Two years after Havana’s historic May 11, LGBTI+ activists in Cuba discuss progress and challenges

Two years after Havana’s historic May 11, LGBTI+ activists in Cuba discuss progress and challenges

Washington, D.C.; May 11, 2021.- On May 11, 2019, Cuba’s LGBTI+ community staged an unprecedented event. After the Nacional Center for Sexual Education (CENESEX) cancelled its annual LGBTI+ pride parade without explanation or justification, LGBTI+ Cubans and their allies held their own celebration in Havana. Although the day ended in repression, it also marked a new high point for the country’s LGBTI+ movement and gave greater visibility than ever to the community’s realities and demands.

Independent Cuban activists and members of the LGBTI+ movement told Race and Equality that despite the violence and arbitrary detentions meted out against them, they remember May 11th as an authentic expression of their community’s demands to increase LGBTI+ visibility and secure human rights for all Cubans.

“The march was the result of three key elements: the community’s rejection of the government’s decision to cancel the annual Conga (parade) against Homophobia and Transphobia, the accumulation of unmet demands from the LGBTI+ community, and the efforts by independent activists to join forces and concentrate our energy,” said Isbel Díaz Torres, a human rights defender and leader of the platform AcciónLGBTIQ-ba (Q-ba LGBTI Action).

The events of May 11

Before 2019, CENESEX had put on the annual Conga against Homophobia and Transphobia for 11 years, with the Conga serving as the kick-off to the Festival against Homophobia and Transphobia. In 2019, however, CENESEX announced that that the Conga would be cancelled due to “new tensions in the regional and international context,” causing outrage in the LGBTI+ movement and across civil society.

Isbel Díaz told Race and Equality that almost instantly, social media channels began to light up with ideas for an alternative celebration. “These ideas popped up in a decentralized way, but it was the work that we had put in previously to build networks of LGBTI+ activism that allowed a single agreed-upon proposal to form,” she explained.

The Afro-descendant LGBTI+ activist Raúl Soublett learned about the independent Conga, held in Havana’s Central Park, through social media. “I went with a group of friends,” he remembers, “when we arrived, nobody else was there. I started thinking it wasn’t going to happen, but we took out our banners and the park started to fill up. It was a little disorganized, there weren’t any specific leaders, there was no agreement about a route for the march, but we went forth. Many people came and joined in. There was no political propaganda one way or the other, we were just there making our legitimate claim to have our rights recognized and respected, and to be visible in society.”

Human rights defender Boris González Arenas remarked that cellular internet access, which had just recently been introduced in Cuba in December 2018, was crucial to the independent Conga, as it has been crucial for Cuban civil society and activism in general. Activists first saw the potential of online activism in January 2019 when, after a tornado caused deaths and severe destruction in Havana, civil society organized shows of support and solidarity with the victims while highlighting the shortcomings of the government’s response.

Raúl Soublett remembers that state security forces were present from the first moments in Central Park and that a group of security personnel initially attempted to block and disperse the march. When the marchers refused to comply, officers responded violently. “Before they struck, we conducted a peaceful sit-in and a “kiss-in.” The police wanted us to disperse, they even had buses there for us, but people refused and protested,” he recalled.

Isbel Díaz and his husband Jimmy Roque Martínez, meanwhile, could not even make it to the Conga. “That morning, as we were leaving the house at 8:30 am, two men wearing civilian clothes approached us. They demanded that we hand over our cell phones, that we not resist, and that we get in two police cars sitting nearby. They took us to the police station in Lawton, Havana, where they charged us with supposed ‘counter-revolutionary activity.’ The officer in charge told us that we were being arrested for ‘organizing and convoking an illegal act of civil disobedience against the revolution.’”

LGBTI+ activism, two years later

Boris González sees the events of May 11, 2019 as evidence of the Cuban LGBTI+ movement’s development, but also of Cuban civil society as a whole. After the Conga, he told Race and Equality, civil society began to leave behind its previous ideological divisions and seek greater cohesion. Importantly, he also sees the event as marking the eclipse of CENESEX and its director Mariela Castro as the center of Cuban LGBTI+ activity. “CENESEX had already been declining in popularity,” he said. “It had previously gained goodwill by supporting the LGBTI+ movement and had launched some interesting initiatives, but with the cancellation of the Conga and Mariela Castro’s subsequent statements, that was all lost.”

The LGBTI+ activist and member of the Latin American Federation of Rural Women Irina León, who lives in Pinar del Río, views two major obstacles to LGBTI+ activism over the years: the government’s attitude towards civil society and the patriarchal characteristics of Cuban society. “LGBTI+ Cubans are ready to demand respect for our rights. We have to come together and find common goals to work for, with which we can show the rest of the population that we are human beings like them, with the same need to be heard,” she says.

