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

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.

Three years after 11M in Cuba: the demands of LGBTI+ people and the Family Code

Washington DC, May 11, 2022 – Today marks three years since the first march that the LGBTI+ population of Cuba organized independently of the National Center for Sex Education (Cenesex). The commemoration of this date occurs in the midst of sentences being given to the people who participated in the demonstrations of July 2021, the draft of the new Criminal Code, which could affect several LGBTI+ activists; and the Family Code, which speaks for the first time of same-sex marriage and adoption between same-sex couples, two demands of people with diverse sexual orientations and gender identities on the Island.

This latest reform that is being promoted by the Cuban government seems like a big step in the recognition of LGBTI+ rights in the country, however, this initiative will be submitted to a popular consultation to be approved; that is, two people of the same sex could form a family in Cuba only if the majority of the inhabitants of the archipelago approve it in a referendum that the Island’s authorities are organizing.

What happened on May 11, 2019 in Cuba?

That day, which is also known as 11M, a traditional conga (Cuban dance accompanied by drums) was going to be held in Havana against homophobia and transphobia, as part of a series of activities prior to the commemoration of the International Day against Homophobia, Transphobia and Biphobia, which takes place around the world every May 17. But, the official body that coordinates these activities, Cenesex , decided to cancel the demonstration at the last minute (as happened again today – this State entity canceled the conga that was scheduled to take place this afternoon), arguing that it could not be held because there were “new tensions in the international and regional context”, which caused great discomfort among the LGBTI+ movement in Cuba.

As a result of this, people with diverse sexual orientations and gender identities on the Island convened through social networks, and met, starting at 4:00 in the afternoon, in the Central Park of Havana. There they came from different parts and, from one moment to another and without a set course, they began to march. It was the first time that the LGBTI+ movement in Cuba demonstrated on its own, peacefully demanding their rights without the help of the Cuban government, which continues without guaranteeing full recognition of this population.

That day members of State Security blocked the demonstration, which included a kissathon (name given to the act in which several LGBTI+ people kiss in public as a sign of protest). Dozens of people who participated in the improvised conga were attacked and arbitrarily detained by the authorities.

“Despite the prohibition by the State and the repression of LGBTI activists and groups, nearly 300 people gathered and marched through Prado, calling for a diverse Cuba and shouting ‘yes it could’, alluding to the unjustified suspension of the traditional conga of diversity, the only physical and public space that the community had as part of the Cuban Days against Homophobia and Transphobia organized by Cenesex ”, says Jancel Moreno, coordinator of Dame la Mano, an LGBTI+ organization on the island.

According to various activists and organizations, May 11, 2019 marked a before and after in the struggle for the recognition of LGBTI+ rights. “It represents a cry, an act of rebellion that for some could even have been a moment of outburst, and for others it also meant a change in their lives due to the arrests. Without a doubt, it is a date to never forget, where LGBTI+ people decided to claim their rights before a State that until now has always discriminated against us”, says activist Yoelkis Torres, coordinator of the organization AfroAtenas .

What has happened since then?

“No rights have been obtained. Although the Family Code project that is awaiting the referendum includes several of the main demands of the community, it is not yet a reality and may not become so. The Code will be taken to a referendum in a country with a sexist and homophobic history that is even inherited by ‘the revolution,’” says Jancel, who also maintains that being an LGBTI+ person in Cuba means carrying stigmas and prejudices, in addition to not having support or legal guarantees. “Although progress has been made from the perception of society itself, there is still a lot to do,” they add.

Three years after 11M, the demands of LGBTI+ people in Cuba remain the same: that their rights be recognized. “There is an article in the Cuban Constitution that speaks about the principle of non-discrimination based on sexual orientation and gender identity, but it is as if it did not exist,” says Yoelkis, who affirms that the Family Code represents hope for this population, which has been the victim of attacks, threats and murders, despite the fact that there is no known official record that counts the violence they have suffered for years.

LGBTI+ people are waiting for the referendum on the Family Code to be held, which, if approved by the majority of the island’s inhabitants, would represent a huge step in the recognition of their rights. They would go from not having a law that protects them, to being able to form a diverse family with guarantees to avoid any type of discrimination and violence.

