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.”

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

Pride Day: The 50th anniversary of the Stonewall Riots

Washington, June 28th, 2019.  On June 28th, millions of people around the world commemorated the 50th anniversary of the Stonewall Rebellion. Stonewall is considered a historic event for the LGBTI movement in the world, and is named after an event that took place in a gay bar located in New York called Stonewall Inn.

At that time, many North-American states treated homosexual relationships as crimes, and in New York people were forced to wear clothes according to their biological sex. Bars could not even sell drinks to homosexuals or anyone who would challenge cisheterossexuality. Many police raids used to happen in which owners, employees and customers would be arrested.

On June 28th, 1969, police entered the Stonewall Inn bar and began arresting employees and customers. However, instead of simply submitting, on that day the people decided to resist. Customers started throwing coins at the policemen, resisting the very common police raids. Then the revolt intensified and even Molotov cocktails were thrown at the door.

This unexpected reaction of people who were tired of all the repression of that time began a series of protests in the following days. A year later, these people organized the first Pride March. However, by telling this story you can risk making some figures who led those episodes and who were extremely important for the history of the LGBTI movement invisible. This is the case of Sylvia Rivera and Marsha P. Johnson.

Silenced Voices: Sylvia Rivera and Marsha P. Johnson

Sylvia Rivera was one of the emblematic figures in the revolts started at the Stonewall Inn, and is recognized as one of the activists who were in the front line of the riots, being essential to the agitation and mobilization of the protesters.

Sylvia was born in 1951 in New York. She was poor, Latina and a sex worker. Her parents were two immigrants from Puerto Rico and Venezuela, and she suffered abuses by the police all her life. She was abandoned by her father in the first years of her life and her mother committed suicide when Sylvia was only 3 years old. She started living on the streets when she was 11 years old.

Sylvia was a close friend of Marsha P. Johnson: black, transgender, poor and a sex worker. Born in New Jersey in 1945, she arrived in New York at the end of the 60s. Although very little is known about her childhood, it is known that Marsha was a great political activist: she would shout in the streets, mobilize marches, give interviews and just like Sylvia, she would be constantly criminalized.

Both Rivera and Johnson were at the front line of the Stonewall resistance processes, but they were more than that. A year after the Rebellion, Johnson and Rivera founded the organization Street Transvestite Action Revolutionaries (S.T.A.R.), which provided shelter, food and clothing for some 50 trans people living on the street in conditions of poverty. Marsha and Sylvia supported this project with the money from their own sex work. However, in an interview in 1989, Rivera says that when she and Marsha asked for help from other organizations in the community made up of teachers and lawyers (white and upper middle class) that could help with some resources, those people turned their backs. There was nobody to help them.

In fact, as the LBGTI movement would grow, mostly gay men, usually white, would assume leadership and ostracize trans people like Johnson and Rivera, because they believed that figures like them, with all their unusual clothes, on the one hand, could bring them more disrespect to the community and, on the other hand, would make difficult the argument that there was no difference between gays, lesbians and heterosexuals.

The apex of the tension was in the March of 1973, when Rivera was booed while she reminded that, were it not for the drag queens, there would be no gay liberation movement and that they were the front line of the resistance.

For an intersectional pride

The story of the involvement of people like Marsha P. Johnson and Sylvia Rivera in the Stonewall Riots highlights how the LGBTI community cannot be seen in a homogeneous way, as if all experiences were the same and, above all, as if rights reach the LGBTI population in the same way once achieved.  They don’t. More than that, this story explores the limits of alliances inside the LGBTI community, which cannot use trans people only as a bridge to conquer rights or status.

Besides that, Marsha and Sylvia embody intersectionality in their lives, evidencing the importance of considering several social markers to think about the processes of constructing identities, such as race, class, nationality, ethnicity, identity and expression gender, sexual orientation, among other axes of oppression.

Johnson and Rivera give us the opportunity to reflect that, rather than just including, for example, references to gender in race debates and vice versa, intersectionality should be a tool to make a commitment to experiences, knowledge, struggles and agendas policies that emerge from the resistance to the various axes of domination and oppression. This is even for evident for those who are in the lower spheres of recognition of humanity – as was the case of Marsha P. Johnson and Sylvia Rivera and continues to be the case of so many black and Latin trans persons, who continue to figure as the victims of many human rights violations.

