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

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.

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.

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