From Race and Equality we express our commitment to accompany the demands of people with diverse sexual orientations and gender identities in Cuba and we call on the government to listen to them, in accordance with its international obligations to respect and guarantee the human rights of all people, without any kind of discrimination. This is particularly relevant because we are two months away from commemorating another milestone on the Island – the peaceful protests of July 11 and 12, which, like the 11M march three years ago, were strongly repressed by the authorities. and resulted in the mass arrest of hundreds of protesters who today continue to be sentenced for exercising their right to freedom of expression. For this reason, we also call on the State of Cuba to observe international human rights standards and its actions that greatly affect the most vulnerable populations, such as LGBTI+.

Race and Equality launches the ‘Kátia Tapety Political Training School’

Brazil, May 06th, 2022 – On May 10 (Tuesday), at 5 PM, the International Institute of Race, Equality and Human Rights (Race and Equality) promotes the launch of the Kátia Tapety Political Training School.   The inauguration will be at the Museum of Modern Art of Rio de Janeiro (MAM) and will be attended by the distinguished councilor, Kátia Tapety, and serve as well as a space for dialogue with women parliamentarians and representatives of social movements and civil society organizations.  The Kátia Tapety School of Political Training is the result of a project supported by the Open Society Foundations and the partnership with the Friedrich Ebert Foundation in Brazil.

Faced with the current political scenario in Brazil, involved in hate speech, attacks and persecution of parliamentarians and human rights defenders, whose targets are black and indigenous women – cis and trans, and the growing spread of fake news; Race and Equality created a School of Political Training that aims to prepare women (black, LBTI, indigenous and quilombolas) to participate safely and democratically in the electoral process in 2022.  To confront political and electoral gender violence, the organizations Associação Nacional de Travestis e Transexuais (ANTRA), Articulação Brasileira de Lésbicas (Red ABL) and Rede Nacional de Negras ee Negros LGBT (Red Afro LGBT), will be responsible for the nomination of pre-candidates from their networks to participate in the School of Political Training.

Thus, through technical and pedagogical training, classes will be held in a hybrid manner, from May to September, to serve women social leaders from all over Brazil who eventually have an interest in applying for an elective position in the country. The programmatic content also includes practical training so that candidates have the tools to face authoritarian policies and the necessary instrumentalization to claim their rights.  In this sense, the Kátia Tapety School of Political Training emerges as an instrument of strengthening and democratic protection to achieve full legitimacy and decision-making power in its political agendas.

“The growth of gender-based political and electoral violence in Brazil has become increasingly alarming.  In March 2021, Race and Equality, together with other organizations, denounced cases of several currently elected councilors before a hearing at the Inter-American Commission on Human Rights (IACHR) and, unfortunately, we continue to urge the Brazilian State to protect these women. The Kátia Tapety School of Political Training was born from this urgency to promote the active participation of women in politics in a safe and democratic way so that they have full autonomy to defend themselves from violence and guarantee their rights”, explains Carlos Quesada, Executive Director of Race and Equality.

About Kátia Tapety

Kátia Tapety was the first trans councilor elected in Brazil, in 1992, in the city of Colonia de Piauí – PI.   Various data indicate that, in fact, Kátia Tapety was the first trans woman elected to legislative office in Latin America, at a time when there was still a refusal to talk about guaranteeing civil, political and social rights for trans people. Born and raised in the country’ interior, Tapety saw and felt the effects of the military dictatorship, accompanied by the process of redemocratization of the country and, just four years after the promulgation of the citizen constitution of 1988, was elected the councilor with the highest number of votes in the municipality of Colonia do Piauí, in the rural area of Piauí.  In her political career she was appointed councillor in 1992, 1996 and 2000; Mayor of Colonia do Piauí in the biennium 2001-2002; and was finally elected vice-mayor in 2004.

Today, at the age of 74, and with an incredible life trajectory in the country that kills the most trans people in the world, Tapety faced racism and transphobia, leaving a legacy of rights and a path of openness to reach achievements for black, travesti and transgender women throughout Brazil.  Therefore, for Race and Equality, honoring her represents a process of rescuing not only memory, but mainly democratic ties. Kátia Tapety reminds us of the post-dictatorship hope that flourished in Brazil in the 1990s and of one of the milestones of the Brazilian constitution – promoting development and social equality without discrimination of any kind – and that today, more than ever, is urgent.

