it indicates that the American Convention does not establish a closed concept of the family. Not even one model is protected. For this reason, “the rights resulting from affective relationships between couples are usually protected by the Convention through the Family Institute and the Family Life Institute.”[2]

States must fulfil their obligations regarding the principle of equality and non-discrimination provided in Article 24 of the American Convention on Human Rights, which is elaborated extensively in General Comment No. 20 of the United Nations Committee on Economic, Social and Cultural Rights.

Considering this, Race and Equality raises some recommendations for States on measures to protect the rights of lesbians:

  • Guarantee the right to a family and the civil rights of lesbians and GBTI+ people through the legal recognition of lesbian mothers and diverse families.
  • Guarantee access to equal marriage and maintain unrestricted respect for rights acquired abroad.
  • Develop mechanisms that prevent the criminalization of lesbian mothers in processes of custody of their children.
  • Strengthen training programs for State officials to guarantee dignified treatment of lesbians and GBTI+ people in public services.
  • Implement Comprehensive Sexual Education policies that guarantee respect for sexual diversity and gender identities.
  • Register, document, and analyze violence against lesbians and GBTI+ people to formulate policies that respond to their needs.
  • Guarantee access to justice. Investigate and punish discrimination and crimes committed against lesbians and GBTI+ people.
  • Promote access for lesbians and GBTI+ people.
  • Create accessible political spaces and positions of power to guarantee the right to political participation without violence and with the representation of identities.
  • Implement assistance programs for cases of violence due to prejudice in and out of the home.

Note: In Brazil, there are two specific dates for the lesbian movement: August 19, Lesbian Pride Day, and August 29, Lesbian Visibility Day. Therefore, the Brazilian Lesbian Movement feels represented by these dates that contemplate the struggle and history of Brazilian lesbian women.

[1] Art. 24 of the American Convention on Human Rights.

[2] Art. 174 of OC 24/17 of the Inter-American Court

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Independent Expert on Sexual Orientation and Gender Identity Visited Peru with the Support of Race and Equality

The UN Independent Expert on Sexual Orientation and Gender Identity met with State authorities, students, and LGBTI+ organizations from two regions of Peru to promote his mandate.

From November 21 to 26, the IE SOGI, Victor Madrigal-Borloz, held a promotional visit in Peru, which was carried out with our Senior LGBTI Program Officer, Zuleika Rivera, along with the support of the Institute on Race, Equality, and Human Rights (Race and Equality).

During his visit, Mr. Madrigal-Borloz met with various State authorities, university students, and LGBTI+ human rights organizations from Arequipa and Lima, Peru. The purpose of this trip was to provide information on 1. The functions of the mandate and 2. The mandate’s critical support in effective sate measures to address SOGI-based violence and discrimination.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, in one of the meetings with LGBTI+ organizations in Lima, Peru.

It is worth mentioning that the SOGI mandate was created in 2016 thanks to the advocacy work of a group of civil society organizations worldwide. Through the mandate’s creation, the UN Human Rights Council affirmed its commitment to combat discrimination and violence on the grounds of SOGI and reminds all States of their obligations towards LGBTI+ and gender-diverse persons. To learn more about the work of the mandate and access its reports, visit the official website.

Dialogue with civil society

Arequipa was the first stop for the IE SOGI. There representatives of transmasculine, lesbian, and gay organizations highlighted the issues they face due to their sexual orientation and gender identity in the region, as well as the stigmas towards LGBTI+ persons that are generated from conservatism.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, at the meeting with LGBTI+ organizations in Arequipa, Peru.

In addition, four thematic meetings were held in Lima: a) Discrimination, b) Violence, and Access to Justice; c) Data; d) Health and Comprehensive Sex Education; e) and Gender Identity. These meetings incorporated dialogues with various LGBTI+ individuals and organizations. Peru is one of the countries within the Andean region that does not have a gender identity law, so there is no administrative procedure that facilitates legal name change nor the “sex” category in the National Document of Identification (DNI).[1]

On the contrary, trans people must litigate through the courts against the National Registry of Identification and Civil Status (RENIEC), which constantly appeals favorable resolutions that are in accordance with the human rights of trans people. You can watch the interview that Race and Equality conducted with Bruno Montenegro on the subject.

