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

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.

IE SOGI and IACHR promote their mandates in the English-Speaking Caribbean

IE SOGI mandate and Rapporteur on the Rights of LGBTI persons meet with civil society organizations of the English Speaking Caribbean

From September 13-17, 2022, the mandate of the United Nations Independent Expert on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz; and the IACHR Rapporteur on the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons, Roberta Clarke, conducted a promotional visit to the English-speaking Caribbean, supported by the Eastern Caribbean Alliance (ECADE) and the Institute on Race, Equality and Human Rights (Race and Equality) and accompanied by Senior LGBTI Program Officer, Zuleika Rivera.

During their visit, the delegation met with various civil society organizations dedicated to working with LGBTI+ people and women in St. Lucia and other Caribbean States. The purpose was to promote their respective mandates and listen about the situation of LGBTI+ people in the country and the work the organizations do to combat stigmatization, discrimination, and violence.

IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of Raise your Voice St. Lucia.

SAINT LUCIA

In St. Lucia, the delegation held a dialogue on International Mechanisms and the rights of LGBTI+ persons. Victor Madrigal, the Independent Expert on SOGI, expressed the importance of holding this important exchange with civil society in the Caribbean. Commissioner Roberta Clarke, Rapporteur on the Rights of LGBTI persons, pointed out that only six Caribbean countries have ratified the American Convention on Human Rights, which is necessary to have access to the Inter-American Court. She also expressed concern over reports that violence against LGBTI+ persons may be under-investigated and characterized by impunity.

Representatives of civil society organizations also participated in the event, including Kenita Placide, Executive Director of ECADE, who highlighted the importance of civil society in the region working together to ensure that their voices are heard. Likewise, Catherine Sealy, Executive Director of Raise your Voice St. Lucia, said: “We want to help all civil society organizations and individuals, regardless of what they work towards.”

Among the most pressing issues in the country, the representatives of the organizations pointed to discrimination and violence against LGBTI+ people, impediments to access to justice, limitations to access to sexual and reproductive rights, physical and psychological violence against LGBTI+ people by their own families, loss of jobs after COVID, and unsolved murders of persons in the LGBTI community.

IACHR Rapporteur on the Rights of LGBTI Persons, Roberta Clarke; IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of United & Strong INC.

REGIONAL EVENT IN BARBADOS

The Caribbean Regional Dialogue on LGBTQI+ D.A.T.A., held for two days, consisted of regional roundtable discussions on violence and access to justice, health and the impact of COVID, economic inclusion of LGBTI+ people, education and human capital, discrimination, access to financial development and the impact of investments, poverty and access to the labor market, and tourism perspectives. It also included the participation of different representatives from civil society, governments, development institutions, regional bodies and the private sector, in order to create evidence-based policies for LGBTI+ rights.

In this regard, the Independent Expert on SOGI, Victor Madrigal addressed during his intervention for the need to collect data on sexual orientation and gender identity to dispel the myths and stereotypes that fuel violence and discrimination. “Evidence is a way to counteract the denial that there is no violence based on sexual orientation and gender identity”, said Madrigal. In her speech, Roberta Clarke, IACHR Rapporteur on the Rights of LGBTI People, applauded the judicial decisions in 4 Caribbean countries which found  criminalization of same sex intimacy  between consenting adults to be a violation of fundamental rights and freedoms. She also reflected on how LGBTI people demand and deserve intersectional justice. “Too many people in our region remain economically marginalized, too many remain excluded”, she said.

Dr. Lee Badgett, Professor of Economics at the University of Massachusetts, Amherst, stated that having numbers and data tells LGBTI+ people that they count. She also mentioned that, according to a report by Phil Crehan, a researcher on data and social inclusion, 57% of LGB people and 69% of trans people reported experiencing harassment and bullying at school, and also emphasized the unprecedented opportunity that this event represented in the Caribbean.

Race and Equality’s work has included supporting promotional visits to countries by the United Nations and IACHR mandates for the rights of LGBTI+ people. It is important to follow closely the hard work being carried out by Caribbean civil society organizations, which have achieved important advances for the decriminalization of same-sex relationships in several countries in the region. Race and Equality reaffirms its commitment to supporting their actions to guarantee the equality and dignity of LGBTI+ people and expresses its gratitude to ECADE, the OAS in St. Lucia, the IACHR, the IE SOGI and all the civil society organizations that received us and participated in all the events.