The Kátia Tapety School of Political Training has as its principle the unique desire to form more and more Katias throughout Brazil and around the world, strengthening civil participation in spaces of collective decision, expanding and improving democratic tools and contributing to the reduction of gender and race asymmetries in political participation at the regional, national and global level.

Agenda:

Launch of the Kátia Tapety Political Training School

Date and time: May 10th (Tuesday), 5pm to 7:30 pm (Brasília time)

Place: Cinematheque of the Museum of Modern Art of Rio de Janeiro (MAM)

Panel 1: Collective trajectories for the political participation of black, indigenous and LBTI women

Participants:

Rosângela Castro – Afro LGBT Network

Bruna Benevides – National Association of Transvestites and Transsexuals (ANTRA)

Michele Seixas – Brazilian Lesbian Articulation (ABL Network)

Panel 2: Articulations and strategies of black, indigenous and LBTI women to strengthen democracy in Brazil

Participants:

Kátia Tapety – Honoree and First Trans Afro Councilor  of Brazil

Samara Pataxó – Legal Advisor of the Articulation of the Indigenous Peoples of Brazil (APIB) and Head of the Center for Inclusion and Diversity of the General Secretariat of the Presidency of the Superior Electoral Tribunal (TSE).

Roberta Eugênio – Lawyer and Researcher at the Alziras Institute

Keila Simpson – President of the National Association of Transvestites and Transsexuals (ANTRA)

The event will be broadcast live via Zoom and Facebook Live and will feature simultaneous translation into Spanish and English (zoom only)

Zoom Link: https://bit.ly/3s5FS3x

*All safety protocols for COVID-19  will be required and carried out

*The event is not open to the general public

#31M: Recognize and respect the gender identity of trans people for the full guarantee of their human rights

Washington DC, March 31, 2022. – On International Transgender Day of Visibility, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to magnify the importance of recognizing and respecting the gender identity of trans people, as a basis for the full guarantee of their human rights, specifically their economic and social rights. In Latin America, people with diverse gender identity and expression face great challenges in accessing basic services which, in turn, constitute fundamental rights that every person should enjoy without suffering any type of discrimination or violence.

In at least 11 countries in Latin America and the Caribbean there are legal or administrative processes for trans people to rectify their identification documents according to their gender identity. For example, in Brazil—the country with the highest number of murdered trans people in the world—the Federal Supreme Court (STF) established in 2018 that trans people and transvestites over 18 years of age, regardless of sex reassignment surgery, hormonal treatment or the presentation of medical or psychological documents, have the right to change their name, gender, or both, at any Civil Registry office in the national territory, without the presence of a lawyer or public defender.

Meanwhile, in Mexico, 14 of the 32 States of this country recognize in their legislation the right to gender identity, so that trans people can access the modification of their sex or gender through an administrative process, without having to go through a judicial process. The State of Mexico was the last to incorporate this recognition, in July 2021, with a vote in Congress that had 59 votes in favor, one against and eight abstentions. The other states are Coahuila, Colima, Chihuahua, Hidalgo, Jalisco, Michoacán, Nayarit, Oaxaca, Quintana Roo, San Luis Potosí, Sonora and Tlaxcala.

In countries such as Guatemala, Nicaragua, Panama and the Dominican Republic, there is no legal or administrative framework for trans people to rectify their identity documents, or there is no jurisprudence in this regard; therefore, if a trans person decides to start the process, this is at the discretion of the administrators of justice and it can be a long and costly path economically and emotionally. That is the case of Mística Guerrero, a trans woman from Nicaragua who until May 2021 did not have an identity document. In 2012 she began the process of changing her name before the Supreme Court of Justice and since then there has been no ruling on her case, according to a local media report.