Isbel Díaz reflects that “from that moment on, we can talk about ‘the Cuban LGBTI+ community.’ Before, there were disjointed efforts, egos, and no chance of forming formal organizations, which prevented us from working together. Now, it’s possible to think of us as a community encompassing political, ideological, racial, and age diversity.”

Raúl Soublett emphasizes that the COVID-19 pandemic has had both personal and organizational impacts on the LGBTI+ community in Cuba. The pandemic has exposed and worsened the inequalities in Cuban society, especially those facing people with diverse sexual orientations and/or gender identities. “During our physical isolation and the tough public health measures, LGBTI+ activists have had to reinvent our methods, spaces, and ways of thinking. New projects, initiatives, support groups, and more have cropped up. But Cuban LGBTI+ activism is still precarious because we have been working for years and still not accomplished recognition or legal fulfillment of our rights. Furthermore, Cuba is a country with no liberties at all, which makes it hard to develop a true movement. We still rely on spontaneity, as occurred with the Conga,” he says.

The activists who spoke with Race and Equality agree that the most important issues on the LGBTI+ community’s agenda today are the enshrinement of marriage equality in the upcoming Family Code, recognition of and formal apologies for abuses against LGBTI+ Cubans in the 1960s, fighting violence and discrimination against trans Cubans, and, like other independent civil society groups, guarantees for freedom of association.

Donna Suárez, a trans woman and activist, emphasized the particular fight for trans rights on the island, pointing out the high numbers of trans people who are exposed to danger and even death as they practice sex work. Donna also warned that national dialogues about the need for a law against gender-based violence are leaving out the perspectives of trans women. This failure, along with the lack of a law on gender identity, further marginalizes trans women and their specific needs. According to Suárez, however, the independent Conga of May 11, 2019 “has made us visible and given us the perception that if we don’t fight for our rights, no part of the state will do it for us.”

Race and Equality remains committed to accompanying Cuban LGBTI+ activists as they fight for their fundamental rights. We call on the Cuban government to heed their demands and fulfill its international obligations to protect, promote, and guarantee human rights for all people, without discrimination. We urge the government to ensure that the draft Family Code is inclusive and incorporates the demands of civil society, particularly marriage equality and the legal recognition of diverse families.

Call for Photography: “Portraying Diversity”

Washington D.C., April 16, 2021- The call for photography: “Portraying Diversity” is a regional initiative of the Institute on Race, Equality and Human Rights (Race and Equality). This project is part of the commemoration of the International Day against Homophobia, Transphobia and Biphobia (May 17) and the International LGBTI+ Pride Day (June 28), with the aim of making visible the diverse identities in Latin American and the Caribbean, as well as demanding for the respect and guarantee of rights of the LGBTI+ population.

“Each year we commemorate these dates in order to create more visibility around people with diverse sexual orientation and gender identities, as well as make visible the situations they face in their respective countries. This year, among the commemorative actions that we have proposed, we include this call to portray the LGBTI population in an authentic and artistic way, and what better way than through photography and with the collaboration of people who support or identify with the cause,” explained Zuleika Rivera, Officer of the LGBTI Race and Equality Program.

Context

Latin America and the Caribbean is an adverse region for LGBTI+ people. The continent has record numbers of violence and murder against this community. According to the Map of the Murders of Transvestites and Transexuals in Brazil, a report published by the National Association of Transvestites and Transexuals (ANTRA), in Brazil alone, 175 trans people were killed in 2020, that is once every two days.

In the absence of laws to protect and promote their rights, LGBTI+ people, including diverse couples and families, suffer daily physical and verbal abuse, discrimination and exclusion. They also face serious difficulties in accessing basic rights and services such as health, education, housing and justice.

Call for entry

With the call for photography “Portrait Diversity” we hope to share a collaboration of photos by amateur or professional photographers from all Latin American and Caribbean countries, that through their work we help make visible the diversity and reality of the LGBTI+ community. The following are the terms of reference for this entry.

Call period: April 16 – May 21

Information to accompany the photograph:

  • Name or pseudonym of the author
  • Country
  • Photograph name (ideally two words)
  • Brief description of the photograph (where was it taken, who are the protagonists, and what does it reflect)

Format: JPEG. Minimum resolution of 1500 x 2000 pixels. Full color and/or BN. Only one photo per participant

Style: Free (artistic, journalistic or self-portrait photography)

Send: To the email (igualdad.comunicaciones2021@gmail.com) with the subject link “Call for photography: Portraying Diversity.”