 

Brazilian delegation participates in the pre-sessions of the UN-UPR in Switzerland with recommendations on racial discrimination in Brazil

Brazil, September 15th, 2022 – With Brazil’s review approaching in the 4th Cycle of the Universal Periodic Review (UPR), The International Institute on Race, Equality and Human Rights (Race and Equality) promoted a series of meetings, in July and August, along with civil society organizations that work on issues of race, gender and sexual orientation in Brazil, including Embassies in Brasília and their respective Permanent Missions, in Geneva, Switzerland. The Universal Periodic Review is a mechanism developed by the United Nations (UN) Human Rights Council to assess the human rights situation in each of the UN member countries.

The meetings in Geneva took place between August 29 and September 2, and the following organizations participated: Grupo Conexão G de Cidadania LGBT de Favelas (RJ), represented by the current Director General Gilmara Cunha, a trans woman, community leader, and activist of human rights; NGO Criola (RJ), with the presence of Mônica Sacramento, the Institution’s Project Coordinator; Marielle Franco Institute (RJ) with its Executive Director Anielle Franco; Geledés – Instituto da Mulher Negra, represented by Nilza Iraci, Coordinator of Political Incidence. On behalf of Race and Equality, the Executive Director, Carlos Quesada; David Veloso, Human Rights Consortium Coordinator; Gaia Hefti, Advocacy Officer in Geneva; and Leilane Reis, Race and Gender Officer of Brazil all took part in the meetings.

Due to the importance of demonstrating at the regional and international level the current framework of human rights violations in the country, in addition to seeking to raise awareness around the need for more targeted recommendations for the black population, LGBTI+, and indigenous peoples, this delegation has actively participated in human rights mechanisms by sending reports. The agenda in Geneva represented a continuity of the work of political incidence in Brasilia. There were five days of meetings focusing on the visibility of the current situation of racial discrimination in Brazil, leading to the Permanent Missions, the United Nations High Commissioner for Human Rights (OHCHR), and Independent Experts’ specific recommendations on the subject.

Geneva Agenda

On August 30, several Brazilian organizations were selected by the UN Human Rights Council to speak on the situation in the country during the pre-session of the UPR, and propose the recommendations to the Brazilian State, who was also present at the event, with its Permanent Mission. It should be noted that the Report of the Brazilian State for the evaluation of the IV cycle of the UPR was only published on the eve of the pre-session of the UPR, leaving civil society in the dark regarding what information was published. Representing the Brazilian delegation, Anielle Franco was invited by the organizer of the pre-sessions, the NGO UPR Info, to speak on the intersections of police brutality and racism in Brazil. The activist brought to light the recent massacres in Rio de Janeiro and the murder of the young black, pregnant woman, Kathlen Romeo.

“These are cases that indicate that the death of the black population in Brazil is a systemic issue, promoted by the Brazilian authorities and covered up by the police forces. Instead of investigating the massacres and discriminatory violence against the Afro-Brazilian population, the Brazilian government and police try to legitimize these police operations and attack Brazilian human rights organizations, such as the Marielle Franco Institute.”

On August 31, the International Day of People of African Descent, Race and Equality held a hybrid event entitled, “Racial Discrimination in Brazil: Violence against the Black Population and Indigenous Peoples.” The event was attended by the delegation present in Geneva and aimed to make the recommendations made by these organizations for the 4th cycle of the UPR visible to the general public, expanding beyond closed meetings with Embassies and Permanent Missions. In addition, the event was also an important tool of international political advocacy for the construction of networks and partnerships between Brazilian and international organizations.

The Brazilian delegation had the opportunity to take the recommendations to the Ambassador of Chile in Geneva, Claudia Fuentes Julio. They also met with the Embassies of Canada, Australia and Argentina, the Permanent Mission of Costa Rica, France, Germany and Colombia, and with Gay McDougall, Rapporteur of the UN Committee on the Elimination of Racial Discrimination (CERD), which is responsible for monitoring the International Convention on the Elimination of All Forms of Racial Discrimination. Faced with the current picture of violations presented, a review that will take place in November this year, charging the Brazilian State for covering up the racial issues in the country.

It is important to highlight that the delegation provided ample space for listening and dialogue in meetings with experts from UN treaty bodies, experts on afro-descendant peoples, and experts from the mechanism on police violence created by the UN in 2021. In addition, the Brazilian delegation was received by the United Nations High Commissioner for Human Rights (OHCHR) who is charging the Brazilian State for neglecting the well-being of the black, indigenous, and LGBTI+ populations.