The lack of recognition of the gender identity of trans people is not only determined by the existence or not of processes to change their name, but also by the will and management capacity of State institutions that must implement these regulations in civil registries. And the fact is that, despite the existence of these processes in many countries, activists and LGBTI+ organizations usually experience difficulties for trans people to access them, due to factors such as lack of clarity and transphobic attitudes, which generates delays and people desist from continuing the process.

Added to this is the fact that there are very few trans people who have the support of their families in these processes. The home is configured as the first space in which people with diverse gender expression and identity experience acts of rejection, violence and discrimination, a dynamic that is maintained throughout their lives.

“[…] There are countless barriers that keep trans and gender diverse people from being able to develop their full potential and from accessing basic rights from an early age, which has to do with the rejection and violence they receive since they begin to externalize their gender identity. In that order, there are numerous reports that show a high prevalence of trans and gender diverse adolescents who suffer expulsion from their homes at an early age”, explains the Report on Trans and Gender Diverse People and their economic, social, cultural and environmental rights, published in August 2020 by the Inter-American Commission on Human Rights (IACHR).

Gender identity and economic and social rights

The non-recognition of gender identity has serious implications for the recognition and exercise of human rights, including economic and social rights. It is important to point out that States have an obligation to fulfill and guarantee these rights based on the principle of equality and non-discrimination of the Universal Declaration of Human Rights and the American Convention on Human Rights.

“The lack of guarantee of the right to recognition of gender identity has as a consequence because trans and gender diverse people often carry identification documents that are not consistent with their gender identity,” the IACHR points out in the aforementioned report. In this way, access to rights such as health, education, housing and employment is limited and subject to prejudice. In addition, the possibilities of people suffering situations of violence and discrimination are increased.

Agatha Brooks, a trans woman from the Dominican Republic and a member of the organization Trans Siempre Amigas (TRANSSA), has experienced discrimination when trying to access housing. “We are not allowed to rent a house, because they believe that we are depraved people and that we are bad examples for children or families around us,” she indicates.

Apart from the problem of access to these rights, trans people also face violence and discrimination when they exercise them. Arturo Nicolás, a trans man from Peru and a member of Transmasculine Diversity, says that urgent measures are needed in the educational field to guarantee full access of trans people to this right. “ This does not mean only opening the spaces through quotas or similar measures. The care and containment protocols in case of violence are pillars to support trans or gender diverse people in educational spaces”, he affirms.

While Bruno Pfeil, a trans man from Brazil and coordinator of the Revista Estudios Transviades, shares his experience in access to health: “In the field of health, the (dis)access that weighs me down the most is gynecological health. Whether it’s for testing, or just for a routine checkup; It is always a headache to have to explain that I have a uterus, that I need a certain consultation, and that the regard that should be given to my body cannot be built under the cisgender prerogative.”

In its Report on Trans and Gender Diverse Persons and their economic, social, cultural, and environmental rights, the IACHR gives a comprehensive account of how the impossibility of rectifying personal documentation has been identified as one of the greatest obstacles to the effective enjoyment of other human rights, both civil and political as well as economic, social and cultural, for which it considers it urgent that the States adopt measures to guarantee this right in accordance with inter-American and international standards on the matter.

Although we recognize and celebrate the adoption of judicial and administrative processes for the recognition of the gender identity of trans people in several Latin American countries, we believe that this does not only depend on correcting their name and/or gender in their respective identity documents, but it is also closely related to the implementation of educational processes and public policies to eliminate LGBTIphobia in society and guarantee effective services that are tailored to their needs, respectively.

We also appreciate and thank the role of the United Nations Independent Expert on Gender Orientation and Identity, Víctor Madrigal-Borloz, who, through reports—such as the latest titled Law of Inclusion and Exclusion Practices—and numerous interventions before civil society and States, has positioned the issue of gender identity as a determining experience in people’s lives and, therefore, subject to a framework of rights that States must guarantee.

Along with this, we submit some recommendations to the States, many of which were set out by the IACHR in the aforementioned report and which we consider key steps to guarantee the human rights of trans people in the region:

  • Adopt gender identity laws that recognize the right of trans and gender diverse people to correct their name and the sex 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 (IA Court).
  • Eliminate from their legislation and public policies any form of criminalization, 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 the 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 and particularly including the gender perspective.
  • Develop and implement informative awareness and awareness campaigns in the public and private media on body and sexual diversity and the gender approach.
  • Promote information campaigns for trans and gender diverse people about all their human rights and existing protection mechanisms.