The photographs will be shared through Race and Equality accounts on Twitter, Facebook, Instagram, as well as its website, along with the author’s credits and the information received about the photograph. This dissemination will begin on May 17 and end on June 28.

This entry of photography is completely open, so we invite you to share and participate to make visible the diversity in our region and together contribute to the construction of a more inclusive society for all people, without discrimination.

Public Hearing on Political Violence in Brazil: Black Parliamentarians (cis and trans) urge the IACHR for Protection and Denounce the Negligence of the Brazilian State

Brazil, april 06, 2021 – In a hearing exclusively dedicated to denouncing the absence of political rights in Brazil, black councilors (cis and trans) and civil society organizations presented before the Inter-American Commission on Human Rights (IACHR). The presentation consisted of the current scene of violations of civil and political rights that afflict the security of several parliamentarians in the country. The hearing took place on March 23, in the context of the 179th calendar of virtual hearings of the IACHR, it was filed by the organizations: The National Association of Travestis and Transexuals of Brazil (ANTRA); Criola; Terra de Direitos; Marielle Franco Institute; Justiça Global, Rede Nacional de Negras e Negros LGBT, and The Institute of Race and Equality.

The following participated in the hearing: Erika Hilton (PSOL/SP); Ana Lúcia Martins (PT/SC) and Carolina Iara (PSOL/SP); representatives of civil society organizations included: Anielle Franco, Executive Director of the Marielle Franco Institute; and Bruna Benevides, Secretary of Political Articulation at ANTRA. Despite the discriminatory historical context that structures the Brazilian political scene, progress in relation to identity, anti-racist and anti-LGBTIphobic issues promoted the growth of parliamentary representation in the country’s legislative houses, provoking the existing system of hierarchical powers. However, the reactions of conservatives in political and social sectors, based on a culture of hatred, further foment the phenomenon of political and electoral violence in the country.

Given this framework of systemic persecution, Anielle Franco opened the debate denouncing how political violence is used as a tool to deprive black and trans women from exercising their political rights, which as a result prevents discussions on gender, race, and sexuality inequalities from taking place in political and institutional spaces. Moreover, Anielle exposed data on political violence during the 2020 elections, one of the most violent elections in recent years, which proves the escalation of political tension against black and trans parliamentarians in the country.

According to a survey by the Marielle Franco Institute [1], 98.5% of black candidates reported having suffered at least one type of political violence. The main violence was virtual, representing 80% of the total attacks suffered. In addition, only 32% of the candidates denounced the experiences they suffered, and among the reasons for not making the complaint public is the fact that they do not feel safe or are afraid to report the violence. In addition to not having support from the political party nor the police, among those who condemned the attacks, 70% said that it did not bring more security,

“There is an urgent need to promote mechanisms to tackle all forms of violence against black, transgender and travestis women, and to reorient existing policies in Brazil that today are still insufficient to guarantee their protection and their political rights,” Anielle concluded.

Parliamentary member, Ana Lúcia Martins, reported that sought protection through legal means, in addition to denouncing the threats on social network platforms, she did not receive any assistance or security from the state nor from her party. She had to bear the costs for her defense. Faced with negligence from the institutions, Ana Lúcia reported that almost nothing happened regarding the investigation of death threats and racist violations suffered. She continues to be a victim of political violence on social networks with messages that incite hatred and intolerance.

Ana Lúcia spoke before the IACHR, “We know that the State’s omission has an origin, the same that ignores the daily death of the black population of this country, whether by urban violence, lack of public policies to eliminate inequalities, racism that structure these inequalities, or by the hands of the State itself (…) Anielle Franco’s question has not yet been answered: Who guarantees the safety of black women elected?”

 Co-councilwoman Carolina Iara, who suffered an attack in her home in January of this year, was direct in her questioning: “What is the connection between these threats towards trans parliamentarians and to the 175 trans women and travestis murdered in Brazil in 2020? What is the connection between Brazil’s high number of deaths of human rights defenders and the threats we are suffering? Who’s going to restore the trauma I have now? What kind of country is this where in addition to being silent, the president, in numerous statements, encourages LGBTIphobia?”

Alluding to the memory of Marielle Franco, Carolina pointed out that she will not be a martyr of this systemic violence that finds black and trans bodies in a necropolitical framework, further trivializing death in the country. Thus, she reiterated that the Brazilian State has an obligation to ensure that all black and trans leaders live safely to take part in politics. Additionally, the responsibility of their security cannot be exclusively left to civil society or the party.