In turn, the same entity refuses for Jenny Trujillo and Darling Delfín, a lesbian couple, to get their child an ID that registers two mothers on the identification document; learn more here. Regarding discrimination and violence against LGBTI+ persons, the State’s registration systems do not include sexual orientation and gender identity categories, as a consequence there is no database with disaggregated records that account for the number of LGBTI+ persons violated.

Juveniles and the law

The UNICXS Legal Office —a project of the Academic Office of Social Responsibility in Peru’s Faculty of Law at the Pontificia Universidad Católica del Perú that offers free legal advice in cases of discrimination based on sexual orientation and gender identity— invited Victor Madrigal to give a workshop to discuss his mandate, the criminalization of LGBTI+ people around the world, and the task of guaranteeing the human rights of all people.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, at the workshop for members of the Unicxs Legal Clinic, of the Pontificia Universidad Católica del Perú, in Lima.

Moreover, the IE SOGI also met with various Peruvian State authorities, including the Peruvian Foreign Minister, Cesar Landa, and the Congresswoman of the Republic, Susel Paredes.

Race and Equality, reaffirms support for the mandate of the Independent Expert in order to contribute to the visibility and respect for the rights of LGBTI+ persons. In this sense, it will continue to promote its visits to the countries of the region so that LGBTI+ activists and groups learn about the work of the mandate and collaborate with its documentation and analysis actions.

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[1] The DNI, Documento Nacional de Identidad, is the Peruvian version of an ID card. It’s the only personal identity card recognized by the Peruvian State for all cases (civil, commercial, administrative and judicial) in which a person has to identify themselves.

Trans Memory: The Intersectional Murder of Trans People in Latin America

On Transgender Day of Remembrance, we highlight that hate crimes against trans people are in relation to race, class, and gender. The majority of victims are black trans women, migrants, and sex workers.

Washington D.C., November 20, 2022. In the world, there are people who die as a result of transphobia and indifference, many in anonymity and impunity. Today, on Transgender Day of Remembrance, The Institute on Race, Equality, and Human Rights (Race and Equality) wants to commemorate trans lives by preserving memory and vindicating the right to equality, non-discrimination, and a life without violence that is often motivated by hate.

November 20 was marked on the calendar in tribute to Rita Hester, a trans woman of African descent who was cruelly murdered on November 28, 1998, in her Boston apartment, as narrated by NBC News, two days before her 35th birthday. After the horrific event, Gwendolyn Ann Smith, another trans woman and American activist, launched a vigil in her name, which gathered around 250 people. By then, several LGBTI people in the United States were killed, many of which were black trans women.

Rita Hester became a symbol of memory and recognition for all trans people who were killed for “failing” to meet social expectations and gender norms.

These murders have a racial component

As every year, on the eve of November 20, TGEU’s Trans Murder Monitoring (TMM) published its annual report on murders of trans and gender-diverse people worldwide. According to the data, between October 1, 2021, and September 30, 2022, there were 327 murders worldwide, of which 95% of the total number of people killed were trans women or trans-feminine and more than half were engaged in sex work. In addition, the report notes that 35% of the people killed in Europe were migrants. Moreover, the region that has been reporting the most in recent years is Latin America and the Caribbean, where 68% of deaths are concentrated.

Other important factors that the report incorporates are race and age. Trans people of color account for 65% of recorded murders and most murdered victims were between the ages of 31 and 40. The most common place where the murders occurred was the street followed by the victim’s own residence. It is worth mentioning that many of the murders continue to go unreported or are misclassified. In most countries, the States do not have registration systems that include ‘gender identity or sexual orientation’ categories leaving human rights organizations to collect this data.

Cuba and Nicaragua: There is No Information on Authoritarian Regimes

While some civil society organizations in the region make efforts to collect and notify crimes committed against trans and gender-diverse people, in authoritarian governments such as Cuba and Nicaragua, the political situation makes it extremely difficult. LGBTI+ and human rights organizations in general are persecuted for denouncing human rights violations.

Although there is a 2016 study by the National Statistics Office of Cuba (ONEI) which articulates that there are more than 3,000 transgender people living on the Island, there is no official system that records violence against them. In addition, LGBTI+ organizations cannot freely collect this information. Nicaragua is in a similar situation. Although there is no official record of murders, the latest report from the Observatory of human rights violations of LGTBIQ+ people in Nicaragua – a project of the La Corriente Collective indicates that during the second quarter of 2022, 10 trans women and 1 gender binary person were victims of violence. However, the number of trans people killed is unknown.