In these 50 years of the Stonewall Riots, Race and Equality wants to renew our commitment to the resistance of people whose lives are marked by oppression based on their race, identity or gender expression, sexual orientation, class or nationality, and we take this opportunity to invite the entire LGBTI community to engage in a struggle for equality that does not close its eyes to those who do not enjoy white, gender, male and class privileges or any conditions that allow them to experiment a humanity that is not experienced by all. The struggle for equality cannot leave behind those who need it the most.

Eighteen LGBTI people were murdered in Brazil in May

Violence against LGBTI people in Brazil continues to take lives, confirming the serious lgbt-phobic context in Brazilian society. In May, the media in Brazil reported at least eighteen murders of LGBTI people: fourteen transsexual women and travestis[1],  three lesbian women, and one gay man.

In general, the murders maintain the cruel characteristics of manifestations of hate for LGBTI lives described in the Briefing on Murders and Violence against Transsexuals and Travestis in Brazil in 2018, prepared by the National Association of Travestis and Transsexuals (ANTRA): a high number of stabbings, shots, burned bodies, etc.

In Salvador, Bahia, a lesbian couple were stabbed to death by a neighbor who had previoulsy expressed aggresion against them. According to the Dossier on lesbian behavior in Brazil, lesbocide exists as an integral part of patriarchy, since lesbians are considered women who do not submit to the heterosexual norms that allow male domination over heterosexual women.

In Belo Horizonte, Minas Gerais, on May 12th, a travesti who was not identified was stabbed to death at least 15 times on the back, head, shoulder, and neck.

In the city of Bacabal, in Maranhão, the travesti Melissa, 33, was also stabbed to death and had her hand cut off. When she was found, her hand was over her mouth, in order to symbolize that she was talking too much.

On the 30th, the body of oldest travesti from the town of Seabra, in Bahia, was found burned inside her house. Although her age was uncertain, she was known to be between 70 and 80 years old.

Despite this grim state of affairs, May was also the month in which the death of a transsexual woman was registered as a feminicide for the first time, by the police of the state of São Paulo. The case occurred in February, when the trans woman, Raiane Marques, 36, was murdered on the coast of the state after a discussion with a man she met the night before.

For Bruna Benevides, Secretary of the Political Coordinating Body of the National Association of Transsexuals of Brazil (ANTRA, for its initials in Portuguese), the designation of the murder as feminicide symbolizes the struggle for the recognition of their feminine identity that the Brazilian trasvesti and transsexual population is fighting for on a daily basis.

Ms. Benevides recalls that when the law of feminicide was negotiated in the National Congress, there was a debate in order to remove the expression “gender identity” so that the law would not protect trans people. The trans activist is disappointed that the recognition of the gender identities of trans women is late and occurs after such a barbaric act of violence:

“We see that the advances and set-backs of our discussions are having an effect and transforming society’s view of our population. It’s a pity that this happened late, and in response to deadly violence.”

Race and Equality will continue its struggle for equality and calls on the Brazilian State to investigate the killings of LGBTI people and to guarantee a decent life for this population.

[1] Travesti is a gender identity that exists in some Latin American countries such as Brazil that describes people assigned male at birth who take on a feminine gender role and gender expression, sometimes through the use of feminizing body modifications such as hormone replacement therapy, breast implants, and silicone injections.

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About the autor:

Isaac Porto – LGBTI Consultant for Race and Equality in Brazil

International Day Against Homophobia, Biphobia and Transphobia.

While commemorating the International Day Against Homophobia, Biphobia and Transphobia, we remember the unmet obligation of all countries, especially those in Latin America and the Caribbean, to support persons with diverse sexual identities and gender expressions, as well as to acknowledge and protect their rights. Respect for these rights must be the base for creating public policies and programs that create diverse, peaceful, and just societies.

Although there has been considerable progress in the recognition of LGBTI rights for people around the globe, violence that endangers the physical and moral integrity of those who express diverse sexual orientations or gender identities is still prevalent. A general lack of concern and complicity on the part of the general population perpetuates and makes it impossible to overcome structural violence against LGBTI people. In addition, the lack of access to health, education and work services of these individuals reproduces dynamics of poverty, discrimination and violence.

In Latin America and the Caribbean, acts of hate and discrimination are often based in religious beliefs or principles. These dogmas frequently restrict identity to binary gender norms that do not recognize diverse expressions, and prevent this population from asserting their rights in social and political spheres.

The Experience of LGBTI People in Latin America 

The outlook for LGBTI people in Latin America and the Caribbean for 2019 continues to be discouraging. They are facing the threat of losing advancements that were already fought for and won because of efforts of fundamentalist groups that are continuously spreading misinformation and stigma against LGBTI individuals.