Trans Day of Remembrance: An urgent call to combat transphobia in Latin America

Washington D.C., November 20, 2021. As we commemorate another year of International Transgender Day of Remembrance, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to draw the attention of States and the international community to the chilling numbers of murders of transgender people in the Americas – a reality that unfortunately places the region once more at the top of the list of most homicides worldwide. At the same time, Race and Equality wants to urge governments to prioritize issues of violence and discrimination against gender-diverse people and to adopt swift actions to combat transphobia.

On November 11, TGEU’s Transrespect versus Transphobia Worldwide (TvT) research project published its annual Trans Murder Monitoring (TMM) report, released every year on the eve of November 20, International Transgender Day of Remembrance. According to the data, between October 1, 2020, and September 30, 2021 there were 375 murders of trans people worldwide, of which 311 occurred between Mexico, Central and South America. Globally, the total represents a 7% increase from the previous report (October 2019 – September 2020).

Transphobic tragedy

In Latin America, Brazil continues to be the country with the highest number of murders against transgender people, followed by Mexico (65), Honduras (53) and Colombia (25)*. Regarding global figures, the TMM report highlights that 96% of the murdered persons were transgender women or transgender feminine persons, and 58% were transgender sex workers. This is a pattern that has been corroborated in the region by reports published by LGBTI+ organizations.

“The data indicates a worrying trend regarding the intersections between misogyny, racism, xenophobia and hatred towards sex workers, with the majority of victims being black and colored transgender women, migrants and sex workers,” warns TMM, which also alerts that these numbers are only a small sample of the reality, since many murders remain unreported, or are misidentified.

Lives taken away

Brazil, which represents 41% of the global murders against transgender people, also commemorates on this day the National Day of Black Consciousness. Therefore, November 20 represents a date among human rights organizations in the country – especially those working in the defense of the trans population and the black population – to honor both populations and coincides in the intersection of their vulnerabilities in the midst of a transphobic and racist society.

Brazil began 2021 with the brutal murder of a transgender teenager. In the early morning of January 4, Keron Ravach was stabbed and beaten to death by a 17-year-old who was identified and arrested as the perpetrator of the hate crime. The young woman, who was going through a gender transition process, was defined by her friends as a shy person, but who at the same time dreamed of being a social media influencer. According to the TMM report, the average age of trans people murdered in the last year is 30 years old, with Keron being the youngest of all victims, at just 13 years old.

Indolence and Impunity

In most cases of murdered transgender persons there is a history of violence and threats, but these are often ignored by the authorities or are not dealt with in a timely manner. As such, when the murder occurs, there is insufficient information to identify the person or persons responsible. This issue has been expressed by organizations who promote and defend the rights of the LGBTI+ population and was manifested in the murder of Gina Rodríguez Sinuiri on September 21, in Callao, Peru.

Gina, 28, was stabbed several times in a hotel room in the city. Although immediately taken to a hospital, she was pronounced dead 18 hours later. The suspect is a man who regularly solicited the services of transgender sex workers and contacted them through his social networks using different names. According to her companions, it was not the first time the man contacted Gina. In addition, Agencia Presentes, which is in charge of making visible the situation of the LGBTI+ population in Latin America and the Caribbean-collected statements from Gina’s partners, in which they pointed out that on several occasions they have approached the Peruvian National Police to report acts of violence against them but are always ignored.

On top of the authorities’ lack of action there is the fact that Peru does not have a Gender Identity Law, which means that transgender people cannot carry out procedures with their social name, and this exposes them to discrimination and mockery in various sectors of society. “We denounce to the authorities and the police, but they do not pay attention to us, and that is what makes us frustrated and angry. We have families, we are human beings with feelings. Every time we file a complaint, when we turn around, they put it away. The worst thing is that they laugh and throw us out,” said a colleague of Gina on that occasion.