Brazil, Mexico, and Colombia: The Most Dangerous Countries in the Region for Trans People

At the beginning of this month, some residents of Ibicaraí, in the south of Bahía (Brazil), helped Kauana Vasconcelos, a 16-year-old trans adolescent, who had been stabbed and abandoned in a vacant lot. She was taken to the Arlete Marón Municipal Hospital, but did not survive. The identity of the attacker is unknown.

According to figures collected by the Trans Murder Monitoring, Brazil holds 29% of murders in the world, the highest percentage globally. Of 327 murders in total, 96 occurred in Brazil. Last year, the National Association of Transvestis and Transsexuals (ANTRA) reported 140 murders of trans people, of which 81% were black people and 78% of the total were sex workers. In January next year, for the month of trans visibility, ANTRA will release updated figures on the murders of trans people.

In Colombia, in July of this year, Ana Paula Albino was assassinated in her own home. She was violently attacked with a sharp weapon and then suffocated. The murderer, who was identified by security cameras, is being prosecuted. After Brazil (96 murders) and Mexico (56 murders), Colombia is one of the most dangerous countries in the region for trans people. So far this year, there is a record of 28 trans people murdered.

Justice for Seb and Rodri

The entire world was shocked by the suspicious death of Rodrigo Ventocilla while he was in police custody in Indonesia. He and his husband Sebastian Marallano, two young Peruvian activists, traveled to Bali on August 6 of this year to celebrate their honeymoon. In Indonesia, Rodrigo was arbitrarily detained after Denpasar airport security officers saw that his identification document differed from his gender expression. He was inspected and accused of drug trafficking when the security officers found medication for Rodrigo’s mental health among his belongings, even though he had a medical prescription. Although there were no charges against Sebastian, both were taken into custody by local police. On August 9, the two were transferred to the Police Hospital for suffering an alleged decompensation, however, the doctors did not perform blood or urine tests due to lack of assets, as indicated. Rodrigo’s classmates from the Harvard Kennedy School, since he was doing a master’s in Public Administration, as well as his lawyers, were prevented from seeing them. Rodrigo died on August 11 in circumstances that the Indonesian authorities have not been able to clarify. In total, they spent 5 days in custody. Families are denouncing extortion and torture for transphobia and racism.

In Peru, it is uncertain how many trans people are killed, since crimes based on prejudice are not classified as such by the Peruvian justice system. Many trans and LGBI+ people are even criminalized, pathologized, and discriminated against by State institutions. The Trans Murder Monitoring has reported only 3 deaths this year. Hate speech and negative and prejudicial media coverage fuel stigma and social exclusion against trans people.

Dominican Republic

Earlier this month, the organization TRANSSA (Trans Siempre Amigas) issued a joint statement with the Network Sin Violencia LGBTI and the Observatory on Human Rights of Trans Persons (in Spanish ODHPT) to alert authorities of the disappearances and murders of LGBTI people in the country. “We demand that the authorities give priority to this problem, we know that they have increased the number of people in the department of missing persons, but the number of personnel and technological resources to find answers quickly and effectively is still insufficient…” So far this year, TRANSSA has recorded the death of one trans person.

Urgent Measures

From Race and Equality, we remind States of their obligation to respect and guarantee the rights of all people without any discrimination, so we made the following recommendations:

  • Systematically collect data on acts of violence and murders against transgender persons, disaggregated by gender identity, sexual orientation, ethnic-racial identity, and age.
  • Adopt the necessary laws and policies to guarantee the recognition, respect, and inclusion of trans and gender diverse people.
  • Establish special mechanisms to respond to acts of violence and murders against LGBI and trans people, which lead to the clarification of the facts and the punishment of those responsible, as well as the establishment of guarantees of non-repetition.
  • Monitor and publicly sanction transphobic discourses reproduced in public and private institutions and in the media that incur calls for discrimination and violence against the trans population.
  • Promote, through the institutional framework and official channels, a campaign to educate and raise awareness about sexual orientation and gender identity among the general population, public officials, and public service personnel, to generate a context of recognition and respect for the integrity and life of LGBI, trans, and gender diverse people.