Similarly, it is concerning that intolerance continues to be one of the main motives behind murders committed against LGBTI people, which are often carried out with excessive cruelty. Statistics on these crimes are mostly collected and analyzed by civil society, while States show a lack of interest in collecting this information or in adequately documenting and investigating these crimes.

Brazil, for example, is a country with one of the highest rates of murders of trans persons, according to a report presented by Brazil’s National Association of Travesties and Transsexuals (ANTRA) and the Brazilian Trans Education Institute (IBTE). The report documents that in 2018 alone, a total of 163 trans individuals were violently murdered because of their sexuality and gender expression. According to ANTRA’s president Keila Simpson, these cases occurred during an election period and were motivated by anti-LGBTI speeches given by some of the Brazilian presidential candidates. This situation continues to deeply concern civil society organizations that are working on the defense of LGBTI rights, especially in the context of the current Bolsonaro regime in Brazil. This regime has emphatically refused to denounce or even acknowledge the existence of the concerning violations of LGBTI people’s rights.

Likewise, in the Dominican Republic, the situation for LGBTI people is alarming because of the lack of public policies that promote social acceptance. Civil society organizations have reported many cases of violence against these individuals, but they are not taken into account by state institutions or mass media. According to the last annual report made by the Inter-American Commission on Human Rights, this situation results in greater discrimination against LGBTI people, who also face discrimination based on nationality, race, ethnicity, religious beliefs, gender, etc.

The Dominican State’s refusal to acknowledge the rights of LGBTI rights allows for social acceptance of violence and aggression towards these individuals. Even state authorities often do not see this violence as a problem, as described in a report published by Amnesty International and TRANSSA Trans Siempre Amigas on abuse, violence, and police harassment against trans women sex workers. These women are victims of constant acts of violence perpetuated by police agents who are motivated because of prejudices around their gender identity.

During this significant day, it is important to consider the difficulties that people with diverse sexual identities and gender expressions have in accessing justice. Particularly, laws and government programs in most of the countries of the region have partially or completely ignored the specific ways the LGBTI population’s rights are violated. State responses to these violations must be designed for the specific needs of this population. For example, according the Victims Registry (Registro Único de Víctimas – RUV), created as a part of the Colombian peace process, 3.368 victims of the armed conflict are reported and recognized as LGBTI. Most of them are reported as victims of forced displacement, threats, homicides, and crimes against sexual freedom and integrity. However, one person may have been victim of multiple crimes. Colombia must use these statistics to create programs to address the specific needs of the LGBTI population, who have been victimized in multiple ways.   

Challenges for inclusion

To decrease the poverty and marginalization experienced by LGBTI individuals, shared prosperity for all social groups must be promoted. States have a duty to work toward this, given that one of the principles of the Sustainable Development Goals (SDGs) is to “not leave anyone behind.” Additionally, the five areas for the protection of LGBTI people prioritized by the United Nations Development Program (UNDP) are: 1) economic wellness; 2) personal safety and elimination of violence; 3) education; 4) healthcare; and 5) political and civic participation.

There are still many challenges in the region for protecting the rights of LGBTI people. One of these challenges is the lack of data about the LGBTI population and their needs. If States have no information on LGBTI people, they cannot design programs that will have the needed impact. This lack of data also impedes the development of progressive policies that can achieve the SDGs and the goals of the UNDP.

LGBTI people are victims of intersectional forms of violence that interact with prejudices about their sexual orientation or their gender identity. For example, the violence against an Afro-descendent trans woman who lives in a rural area must be thought from an intersectional perspective that considers these different aspects of identity. This intersectionality is lived by many LGBTI individuals and is not contemplated by States when planning strategies to guarantee their rights. In consequence, gay, lesbian, bisexual, transsexual, and intersexual individuals are revictimized because their reality is not adequately analyzed.

Regional governments should start implementing intersectional policies that recognize the multiple oppressive experiences lived by each person. These policies must recognize that individuals do not fall under one category, but experience the world in ways influenced by their many different identities, including race, age, sexual orientation, and gender identity. In most cases, these identities interact and are experienced intersectionally. Having separate policies for different population categories continues to isolate people and produces more barriers to access to rights.

Secondly, there must be recognition of the particularly vulnerable populations that require immediate and clear protection from the State. Homicidal violence and violence perpetuated by State armed agents against trans people in general, and Afro LGBTI people in particular, shows the need for a prompt solution. The structural discrimination against this population requires a significant intervention from the States and should be prioritized in the region in order to substantially decrease those cases of violence and abuse.