International Incidence: The Paths to Geneva

The task of illuminating the ongoing human rights violations in the country for international mechanisms and their support is a major commitment for Race and Equality with civil society organizations in Brazil. For this, technical training work and support to these institutions are necessary so that their complaints and demands arrive instrumentalized to the Experts and Rapporteurs of each international body; this work is called advocacy and/ or political incidence. During the Race and Equality event in Geneva, the Executive Director, Carlos Quesada, stressed the importance of the daily construction of advocacy strategies in Brazil, “to train grassroots organizations to promote political actors through a technical training methodology so that these organizations can generate sustainable structural changes.”

Thus, in order for the Brazilian delegation to be received with its recommendations in Geneva, it was necessary to hold a meeting in Brasilia, with the Embassies of the countries that will review Brazil in the 4th cycle of the UPR, and the other Embassies present at the UPR Human Rights Council. The meetings in Brasilia took place from July 27 to July 29, and were attended by: Gilmara Cunha, General Director of the Grupo Conexão G de Cidadania LGBT de Favelas (RJ); Marina Fonseca, Anthropologist and Political Advisor at the NGO Criola (RJ); Fabiana Pinto, Sanitarian and Coordinator of Incidence and Research at the Marielle Franco Institute (RJ); and Rodnei Jericó, lawyer and Coordinator of SOS Racism of Geledés (SP). Representing Race and Equality were present: Leilane Reis, Officer of the Race and Gender Program and, Adriana Avelar, Incidence Officer in Brazil.

The meetings in Brasilia were with the Permanent Missions that evaluated Brazil in previous periods in themes of interest to the group that are connected with the current and fragile Brazilian democratic system: European Union, United States, Norway, Canada, Germany, France, Switzerland, Australia, Argentina, UK, Colombia and Chile.

The organizations sought to make visible the current regulatory frameworks that have exacerbated the vulnerability of black, indigenous and LGBTI+ populations in Brazil since the last review of the UPR, taking into account the precariousness of life due to the effects of the pandemic. Based on the recommendations made by the Embassies visited, the following themes were discussed: violence against the LGBTI+ population, police violence against the black population, black women’s health, closure of civic spaces, and indigenous peoples’ rights. The intention was to establish a dialogue with recommendations for the next cycle, to point out the social markers in force in Brazilian society and to be able to highlight the real situation of human rights violation in Brazil.

The work of political incidence is actively built-in partnership with Brazilian organizations, it’s necessary to be connected with the political and legislative proposals of the Brazilian Government so that effective action can be taken to ensure the construction and implementation of international treaties and agreements. The purpose of the route from Brasilia to the pre-sessions of the UPR in Geneva is to welcome the recommendations of the Brazilian delegation during the review of Brazil at the UPR session, which will take place on November 14, at 2:30 pm (Geneva time), and at 9:30 am (Brasília time).

What are the next steps?

The UPR is a UN mechanism in which State Parties evaluate State Parties. Therefore, UPR, along with civil society can impactfully highlight the human rights violations in Brazil and influence the evaluating states to accept its recommendations in the assessment process. As mentioned earlier, Brazil also delivered its report, in which it said it had consulted civil society on the human rights situation in the country. With this, an analysis based on advances, setbacks, and good practices is performed from all information received and, finally, the evaluated State must apply the recommendations of its peers.

If the recommendations of the Brazilian delegation are accepted and promoted by the State Parties during the UPR, the next task is to present them to the new Government that will take office in 2023, so that it becomes aware of the work of political incidence of civil society organizations. From there, the recommendations should be ratified and implemented in Brazil’s four-year public policies. Thus, civil society carries the responsibility to monitor compliance with the agenda in combating racial discrimination granted in the UN Universal Periodic Review. Race and Equality follows alongside these organizations to monitor and pressure the government in applying the international agreement.

Finally, to collaborate with the United Nations Universal Periodic Review mechanism, Brazilian organizations supported by Race and Equality propose, among others, the following recommendations addressed to the Brazilian State:

I) Ensure the occurrence of investigations into crimes committed against LGBTI persons in favela territory, enabling the collection of public data on such crimes.