Editorial – Brazil: Blackening the political agenda with gender perspectives in the 2022 elections

Brazil, October 06th, 2022 – On October 2, Brazilians were heading to the polls to define the political scene for the next four-years in Brazil. These elections have sparked several episodes of political violence. In recent weeks, it has become clear that this violence is not only directed towards candidates, but also to voters, especially when they defend agendas considered progressive and linked to human rights. The International Institute on Race, Equality and Human Rights (Race and Equality), as a non-partisan organization, expresses deep concern around the challenges of a guaranteed Brazilian democracy, freedom of expression, and political participation during the election period.

Recent cases reveal the extreme brutality and attempts at silencing. For instance, on September 26, in Cascavel, Ceará, a man was stabbed to death after being asked about his vote and declaring that he would vote for former president Luiz Inácio Lula da Silva. Councilman and candidate for federal deputy, Renato Freitas, even had his mandate revoked by the Chamber of Curitiba, which was reinstated after the decision of the Federal Supreme Court that recognized the presence of structural racism in the act. Both situations point out that conservative practices are strategically implemented through the promotion of hate speech and the persecution of any opponent of their government, creating greater democratic disparity.

Fear has become an anti-human rights political tool, and as it has been denounced by Brazilian social movements, political violence is exacerbated when it permeates through the black and LGBTI+ population. Black, transvestite, and transgender women are systemically impacted through political violence as a way of making their political participation unfeasible, through use of offenses, threats, public humiliation, and intimidation.

We know that poverty in Brazil involves class, race, and gender and that this part of the population is still underrepresented in the spheres of power, whether in Congress, political parties, or state and municipal governments. Considering the importance of centering the racial agenda in the electoral debate and also in the government’s public policies, through this editorial we highlight the following: in a country whose population is mostly black (56%), with an unpayable historical debt between Afro-descendants and indigenous peoples [1], the political agenda needs to be darkened: the intersectional racial debate needs to be effectively incorporated in order to build political accountability for social inequality.

Debate around blackening the political agenda also means discussing the support and strengthening of black candidates committed to the racial agenda. TSE data show that, of the 28,966 candidacies registered in the court, 14,497 are from black people. However, a few days before the elections, most political parties had not reached the minimum percentages of transfers from the electoral fund to black candidates, who had received only 36% of the fund’s resources. It should also be noted that, on one hand, in the few electoral debates of presidential candidates, the racial agenda was not addressed, moreover among most Brazilian states, the candidates with real possibilities of winning the presidential and congressional elections are white and cis-heterosexual men.

Therefore, we highlight some political reflections that we consider urgent and necessary to break with the paradigms of violence proposed by the current discriminatory, racist, sexist and LGBTIphobic structure. Furthermore, this is a call to the political class and the social movement to, without fail, demand that any construction of public policies include the intersectional racial perspective of 2022-2026.

Black women: Racialization of the Maria da Penha Law and political plan for care economy

The most recent data show that in Brazil, between 2009 and 2019, the number of homicides against black women increased by 2%, while the number of homicides against non-black women fell by 26.9% in the same period. Thus, even after the implementation of the Maria da Penha Law, rates of violence continue to disproportionately affect black women. For these reasons, the black women’s movement claims the need to racialize the legislation for the construction of public policies that contemplate their safety.

The insertion of a social justice plan aimed at black women presents a reparatory path within a culture of hatred and violence against women. The current patriarchal structure needs to recognize the precarious living conditions and food insecurity in which most black women live in. We must not forget that a woman (black domestic worker) was the first death victim of COVID-19 in Brazil.

Racialization of the public security debate and federal accountability in the face of police lethality

As long as the racial agenda is not incorporated into the culture and militarized structure of public security in Brazil, the criminalization of the black population will continue to deepen in the country. It is essential that criminal justice practices seek new ways to combat violence and reduce mass black incarceration. In Brazil, the state does not take responsibility for the fundamental rights of its population and encourages violence through massacres and the reproduction of militias.

The number of licenses to carry weapons, expanded during the Bolsonaro government, and grew 325% in three years. In this way, we focus on the creation of collective strategies that seek a new public security policy to mitigate racist police violence, and encourage the collection, systematization, and referral of violations by state agents, especially in the favelas and peripheries of the state country.

Cartography of violence against LGBTI+ bodies in Brazil

It is important to remember that the LGBTI+ political agenda is not disconnected from the racial agenda, on the contrary, the violence data reflect that black trans women are the biggest victims of cruel murder in the country. Therefore, we focus on the transversality of public policies that can contemplate the LGBTI+ population in its particularities. It is necessary that data collection be a governmental responsibility and that a collective agenda be put into practice that starts from a sociocultural and educational reorganization, in which LGBTIphobic practices are in fact held accountable and do not remain unpunished. It is necessary to remove Brazil from the regrettable record of being the country that kills the most LGBTI+ people in the world and, for that, a governmental commitment to the rights of this population is necessary.