Finally, the current context shows an increase in the popularity of religious fanaticism, which endangers not only the safety and integrity of LGBTI individuals, but also the development of democratic and secular States. Religious fanaticist ideas are boomerangs that tend to hit their own promoters. Tactics of moral blame, sexual repression, or criminalization of people based on religious beliefs promote social instability and lead to a radicalization of opinions and actions. The defense of a secular State is more important than ever when specific religious groups are trying to violently impose their beliefs on others.

Statement 

The Institute on Race, Equality and Human Rights (Race & Equality) joins its voice to thousands of organizations working for the protection of LGBTI people’s rights so that “Justice and Protection for Everyone” can be a commitment assumed by the States and a reality for all individuals. In making this commitment, policies and actions have to be made to protect those that have historically been more vulnerable and oppressed by those who have abused their power.

Race & Equality is aware of the importance of listening to the voices of LGBTI people and calls on States to promote education and dialogue so that inequality, discrimination, and marginalization can be eradicated. Likewise, we urge the international community to continue making statements to promote the protection of LGBTI individuals, especially in this moment of crisis for human rights throughout Latin America and the Caribbean.

COMMUNITY RESISTANCE: VIOLENCE AGAINST AFRO LGBTI INDIVIDUALS IN TUMACO

Tumaco was in the news media last month due to an ongoing humanitarian crisis of widespread violence towards the civil population. The problems of Afro LGBTI individuals are not being taken into account by any specific State institution, but community initiatives struggle to change this reality.

A HISTORICALLY DISPUTED PLACE

Tumaco is a municipality that has historically faced many challenges, such as a high presence of armed actors as a consequence of trade in illicit drugs as well as having the highest illegal growing areas for coca leaf, ascending to 19.000 hectares in 2018.

The civilian population continues to be the principal victim of attacks by armed actors throughout the region. Violence intensifies for Afro LGBTI people, who are constantly discriminated against by their families, within their close social circles, and by State institutions.

Tumaco is living a political crisis which is not being duly reported on by the national news media. Tumaco’s elected mayor is currently detained awaiting trial because he is accused of committing a series of crimes associated with the diversion of millions of Colombian pesos of public funds. In consequence, there the citizens have no confidence in the most important local state institution (the Mayor’s Office). This situation decreases the population’s sense of presence of adequate state institutions, and spreads violence by promoting spaces in which armed forces can feel safer to commit violent acts without sanction.

THE TIP OF THE ICEBERG: THE SITUATION OF AFRO LGBTI INDIVIDUALS

Afro-LGBTI individuals are currently suffering from human rights violations, but they are also a part of a group that has been historically discriminated against. The intersection between past and present violations is important to discuss. Afro-Colombian communities have been relegated to inhabit the country’s geographic periphery and live in conditions of extreme poverty. This is a result of racism that is not being talked about.

The mere existence of Afro LGBTI people in the region bothers sectors of armed groups because of prejudices associating them with crime, poverty, and disease, among other biases. Afro LGBTI individuals are submitted to crude forms of violence, including threats, torture, and even homicides, either at home, on the streets, or in institutional spaces.

On top of that, these prejudiced beliefs  are shared by other members of their own community. Thus, there are not many ways in which the community can understand how victims of prejudice-based violence face specific daily struggles. This demonstrates the need for more work on informing people about the respect of all forms of diversity in their own communities, so that everyone can begin to speak about how they live their own dynamics of violence in safe spaces.

In Tumaco, LGBTI people are potential victims of typical violence due to the armed conflict, but also due to prejudice-based violence. In addition, state institutions do not have specific details of violence forced upon LGBTI people in the context of the armed conflict because victims do not tend to denounce those crimes to the police or the Prosecutor’s Office. This happens in most cases because there is a persistent fear of new threats or violence if they report the crimes. According to Nixon Ortiz, Executive Director of ‘Fundación Afrocolombiana Arcoiris de Tumaco,’ in the context of Colombia’s armed conflict, the Afro LGBTI population faces serious situations of forced displacement. These cases are not being fully denounced to the authorities “because of fear, so the population has not yet been able to tell their whole truth.” The zone is still living in violence, but the violent practices are different. Nixon describes that, “before there was more noise, now [violence] is committed more silently.” This means that previously, the violence predominately took the form of physical aggressions, but now there are more cases of private threats. This worries him and his concern is understandable. In “noisy” cases, the institutional and social responses have not been adequate. Now, in this context of subtle demonstrations of violence, sources of help will be even weaker.