II) Take urgent measures to curb and eradicate police violence at any stage of action by civil police, military, and armed forces in carrying out missions on Brazilian soil.

III) Recreate participatory councils and collegiate groups that allow participation and indigenous social control in the formulation, monitoring, implementation, and evaluation of indigenous policies of the Brazilian State in the areas of territorial management, education, health and culture, alongside the establishment of programs and measures to prevent and punish racism, discrimination, and violence against indigenous peoples, and to promote ethnic and racial equality, autonomy, and the right of peoples to be different.

IV) Conduct the implementation of the National Plan for the Protection of Human Rights Defenders and institutionalizing the Protection Program for Human Rights Defenders, Communicators and Environmentalists (PPDDH) by expanding its structure in the 26 states of the country and DF, establishing budgets, regulations and specific strategies for the reception and follow-up of cases of black, trans, and transvestite women human rights defenders, representatives of traditional peoples and communities; create indicators for monitoring and judicial mechanisms for the accountability of their main violators, highlighting the use of police brutality and militarized groups employed to suppress rights and freedoms of expression, association, belief, assembly, and political participation in Brazilian civic space.

V) Ensure access to reproductive health services, including ensuring that abortions are carried out under the conditions provided for in current legislation, without bureaucratic obstacles or embarrassment to people who are pregnant and seek care, giving special attention to the situation of black pregnant and parturient women who suffer from the impact of institutional racism on maternal health.

UN renews crucial human rights expert mandate on sexual orientation and gender identity

The UN Human Rights Council once again reaffirms its commitment to combating discrimination and violence on the grounds of SOGI, and reminds all States of their obligations towards LGBT and gender-diverse people

(Geneva, 7 July 2022) – The United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert on protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI) for three more years. In a critical vote, the resolution was adopted by a vote of 23  in favour, with 17 voting against and 7 abstaining.

1’256 non-governmental organisations from 149 States and territories in all regions supported a campaign to renew the mandate.

Today’s vote was the first time that the Human Rights Council adopted a resolution explicitly condemning legislation that criminalises consensual same-sex conducts and diverse gender identities, and called on States to amend discriminatory legislation and combat violence on the grounds on SOGI. 

“Billions of people continue to live with laws and societal attitudes that put them in danger”, said Manisha Dhakal of Blue Diamond Society in Nepal, on behalf of a global coalition of civil society organisations. “Acknowledging that so much work remains to be done, the Council once again reaffirmed its commitment to combatting discrimination and violence on grounds of SOGI, reminding all States of their obligations towards these communities.”

“The existence of a specific UN human rights mechanism on violence and discrimination on the basis of SOGI is crucial for our communities to be heard at the global level,” added Carlos Idibouo of Fierté Afrique Francophone (FAF) from Cote d’Ivoire. “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 criminalising our identities and actions are unjust and should no longer be tolerated”.

Created in 2016, and renewed for the first time in 2019, the Independent Expert has been supported by a growing number of States from all regions. 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 –  and was cosponsored by 60 countries from all regions. 

“Having secured a renewal for three more years, this mandate will now continue to support initiatives in countries around the world ensuring that LGBT and gender-diverse people live free of inequality , and to amplify their voices and testimonies in international human rights fora,” added Aleh Ordóñez Rodríguez of Ledeser in Mexico.

Not only did the renewal process successfully overcome 12 of 13 hostile amendments, the core of the resolution affirming the universal nature of international human rights law stands firm.

The Independent Expert assesses implementation of international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Since 2016 the world has heard more about the impact of criminalisation of same-sex relations between consenting adults, the need to legally recognise a person’s gender, the barriers to social inclusion and the importance of collecting data related to LGBT lives, the harm caused by so-called ‘conversion therapy’, and more. The Expert has also cast a light on good practices to prevent discrimination, and recently conducted visits to Argentina, Georgia, Mozambique, Tunisia, and Ukraine.

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

** ENDS **

Note to editors:

  1. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity is appointed by the UN Human Rights Council. The mandate was established in 2016 and has been held by Vitit Muntarbhorn (2016-2017) from Thailand, and Victor Madrigal-Borloz (2018-ongoing) from Costa Rica..
  1. The press release refers to “people of diverse sexual orientations and gender identities” or to “LGBT” – instead of “LGBTI” – as the mandate is specifically tasked with addressing human rights violations on sexual orientation and gender identity.