Dying in Invisibility

Although the murders of transgender people are generally silenced, when addressing this issue reference is usually made only to transgender women, because statistics show that they are the main victims, which is undoubtedly a reality. However, transgender men are also the focus of violence and discrimination due to transphobia and, as in the case of trans women, this can become deadly for them. One such example is the case of Samuel Edmund Damian Valentin, a young transgender man who was shot and killed on January 9 in Trujillo Alto, Puerto Rico.

Samuel Edmund was a student at Atlantic University College, in Guaynabo. On January 1 he had written on his Facebook page, “a new year to come, grateful for all the experiences that [taught me] how strong we really are, to life, to good and evil and for all the justice that is to come.”

“About transgender men and invisibilization in the public sphere, the truth is that it is the violence we suffer the most. Everyday life is designed for cis-gender men; we cannot be guaranteed public health issues in a dignified and efficient way for us. It is important that our identities are named, that trans men or transmasculine people get pregnant. What is not named does not exist. If we exist in the spaces, let us exist in the word”, says Danilo Donato, transmasculine activist and member of the GAAT Foundation in Colombia. According to the record of this organization on death of trans people, so far this year 2021 in the country 32 have been killed to date, while 8 have died from complications arising from surgeries and handmade interventions and barriers to access to rights.

Hate at its maximum expression

Kendra Contreras, known as “Lala”, was a 22-year-old transgender woman who lived in the town of Somotillo, in western Nicaragua. Those who knew Lala say that she was a young dreamer, hard-working, with a desire to better herself and who wanted her gender identity to be respected. Sadly, on March 3, 2021, two men ended her life in an atrocious way; they tied her to a horse and let it drag her twice for at least 400 meters and then stoned her. This is the ultimate expression of hatred towards women, bodies and diverse identities in a highly macho society, such as the Nicaraguan one.

Unfortunately, that was not the only time they killed Lala, as they do it every time they disrespect her gender identity and call her by her “first name” when they refer to her as “man” in news reports. Many media outlets fail to properly handle these cases by focusing on information and prejudices that generate morbidity and revictimize the victims of transphobia and gender violence.

Urgent appeal

Every year, Race and Equality takes advantage of this date to remind countries of their obligation to respect and guarantee the rights of all people without any kind of discrimination. Regarding the situation of violence and murders against trans people, we make the following recommendations:

  • Monitor and publicly sanction transphobic speeches that often slip into the media and incur in calls for discrimination and violence against the trans population.
  • Adopt the necessary laws and policies to guarantee the recognition, respect and inclusion of people with diverse sexual orientation and gender identity.
  • Establish special mechanisms to respond to acts of violence and murders against LGBI and trans persons, which lead to the clarification of the facts and the punishment of those responsible, as well as the establishment of guarantees of non-repetition.
  • Collect data on acts of violence and murders against trans persons, disaggregated by specific gender identity and ethnic-racial identity.
  • Promote through the institutions and official channels a campaign to educate and sensitize the population on sexual orientation and gender identity, with a view to generating a context of recognition and respect for the integrity and life of LGBI and trans persons.

*In the case of Colombia, the Foundation Grupo de Acción y Apoyo a Personas con Experiencia de Vida Trans (GAAT) recorded 32 murders of transgender people so far in 2021.

United Nations Independent Expert on Sexual Orientation and Gender Identity Visits Honduras, El Salvador, and Guatemala in a Mission of “Active Listening” coordinated by Race and Equality

Washington DC, October 19, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality), in conjunction with the delegations of the Office of the United Nations High Commissioner for Human Rights in Guatemala, Honduras and Panama, organized a promotional visit with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Víctor Madrigal-Borloz, to Honduras, El Salvador and Guatemala.

The visits took place between October 11 and 16, the Independent Expert (IE SOGI) had the opportunity to meet with activists and LGBTI + groups from each country. In each “Listening Visit” — as the IE SOGI called them — he actively listened and dialogued with representatives and members of organizations that promote and defend the human rights of LGBTI + people, this contributed to strengthening the links between civil society and his Mandate.