There are no signs of a prompt solution to the current situation of violence. Nixon describes how the path of progress in the eradication of violence is difficult in a country as collapsed and as polarized as Colombia, with a government that is not capable of responding to victims’ needs to access human rights and dignified living conditions. In addition, many of the people in power in state institutions have radical, anti-LGBTI beliefs and have no motivation to improve the quality of life of this population.

Nixon stresses that violence is suffered in remote areas of Colombia, but civil society is working to change this situation. According to Nixon, the Afro-LGBTI civil society in these areas is working on initiatives to defend their human rights. These initiatives reclaim music, poetry, and chants from the cultural heritage of the Afro-Colombian population. These projects are important because LGBTI people’s Afro culture and social customs were taken away from them because of violence and forced displacement. In order to encourage these initiatives and turn them into successful policies at the state level, Nixon stresses that it is necessary for the State to “sit down and talk with the local population,” because he believes that social change has to begin with strengthening those initiatives formed in remote areas with their own cultural approaches.

“TODAY, THERE ARE MORE OF US”: LOCAL RESPONSES

Community initiatives like that of Arcoiris must be made visible to the state institutions in Colombia that have the duty to protect civil society. Community projects’ activities are focused on documenting needs that are not met by the state. The projects seek to use this data to have a better idea about where to begin focusing their efforts. In addition, these initiatives include community social activities that can begin to eliminate social prejudices and build forms of reconciliation and true peacemaking. This is currently happening in Tumaco with the Afro LGBTI initiative of Arcoiris, which creates spaces inside the municipality where people can learn about diversity and begin to make consensus between them, setting their prejudices aside. Highlighting those initiatives –and even more important, guaranteeing safety for those who participate in them- may be a significant source of knowledge for the state to create better strategies to improve the quality of life of those who live in Colombia’s remote areas.

For Nixon, base organizations help to strengthen social relationships, because they provide important education to the people of the region about social diversity and they always seek to highlight the importance of diverse societies that recognize their own Afro experience. Therefore, he proposes that the State give more attention to local community projects, providing them with strategic help beyond mere financial aid, such as different forms of mentoring or technical training.

Arcoiris also works with the local government because of its presence in their territory. Thus, they have been working with the Secretary of Government, the Secretary of Gender Issues of Tumaco, and the Department of Nariño. Significantly, Arcoiris members have brought attention to the LGBTI population in Tumaco and they have achieved local, national and international recognition for their work. They have also been able to teach LGBTI individuals about their own rights. In this way, Nixon comments how “when we started, there were few of us; today there are many more of us.”

Arcoiris proves how people who are discriminated against because of their gender expression, sexual orientation, or race can decide to unite, break the silence surrounding the violence exerted on their bodies, and propose solutions through community action by working on events, forums, social activities, and proposing alternatives of public policy to their local authorities. This community project identifies problems that were not visible by working directly with people and asking them about situations that are being currently unattended by the state, and that have not been brought to the attention of state institutions or even among the general society. At the same time, these initiatives generate bonds of affection and support between individuals who are victims of prejudice-based violence in the territories.

LGBTI IN TUMACO’S AGENDA

The community project of Arcoiris is based on respecting the differences of race, gender expression, and identity among individuals, but it also seeks to reject unnecessary divisions. Arcoiris wants to unite the LGBTI population across the region, while bringing attention to the particular issues faced by the Afro-LGBTI population. Their commitment extends beyond holding one-off events, but rather to also develop deeper relationships in order to “collectively look at the needs of the territory in order to move forward.” The example of Arcoiris demonstrates why attention must be focused on the protection of this community leaderships as well as projects that are working to improve living conditions, so that all individuals can feel like a part of their community as equals. This is especially true for Afro LGBTI people, who have been victims of discrimination and violence, as mentioned before.

Having the presence of state agencies in the region is not enough to achieve equality. The presence of institutions that guarantee dignified living conditions is a duty of the state, and in Tumaco, these services have historically not been provided. However, social equality also begins with changing the way in which we define how communities work, including the importance of respecting all forms of sexuality, gender identity, and diversity in general. Local initiatives are working in order to teach people within their municipalities or communities about this idea of diversity. Projects focused on making activities that build a society that includes all people in Colombia on the basis of real equality can help us to construct a nation at peace when it is most needed. Local initiatives that spread this idea of a better society have to be made visible and protected by the State so that everyone can reconstruct a country that has been excessively burdened by a form of violence towards individuals that is clearly racist, sexist, homophobic, and transphobic, and that seeks to perpetuate all kinds of oppression structures.