 

Pride 2022: Recognizing the LGBTI+ hands that have built this path

Washington DC, June 28, 2022. – On June 28 of each year, LGBTI+ people from around the world come together publicly in large marches to celebrate and vindicate their lives, celebrating sexual orientation and gender identity diversity, and the freedom to express themselves. It is a vindictive moment where lesbians, bisexuals, gays, trans, intersex and queers challenge prejudices and stigmas face to face, proudly reaffirming who they are, their human rights and the progress achieved after decades of struggle.

This commemorative date has its origin in the uprising in Stonewall, New York in 1969, which consisted of several days of protests against the persecution and repression of the American police against LGBTI+ people. An article from the NYC LGBT Historic Sites Project mentions that these events did not start the LGBTI+ social movement, but they did cause a great impact, since it inspired and allowed for the emergence of hundreds of new organizations around the world.

In this regard, Dámaso Jussette, a Nicaraguan transfeminist woman who is a member of the National LGBTIQ+ Roundtable and the Articulation of Social Movements, shared that “LGBTIQ+ people have been very present in history, but as [LGBTIQ+ people] they are not. The difference is that the patriarchy has tried to erase us, but in the same way that we have resisted until today, we will continue to do so.”

53 years since the Stonewall uprising, a day like today —characterized by celebration, visibility, and pride— is possible thanks to the effort and courage of people who stood up to persecution, violence, and injustice against the LGBTI+ population from various quarters of the world.

For example, the Peruvian feminist lesbians have achieved that, for the first time, the CEDAW Committee mention them in the periodic recommendations that they make. They also have a working table in the Ministry of Women, where they influence the government to implement public policies aimed at lesbians. Likewise, they have obtained dialogues with high-ranking representatives of the Judiciary. “It’s not easy, but we continue to insist that the State undertake studies on the situation of lesbians and produce specific data about us,” says Luisa Zanabria, a member of the organization Lesbian Independent Socialist Feminists (LIFS).

In the Dominican Republic, Christian King, a non-binary trans activist from TRANSSA (Trans Siempre Amigas), considers that, despite not having guarantees for all LGBTI+ rights, they have made valuable progress such as having a human rights unit in the Attorney General’s Office of the Republic, a National Human Rights Plan and a strategic vision plan for 2020-2024 of the Judiciary, which includes access to justice for LGBTI+ people. “To achieve this, there were many challenges faced by LGBTIQ+ organizations and activists, exposing ourselves by denouncing violations committed in our country before international human rights organizations,” he shared.

Another activist who has done important work for the LGBTI+ population in Colombia is Manuel Velandia, a gay ARTtivist. “In Colombia, we have many rights won through the courts, all of them have been achieved through rulings of the Constitutional Court. This becomes a serious problem because nothing can be taken for granted and there is a risk that anti-rights organizations, which are really present as pro-rights, try to reverse them,” he said. With him, the Homosexual Liberation movement of Colombia was founded, a pioneer of HIV prevention in Latin America. He also wrote, together with members of ActUp Canada, the first world manifesto for the rights of people living with HIV/AIDS. And in 2002, he was the first openly homosexual candidate to present himself to the Congress of the Republic.

In the case of Brazil, in 2020, the Brazilian Bisexual Front held the first B+ festival in the country, made by and for the bisexual population. During its second edition the following year they launched the Brazilian Bisexual Manifesto, the first in the entire territory. “It is a document that is resonating even outside of Brazil, mainly in the United States. It is already published in other countries and has been translated into English and Spanish”, proudly shared Vitória Régia da Silva, Co-founder of Colectivo Bisibilidade RJ. They also celebrated the signing of the Resolution of the Federal Council of Psychology, which establishes a more humane treatment for the bisexual and non-monodissident population.

Finally, we have LGBTI+ activists who find themselves in exile after facing repressive governments, such as the case of Isbel Díaz, a Cuban gay leader, and Dámaso Jussette, a Nicaraguan trans feminist woman seeking refuge in Costa Rica. In authoritarian governments such as those of Cuba and Nicaragua, LGBTI+ and human rights organizations in general are persecuted, since they have a great impact on denouncing human rights violations. “Those of us who exist despite everything always do so assuming risks that range from physical integrity, the possibility of being prosecuted for any cause invented by State Security, and the total precariousness for access to material resources, connectivity, and freedom of movement”, points out Isbel.