The meetings were held in Tegucigalpa (Honduras), San Salvador (El Salvador) and Guatemala City (Guatemala). In total, around 35 organizations attended the meetings, and more than 100 activists from the LGBTI + community participated, including people who attended a public event in the Honduran capital, where the IE SOGI presented his latest report on gender identity, entitled, The Law of Inclusion & Practices of Exclusion.

In Honduras, Madrigal-Borloz listened to organizations that expressed concerns around the criminalization of LGBTI + people, particularly in the electoral context that the country is experiencing before the general elections scheduled for November 28. They noted that both the candidates and President Juan Orlando Hernández continue to spread hate speech which contributes to an increase in violence against LGBTI + people. This is aggravated, they said, by the multiple barriers that this community faces in access to justice, starting with discrimination based on their sexual orientation or gender identity.

Honduran civil society also described the various efforts that have been made to introduce a draft Gender Identity Law to the National Assembly, but to date have not been able to discuss it in Parliament. In this regard, they referred to the lack of guarantees for trans persons to have access to work, education and health, and in cases where they have had access to these spaces, they have been victims of expulsion and ill-treatment, especially in the area of health where staff are not trained and therefore engage in stereotypes and discriminatory practices.

The LGBTI+ population in El Salvador confronts a similar situation, where in May -after a new National Assembly was installed with a resounding majority of President Nayib Bukele’s party -the National Assembly archived a draft Gender Identity Law that had been introduced in March 2018. While organizations noted a decrease in official homicide figures, they were concerned about the increase in the number of missing persons. Likewise, lesbian women organizations highlighted that the fear of identifying as a lesbian woman due to the discrimination and violence they face prevails among this community.

The organizations also raised concerns regarding the persecution of trans women who are sex workers, and the lack of attention and protection of the State in the face of hate crimes suffered by LGBTI+ people in El Salvador. This, they said, is affecting the internal displacement and migration of this population, for which the spaces for participation and denunciation are increasingly closed. The Independent Expert also had the opportunity to meet with academic organizations and institutions who engage in data collection and legal and humanitarian assistance. In that regard, the importance of carrying out such work from a differential and intersectional perspective was highlighted.

In Guatemala, the organizations expressed concern about the NGO Law, because it implies limitations and threats to organizations that promote and defend human rights, and by the initiative of Law 5940 or Law to guarantee the comprehensive protection of children and adolescents against disorders of gender identity, because it proposes to remove the right to self-determination of gender identity of children and trans adolescents. This bill adds to the proposed Law 5272 or Law on the Protection of Life and the Family, which is also of great concern to civil society because it criminalizes abortion and uses retrograde and stigmatizing ideas to support the concept of cis-heteronormative families.

Activists were also able to share information on discrimination in the field of employment and education. They highlighted that transgender people are expelled from schools for making their gender identity visible and are constantly facing bullying. In addition, a large part of the transmasculine population cannot access employment because of their gender expression.

They also referred to the invisibility of lesbian and bisexual women, which means that crimes against this population are not reflected in official statistics or are categorized as crimes against heterosexual women. They also indicated that this group faces many barriers to accessing health because many do not feel comfortable going to a gynecologist and exposing their sexual life.

Race and Equality accompanied each of these meetings and will continue to support the work of the Independent Expert. In addition, Race and Equality is committed to continue working with civil society in these countries to make their struggles visible. We thank all civil society organizations, the delegations of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and all those who made this visit possible.

First report on transmasculinities and non-binary AFAB people in Peru: A key step for the recognition and protection of diverse identities in the country and the region

Washington DC, September 30, 2021.- With the aim of contributing to the promotion and protection of the rights of transmasculine and non-binary persons assigned women at birth (AFAB) in Peru, the Institute on Race, Equality and Rights Human (Race and Equality) launched on September 24, 2021 the first report that demonstrates the situation of this population in the country. The report includes recommendations to the State, the Inter-American Commission on Human Rights (IACHR), and the United Nations Organization to guarantee their human rights.

The report, entitled “Bodies and Resistance that TRANSgress the Pandemic: Transmasculinities and Non-Binary AFAB People in Peru,” was launched through a virtual event with the participation of representatives of the transmasculine and non-binary movement in Peru, including two individuals who helped produce the report, and the United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz.