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About the autor

Cristina Annear
Junior Lawyer for Colombia at Race and Equality

 

Seven Cases of Violence against LGBTI Persons Were Reported in Brazil at the End of April

The alarming numbers of cases of homicides, persecutions, harassment, and discrimination against LGBTI people in Brazil expose the obvious social and political crisis that makes it impossible to guarantee and protect the fundamental rights of historically disadvantaged and unrecognized social groups. From April 18-25, at least five (5) homicides of LGBTI persons occurred in Brazil, in addition to two assassination attempts, all of which were carried out with visible brutality.

Among these cases, at least four of them were of trans women, or travestis. Travesti is a gender identity that exists is some Latin American countries, like Brazil, and that describes people assigned male at birth who take on a feminine gender role and gender expression, sometimes through the use of feminizing body modifications such as hormone replacement therapy, breast implants, and silicone injections.

On April 18, the body of a travesti was found with marks of violence in Fortaleza, capital of Ceará. The police could not identify the victim.

On April 19, a travesti was shot in Foz do Iguaçu, in the state of Paraná. Through a video, it is evident that she had to walk in the street to get help at the Mobile Emergency Response Service (SAMU). She was shot by two men who were on a motorcycle. The men ran away soon after.

On April 21, a person named Bruneide was also shot in the city of Porto Velho, in Rondônia, by two men on a motorcycle. After the shots, both of them ran away. From the news reports, it is not clear how Bruneide self-identified.

Also on April 21, the travesti Rayssa was murdered in Caucaia, Ceará. The shots were discharged by two men and one of them hit her in the head. Rayssa died as a result of her wounds.

On the same day, the body of Antonio Marcos Joventino da Silva, a gay man, was found in the city of Camutanga, in Pernambuco. There were signs of stabbing and torture. Witnesses told police he had been involved in a bar fight the night before.

On April 24, Ari Ribeiro da Silva, an LGBTI activist, was stabbed to death in the city of Parauapebas, Pará. According to witnesses, Ari was seen in a bar accompanied by a man. They left the bar going toward the victim’s beauty salon, where the body was found. The suspect was arrested.

On April 25, the hairdresser John Steven Serna was found dead inside his house in Manaus, Amazonas. The victim was possibly struck by a knife in the chest and in the neck. The police reported that the objects of the residence were overturned and the body was in a room covered with sheets, with hands tied.

In the same week that all these attacks occurred to LGBTI individuals, Brazilian President Jair Bolsonaro made a sexist and lgbtphobic speech in which he state that “Brazil cannot be a country of the gay world, gay tourism. We have families.” And, “whoever wants to come here to have sex with a woman, feel free.” The statement can be added to the president’s usual statements that encourage and approve violations of the rights of women, young people, Afro-descendants, and LGBTI persons.

The International Institute on Race, Equality and Human Rights calls upon the Brazilian State to commit itself to creating a healthy environment for LGBTI people, as well as carrying out investigations so that this community can live without the constant threat of violence. Brazil is internationally obligated to guarantee the fundamental rights to life and personal integrity of LGBTI individuals.

Sete casos de violência a LGBTI foram reportados no Brasil la última semana de Abril

Leia aqui artigo em português

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About the autor:

Isaac Porto – LGBTI Consultant for Race and Equality in Brazil

“This is a person who deserved to die.  She should not be in this life”. Review of Colombia’s first-ever conviction for Femicide of a Trans woman

The facts

Ányela Patricia was a trans woman who worked as a hairdresser in the municipality of Garzón in the department of Huila.  In contrast to the life experiences of other trans women in Colombia that have been marked by stigma, she was recognized and loved by the community.  It is thus that when Ányela was assassinated in February 2017, the community of Garzón took to the streets during her funeral to march with posters and flags, calling for an investigation into her homicide (see here the image and news about it: http://www.lanacion.com.co/2017/02/11/lo-mate-porque-me-hizo-dano-homicida-de-estilista/).

The incidents that occurred in February 2017 apparently transpired quickly in Ányela’s hair salon in the morning hours: she was shot several times by Mr. Davinson Estiven Eraso, who on a previous occasion in August 2016 had tried to attack Ányela with a machete and was stopped by the intervention of [her] friends and relatives.  Although on this occasion the alleged assailant was taken to a police station, no further consequences ensued with regard to this antecedent (particularly serious because the matter was limited to a police detention proceeding without a criminal investigation that delves into the gravity [of the act], as occurs in many cases in Colombia).