Thanks to the tireless work of activism and the resistance of groups in hostile countries, little by little, the LGBTI+ agenda is managing to position itself in the media, on social networks, on the political scene and is achieving important victories. Although there is still a long way to go, the leadership of LGBTI+ defenders such as those mentioned have left an open path with possibilities to continue fighting.

It is fair to remember that progress in terms of LGBTI+ human rights has been achieved through the efforts of those who have preceded these struggles and by those who continue to influence them to protect and defend them. For this reason, Race and Equality salutes the great contributions of LGBTI+ leadership in Latin America and the Caribbean, and recognizes that if, today, fear and shame are no longer an option for many people, it is thanks to the battles that have been and continue to be fought for the recognition and respect of dissident bodies and identities.

17M: The task is to eliminate structural LGBTIphobia

Washington DC, May 17, 2022.– Lesbian, gay, bisexual, trans, intersex and sexually diverse identities throughout world history have been persecuted for their gender identity and sexual orientation. Although there are some advances in the area of human rights, there are still some societies that pathologize and criminalize LGBTI+ people.

Until May 17, 1990, the World Health Organization (WHO) considered homosexuality a mental pathology, as recorded in the first version of its International Classification of Diseases Manual (ICD) of 1948. Likewise, since 1975 they defined transsexuality as a mental disorder. Only in 2018, with the ICD-11 version, did they remove it from the list.

Therefore, every May 17, the LGBTI+ community conmemorates the International Day Against Homophobia, Transphobia and Biphobia and the historic decision of the WHO that contributed to the depathologization and recognition of homosexuality as a natural aspect of life and sexuality. However, even in many parts of the world, sexual and gender diversity is condemned by religion, law and society, and in some instances with the death penalty.

The historical damage is irreversible and the best thing that remains to be done is to pay off that historical debt that has placed the LGBTI+ community in a context of particular vulnerability.

Bodies as territories of violence

“Our bodies, our lives, our rights” is this year’s slogan chosen by the organization May 17th to commemorate this date. “A topic that reminds us that many of us around the world experience LGBTQI-phobia firsthand every day and that our bodies are being abused, ruining our lives,” describes its website .

In Latin America and the Caribbean, at least 370 murders of LGBTI+ people were recorded in 2020, a statistic that has increased every year since 2014, as pointed out in the latest report by the network of civil society organizations Sin Violencia LGBTI. On a daily basis, many forms of violence are practiced on bodies that do not meet the expectations of the heterosexual cisnormative gender binary, with death being the most violent form of attack on the lives of people of sexual and gender diversity.

LGBTI+ Struggle

Thanks to LGBTI+ leadership and the sum of contributions from human rights organizations, today there are more visible and non-visible people joining the LGBTI+ fight against inequality, violence and structural discrimination.

However, it is everyone’s commitment to build and defend a plural society, where the various ways of expressing, thinking, acting, loving and being are respected. This is a fight of everyone, for everyone and that we must all make our own. As Dhananjayan Sriskandarajah, director of Oxfam, mentions in an opinion column for Equal Times, the defense of dignity, freedom, identity and life are rights intrinsically linked to the rights of each one.

In the global campaign in favor of equality, social justice and non-discrimination for reasons of sexual orientation and gender identity, we must all be a part of it.

Actions against hate and violence

This May 17, at Race and Equality we commemorate the right to live free of violence and with dignity. Although there are regulatory changes and legal recognition in many countries, we believe that it is not enough. We are firmly convinced that the true social transformation will come when, from different sectors, we begin the real work to deconstruct the thoughts and attitudes of societies that do not allow all people in their diversities to live fully and safely.

For this reason, we urge States to combat the stigma, discrimination and state violence that make precarious the existence of LGBTI+ citizens and those in human mobility allowing for rampant police abuse, impunity in hate crimes, discrimination, violence in educational  and health spaces, torture, sexual and reproductive violence, mistreatment, unjustified procedures and a long list of actions that disguise and justify violence to continue keeping them marginalized.

All this has real, serious and adverse effects on the comprehensive security of the LGBTI+ population, on access to work, on their development, on education and on physical and mental health that can no longer be tolerated. The efforts of all States and societies are needed to eliminate the LGBTIphobic environment and guarantee the human rights of the LGBTI+ population. This will not be achieved without the political will to actively listen to, understand, and actively address the specific needs of lesbian, gay, bisexual, trans, intersex, and other diverse identities.

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