Religious racism: Implementation of a strategic plan to contain violence against African-based religions

In a secular state, the discourse that uses religion to legitimize and promote violence, as well as express prejudice, needs to be fought against. We express strong concern especially in a scenario of advancing neo-Pentecostal fundamentalism. Religion should not reverberate a culture of hatred and intolerance against other religions. In Brazil, we know that this hatred is directed especially towards practitioners of religions of African origin, and in recent years there has been an aggravation of what many terreiros and organizations have called religious racism. Thus, we urge the defense of the rights of African-based religions and traditional peoples of the country.

Indigenous peoples: representation and defense of Amazonian territories

We emphasize that the claims for the racialization of public policies contemplate, in their entirety, the ethnic-racial demands of the Brazilian population. Therefore, the native peoples and quilombolas need the new government to meet their specificities and protect their territories. Environmental racism occurs from the devastation of the Amazon Forest and indigenous and quilombola territories. This includes the disruption of sanitary and housing conditions of peripheral communities that live on slopes and riversides. Indigenous underrepresentation, whether in parliaments or in any other decision and power space, is leading to yet another decimation of many peoples, and exploitatively benefits agribusiness and mining companies.

The indigenous call for the end of the time frame is just one of the survival strategies in which they continue to denounce the massacre of their communities by miners. The increasing destruction of the Amazon rainforest continues to be denounced by activists and human rights defenders– a fact that has led Brazil to enter the UN’s “dirty list” as a dangerous country for these leaders. Thus, we insist that this governmental intimidation imposed on civil society with the closure of civic spaces cease, and we continue to demand that the next government reactivate committees and councils that value the preservation of human rights.

Implementation of international agreements that value the fight against structural racism

Since May 2021, Brazil has ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) and, as a next step, the government must implement the Convention. With the status of constitutional amendment, the CIRDI also deals with economic and social rights, representing a legal instrument that allows a new horizon for projects of historical reparation and representation.

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Over the last few years, Race and Equality has been working in Brazil to strengthen civil society organizations in the fight against racial discrimination and gender inequalities, fostered by current exclusionary policies and the growth of hate speech. Since then, as a human rights organization, we have continued to denounce human rights violations in the country. Difficult challenges continue to arise as civil society encourages the government to incorporate the intersectional racial debate.

Race and Equality will continue to monitor the Brazilian State and bring to light, at the international level, patterns of violations that are repeated at the expense of vulnerable populations. We are all responsible. There is no possible neutrality in a society who is the agency for change. Voting, in its democratic process, is the exercise of the right to change, and at this moment, an exit door for hate speech.

 

[1] Black, quilombola and indigenous population

Afro Latines Advocacy Week: Race and Equality brings organizations from Brazil and Colombia to Washington, D.C.

Washington, D.C., September 27th 2022 – From the 27th to the 30th of September, the International Institute on Race, Equality and Human Rights (Race and Equality) brings human rights organizations from Brazil and Colombia to Washington, D.C., working to promote and defend the rights of the Black and LGBTI+ population.  In order to promote an exchange of political advocacy strategies between the Afro-Latine and the Afro-American movements, the meetings will take place within the framework of Black Caucus Week; an annual conference of Black U.S. Congress that aims to boost and debate the civic engagement of the Black population. In addition, the delegation participates in academic meetings with U.S. civil society organizations and private meetings with congress members and state departments.

The Brazil-Colombia delegation present in Washington D.C is formed by the organizations: Geledés – Instituto da Mulher Negra (BR) that will be represented by Rodnei Jericó da Silva, Coordinator of SOS Racismo;  NGO Criola (BR) with the presence of the Project Coordinator, Lia Manso;  Somos Identidad (COL), with the Founder Johana Sinisterra and the Legal Representative Sandra Milena Ibarbo;  and the Asociación Nacional de Afrocolombianos Desplazados (AFRODES – COL), with the presence of Coordinator Luz Marina Becerra.  Representing Race and Equality, the Executive Director Carlos Quesada; Zuleika Rivera, Senior Officer of the LGBTI Program and Brazil Program Officer, Nathaly Calixto, will be present at these meetings.