When Mr. Eraso finally achieved his goal in 2017, he was caught by the authorities, before whom he declared he had carried out unfinished business, additionally adding in front of regional media of the department of Huila that Ányela was a person who should die: “This is a person who deserved to die.  She should not be in this life.”

The sentence

The Second Criminal Circuit Court, led by Judge Catalina María Manrique Calderón, sentenced Mr. Eraso as the author of the crime of aggravated femicide for the crimes established in the Criminal Code, Articles 104 A and 104 B, and the crime of illegally bearing arms.  Nonetheless, he was declared immune from prosecution because during the criminal process he demonstrated signs of schizophrenia associated with, among other things, drug dependence and in any case, with “the existence of a permanent mental disorder.”  As such, the assailant was ordered imprisoned for 20 years in a psychiatric institution or an establishment that could appropriately attend to him.

There are several elements that are fundamental to understanding this sentence and that represent important progress in terms of the approach to violence committed against trans women, including the following we wish to highlight: recognition of gender identity; recognition of the motivation behind gender-based violence and indictment for the crime of femicide; [and] use of national and international regulatory frameworks.  Nonetheless, other issues should [also] be carefully reviewed in the name of criminal procedural guarantees.

Recognition of gender identity

One of the first signs of clear progress made by this sentence represents a milestone in Colombia: the express recognition of the victim’s gender identity.  It might seem to be a small thing, but keeping in mind that while sentences and decrees exist in Colombia that recognize the gender identity of trans persons, in this case the scope of the recognition of gender identity also translates into the possibility of applying a criminal regulation that traditionally has been utilized exclusively to protect the lives of cisgender women, despite the fact that Article 104 A also recognizes gender-based violence against women.

This recognition is important because it clarifies the concerns of public prosecutors and lawyers in this matter, as evidently the Office of the Public Prosecutor in this case adopted an interpretation regarding gender identity consistent with Colombian jurisprudence and the recommendations and international declarations in this area.  This had very concrete effects, one of the most interesting of which was the acceptance by the Office of the Public Prosecutor in a court of first instance as supporting evidence regarding the female gender identity of the victim the testimonies of friends and relatives who recognized Ányela as a transgender woman, as well as her expression of feminine gender.  Secondly, while the Office of the Public Prosecutor mentions the existence of surgical interventions that had been performed on the victim’s body (breast augmentation), this is considered to be a supplementary part of the construction of her own identity.

Recognizing the victim’s identity is very important because for some public prosecutors and jurists working in this field, gender identity could only be proved through changes in identification documents – the personal identification credential.  This, of course, would be an unnecessary requirement that would contravene Colombian constitutional jurisprudence, as well as international standards in this matter, in the sense that gender identity is made up of actual life experiences and is not based on legal recognition.  This proposition of the Office of the Public Prosecutor was seconded by the judge hearing the case that, although it delves into the description of the autopsy which describes the surgical intervention, it takes up anew the social construction of Ányela as a woman who was well-known in her community.

In conclusion, there is no single standard for proving gender identity; therefore, demanding a sex change that is recorded in the public registry as proof would not acknowledge the personal and social processes for constructing gender identity.

 Recognition of the motivation behind gender-based violence and indictment for the crime of femicide

As a result of the Office of the Public Prosecutor’s recognition of the victim’s gender identity, it is not only possible to indict for the crime of femicide, but in addition, the gender identity itself of the victim becomes a central element for understanding the motivation for the violence.

When there is an indictment for femicide in the case of a trans woman, it not only requires a woman to be the victim but also for the motivation behind the violence to be related to the fact that she is a woman or due to her gender identity.  In this case, both the Office of the Public Prosecutor as well as the judge who heard the case agreed that in light of the fact that the assailant followed the victim and saw her repeatedly in her hair salon, he was able to establish the victim’s gender identity; this was also evidenced in situations of verbal aggression in which he insultingly mentioned Ányela’s gender identity.

The fact that the assailant had followed Ányela, verbally attacked her, and even progressed to the point of trying to attack her with a bladed weapon (machete) in 2016 prior to the homicide denotes a context of persecution and violence based on the victim’s gender identity.