“In Peru, the rights of trans people are not yet recognized, starting with the limitations to access the right to identity, which means that other fundamental rights cannot be accessed,” said the Executive Director of Race and Equality, Carlos Quesada. He also mentioned that when talking about the trans population, one usually thinks only of trans women, which means that the experiences and demands of transmasculine and non-binary AFAB people are not reflected in public policies and, on certain occasions, are also not present in the agenda of the LGBTI + movement.

Zuleika Rivera, LGBTI Program Officer for Race and Equality, indicated that the preparation of this report sought to understand the situation of transmasculine and non-binary AFAB people in Peru. She highlighted that one of the most important findings being the fact that the discrimination and violence that this population faces begins in the nucleus family, something that – Rivera said – is determined by the lack of information and the stigma that predominates in society regarding people with diverse sexual orientation and gender identity.

The situation

It should be noted that the completion of this report included a documentary review, data processing of transmasculinities and non-binary AFAB people who participated in the first survey for LGBTI people, which was carried out by the National Institute of Statistics (INEI) in 2017; a self-applied virtual interview called, “The Situation of Trans Masculine, Trans Men, Non-Binary Transmasculines and Non-Binary AFAB People Before and During the COVID-19 Situation in Peru,” and eight semi-structured interviews.

The report was presented by Alithu Bazan Talavera, a member of the report’s research team, non-binary trans activist and researcher, and by Santiago Balvin Gutiérrez, also part of the research team, non-binary transmasculine activist and member of the organization Rosa Rabiosa. The third individual who made up the research team is activist, researcher and teacher Denisse Castillo Matos, who is also part of the organization Más Igualdad Perú.

During the presentation Bazan mentioned that most of the people interviewed reported that they began to experience their identities from the age of 22, due to little or no information on the trans and non-binary spectrum. The activist and researcher pointed out that non-recognition in the family environment entails a series of violations and a systematic exclusion of trans-masculine and non-binary people.

Balvin Gutiérrez included in his presentation that in the case of trans men and trans-masculininities, 85.44% have identity documents that do not represent their desired social name, and in the case of non-binary people, 48.57% expressed the same sentiments. In addition, among both populations, 70% reported difficulties when exercising their right to vote due their identity documents not corresponding with their gender identity and/or gender expression and for fear of suffering violence. 

Significance of the report

Bruno Montenegro, National Coordinator of Transmasculine Fraternity-Peru, described the report as “historic” and said it will contribute to generate great advances in the struggle of the transmasculine and non-binary population. Montenegro further stated that all the information and evidence contained in this report will serve to demystify the belief that trans and transmasculinity men have privileges only because they are male or because they identify with masculinity.

“Transmasculinities do suffer violence even though we identify ourselves from masculinity (…) This report is important to demystify transmasculinities and put our realities on the agenda. Trans men also abort, trans men also decide to gestate, trans men also suffer so-called corrective rapes,” he emphasized.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Víctor Madrigal-Borloz, highlighted the relevance and significance of this report. “This report has a particular impact on Peru, but this information can also be raised as a working theory regionally and globally. For me it has been incredibly revealing in levels, perspectives and consciences that were not at all visible in my mandate,” he affirmed.

“There is data that, in addition, in its deep personalization call us to reflect; the testimonial is of great value and this study is extraordinary in that sense,” added Madrigal-Borloz.

Recommendations

The report, “Bodies and Resistance that TRANSgress the Pandemic: Transmasculinities and Non-Binary AFAB People in Peru,” contains recommendations to the State, the IACHR and the UN, with the aim of contributing to the adoption of public policies and/or measures in favor of the human rights of trans-masculine and non-binary people. In the case of the State, we recommend that the State urgently adopts a gender identity law.

In the case of the IACHR, one of the recommendations is that it creates dialogues with civil society organizations and independent activists related to the population of transmasculinities and non-binary AFAB people. In the case of the UN, the report recommends that the Independent Expert on Sexual Orientation and Gender Identity make an official visit to Peru and publish a report with specific recommendations for the protection of this population.

Access and download the report in Spanish here: https://bit.ly/3uxtklx

Executive summary in English here: https://bit.ly/3o5oZ7S

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