In this exchange among Black Pan-American organizations, the Latin American organizations aim to take the Black and LGBTI+ perspectives of the global southern diaspora for an effective political impact, as well as exchanges of good practices so that they can move together to achieve plural racial justice. It’s important to emphasize that, for Race and Equality, these meetings are an opportunity to promote strategies of structural political changes with an intersectional bias; as Brazil is in the electoral period, Colombia’s President values racial agendas and, this year, the U.S. Congress goes through midterms elections.

“It’s precisely in this configuration that we empower organizations to act with political implications. Being able to talk to Black U.S. Congress members about the Latin American racial agenda is one way to influence the Biden administration, because it needs a congressional majority to pass its agendas.  It is in this sense that we plan to ensure and strengthen international human rights agreements on racial and gender justice and, in this case, there’s nothing better than organizations to guide the demands of their countries,” says Carlos Quesada.

Brazil and Colombia: In Search of Racial Justice

As the U.S. academic community seeks to understand and foster studies on the Black diaspora, the BRA-COL delegation will meet with academics and students at Howard University to share the efforts of regional civil society organizations in defending human rights. The idea is to show that even though racism is a global issue, the different sociocultural dynamics and the deficit economic contexts produced by centuries of colonialism, impact primarily on the most vulnerable populations in Latin America and Afro-Caribbean. In this case, to make known the racial and gender equity agenda of these organizations, can stimulate studies that provide, in  the future, the construction of equitable global public policies.

Brazil, for example, has the highest murder rate of LGBTI+ people in the world, and this incidence rate cross-referenced from an intersectional perspective is highest in trans-Black women in vulnerable situations. The organizations Geledés and Criola, together with Race and Equality in Brazil, conducted a survey monitoring the closure of civic spaces, in which they mapped that the rise of an ultraconservative agenda has generated attacks on the Brazilian democratic system, criminalization of human rights defenders and the immobilization of citizen participation councils and associations. With this, there are growing attacks and hate speech against Black women and elected LBTIs who intend to participate in the political life of the country.

In Colombia, for years the Afro-Colombian community has suffered a process of marginalization and vulnerabilization, and the civil society and Afro-Colombian leaders have denounced the existence of a geographical apartheid reinforced by structural and institutional racism.  This same structure resonates in erasing the struggle for the existence of ethnic peoples, which reinforce that civil rights in the country must be thought of in multiethnic and multicultural perspectives, taking into account how racist violence impacts these territories and racialized bodies. Similarly, for Colombian LGBTI+ people, the scene of gender and racial violence continues to increase: from January to June 2022,  354 victims of  sexual orientation assaults were recorded, 324 of whom suffered some physical abuse and  229 suffered these abuses within their own families.

The excessive use of police force in both Brazil and Colombia is a complaint presented to international human rights mechanisms.  The armed conflict in Colombia and police forces in Brazil intersect in the profile of their victims: Black people in vulnerable living conditions in territories whose presence of the state is marked by police violence. In Colombia, at least 1,144,486 people who identified themselves as part of the Black population were recorded as victims of armed conflict, according to data from the National Information Network, which corresponds to 38.38% of the total. In Brazil, the Brazilian Public Safety Yearbook points out that of the total of 6,145 deaths by police intervention, in 2021, 84.1% were Black and 15.8% were white.

Why the Black population is seen as a threat

In addition to this question and many others that permeate the racist structure that found the police corporations of Latin America, Race and Equality in partnership with organizations in Brazil and Colombia, continue in a regional project to confront and denounce racist police violence in both countries.  In the face of this meeting in Washington, D.C., police violence that intersects with the Black and LGBTI+ populations will also be the subject of meetings to placate this colonial modus operandi, in which Black bodies are exempt from the presumption of innocence and, because they exist, are victims of all violence and seen as a threat, whether in Latin American countries or Anglo America.

In view of this, racism, gender-based violence and LGBTIphobia pose the real threat to a system of oppression that disrespects inalienable human rights and international treaties that value their guarantees. For this, Race and Equality with the BRA-COL delegation intend to denounce to the American Congress members the current milestones of violation of the rights of the Black population and LGBTI+ Latin America. The exchange of these dissenting voices reaffirms the purpose of further denouncing racism and its different forms of violence that prevent the full exercise of citizenship, freedom of expression and the right to development of these countries as a call for partnership and inclusion of the Black population of all the Americas.

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