While the sentence could have been richer in detail in order to make a clear connection between the assailant’s prejudice, the violence, and its relationship to the victim’s gender identity over the course of the trial, the Office of the Public Prosecutor was able to demonstrate that the fact that Ányela was a trans woman played a fundamental part in her homicide.  In declarations made by the assailant to some media outlets, Mr. Eraso clearly manifested a series of social prejudices and stereotypes that were negatively linked to his perception of trans persons.  This type of declaration accords with the investigation standards such as those employed in the United States for gathering data on hate crimes [and] denotes prejudice by the assailant against trans persons in this case.

Use of national and international regulatory frameworks

Another aspect that, while previously mentioned, merits being highlighted: the application by the judge hearing the case of national and international standards for understanding gender identity in this case.  For the judge, understanding her duty is framed by the protection and recognition of gender identity, whether through constitutional jurisprudence pursuant to the C-584 sentence in 2015 (among others) that recognizes gender identity, or the interpretation of the scope of the Colombian State’s responsibility to investigate this type of violence, in accordance with the OAS declarations signed by the State, adherence to the Inter-American Court sentence in the Karen Atala case that explains gender identity as a different category of sexual orientation, and the use of the Yogyakarta principles as an important referent.

While the judge does not delve into all of these legal referents, she employs them as points of reference for juridically positioning the discussion regarding the recognition of gender identity, the obligation to investigate, and the appropriate application of criminal justice in this concrete case.

The discussions that remain outstanding

An initial observation that can be made regarding the body of the sentence would be to give preference both in the text as well as throughout the entire criminal trial to the recognition of identity vis-à-vis the victim’s name.  While the name ‘Ányela’ is recognized in the text of the sentence, throughout the text her masculine name, as recorded in the National Civil Registry [‘registraduría’], is repeated over and over, whereas Ányela’s identity-based name should have been given preference in the reasoning of the sentence.  In future, the identity-based name could be utilized throughout the sentence, with an initial clarification that the victim’s identity is fully established in the registry with a masculine name but that, as an integral part of the sentence, the identity-based name of the victim will be given preference.  This should also be standard practice throughout all legal proceedings involving a trans person, whether the person is the victim or the suspect.

A larger problem covers the use of aggravating circumstances.  On one hand, while an aggravating circumstance is applied related to the state of the victim’s defenselessness at the moment she was attacked, an[other] aggravating circumstance is applied related to the victim’s gender identity.  This is an important discussion and merits careful analysis in order to prevent the violation of procedural guarantees of the accused.

As has been mentioned, in this case the recognition of the victim’s gender identity allowed for the application of the crime of femicide because the gender identity of the victim was recognized and [the fact that] she was socially recognized as a trans woman.  Nonetheless, this same crime considers one of its aggravating circumstances to be that the violence be committed due to the victim’s sexual orientation (or gender identity, taking into account constitutional jurisprudence).  It is strange that a person who is charged with criminal responsibility for an action – in this case, assassinating a person due to her gender identity – in addition has his sentence increased because he committed the action due to the victim’s gender identity.

This double jeopardy for criminal responsibility would be a clear violation of the rights of the accused and in this case, be susceptible to being appealed.  A clearer or more logical example of when this aggravating circumstance could be applied would be in the case of a cisgender female victim of femicide who had additionally been assaulted due to being bisexual or lesbian, in which case the aggravating circumstance would clearly be in effect due to sexual orientation.

These theoretical clarifications in criminal matters are essential for safeguarding the procedural guarantees of the accused who in all cases has criminal rights and guarantees that must be protected.

In conclusion

We have here a sentence that makes progress in recognizing trans women’s identity and resolves some practical discussions that should be held during the course of criminal proceedings, both in the investigation process and imputation by the Office of the Public Prosecutor, as well as in the legal proceedings themselves.

Other aspects that could be expanded in the future are the standards for establishing the connection between the assailant’s prejudice and the violence he/she visits upon the victim; for the time being, the express knowledge of gender identity [and] prior existence of verbal and physical violence are useful for demonstrating the occurrence of a femicide-focused assault in this type of case.

Other aspects meriting greater discussion are preventing double jeopardy for criminal responsibility for the same actions with the use of aggravating circumstances that center the analysis on gender identity in the case of trans persons.  Giving preference to other aggravating circumstances – such as in this case the victim’s state of defenselessness – appears clearer and more protective for the victimizer.  In any case, the defense of those of trans persons is not at odds with the procedural guarantees of the accused.

 

About the Autor:  Mauricio Noguera
LGBTI Program Officer for Latin America

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