In her speech, Councilwoman Erika Hilton denounced the persecution of human rights defenders and the women elected as an attempt at silence. As councilwoman she recalled a threatening experience of an attempted break-in to her office, as well as the university where she studied the walls were vandalized, “with spray-painted expressions: woman, black, elected, dead. I started my mandate having to prosecute more than 50 people for racist and transphobic attacks. How can I carry out political functions without being guaranteed physical integrity?” she questioned.

With the task of reporting the recommendations to the IACHR, Bruna Benevides further exposed the situation of political violence, especially the negligence of the Ministry of Women, Family and Human Rights, which made no statement, action or mobilization around political violence against cis and trans black women. As an example, Bruna cited the bill [2] that aims to protect victims of political violence, but through the transphobic movement of parliamentarians aligned with the fallacious narrative of “gender ideology,” it prevented the extension of protection to trans and travestis parliamentarians.

Bruna reported, “We have also observed several attempts to institutionalize transphobia by assigning biological criteria for access to and guarantee of fundamental rights, denying the right to the recognition of self-declaration and gender identity of trans people in various projects at the federal, state and municipal level. This disregard is corroborated by the negligence and omission of the State in recognizing these political acts of violence, especially against those who do not make up the government base and who are the most affected by political violence.”

Brazilian State representatives sought to escape the complaints with insufficient responses to the demands requested during the hearing, reaffirming a negationist position in relation to racial, transphobic, and political violence that harm political rights and the lives of parliamentarians. Through evasive arguments, representatives avoided and minimized the phenomenon of political violence in the country, attributing the facts to a world context.

In reference to the complaints, the IACHR Commissioners requested explanations from the State. Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and against Racial Discrimination and Rapporteur on the Rights of Women, argued how the Brazilian State monitors cases of violence in the country, moreover she criticized the implementation in law of the Inter-American Convention against Racism, which was already approved by the Federal Senate.

In addition, Joel Hernández, Rapporteur for Brazil, concluded the hearing by emphasizing the importance of advancing women’s political rights and highlighting the State’s rejection in hearing allegations concerning political violence. In addition, Hernández stressed the necessity in observing the ways that virtual harassment operates in order to understand the exercise of political rights in Brazil.

In accordance with complaints cited during the hearing and aimed at guaranteeing the rights and protection of women who are part of the political body of the country, the following recommendations were delivered to the IACHR:

  • Instigate the Brazilian State to be in development with the legislative chambers, as well as in dialogue with the city council members and organs of the justice system. Create mechanisms for referrals and prompt treatment of allegations of political violence against black women- cis and trans/travestis, ensuring identification and accountability of perpetrators of violence and providing psychological support to victims, their advisors and family members;
  • Urge the Brazilian State to promote coordinated and integrated actions with specialized cyber-crime investigation police departments to hold perpetrators accountable and inhibit the use of online tools and platforms for attacks of political violence, in particular when driven by mass and deliberately sponsored professional structures;
  • Prompt the Brazilian State to guarantee the training of judiciary members, the Public Prosecutor’s Office, the Public Defender’s Office, the Law Office, and the civil and federal police to increase their awareness of political violence against black women, trans and travestis, racial and gender discrimination, hate speech, and create anti-racist legislation, victims’ rights, redress measures, among other topics;
  • Promote public hearings, debates and inter-sectoral discussions between public bodies and society on the impacts of political violence motivated by transphobia and issues related to the trans population;
  • Urge the Brazilian State to advance in its adoption of specific legislation on political violence against women with actions that include preventing, restraining and punishing this type of violence, with a specific look at black women, travestis and transexual peoples;
  • Carry out political tasks by listening to social movements and local civil society organizations to learn more about the current context of violations of the rights of black women, transexuals and travestis who are candidates and elected human rights defenders, with worsening situations of conflict. As well as present the perspectives of international standards that can contribute to the improvement of national protection policies;
  • Place pressure on the Brazilian State to expand the structure and budget of the program for the Protection of Human Rights Defenders under the Ministry of Women, Family and Human Rights, and the inclusion of candidates and parliamentarians in this program, in order to ensure the protection of human rights defenders and their free exercise of political rights;

 

Missed the public hearing? Watch the full video here: youtu.be/Uu-U3OIoh2I

[1] https://www.violenciapolitica.org/

[2]https://g1.globo.com/politica/noticia/2020/12/10/camara-aprova-lei-com-medidas-de-combate-a-violencia-politica-contra-mulheres.ghtml

Leyla Huerta – Féminas Perú: The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist

Washington D.C., April 1, 2021 – On June 7, 2015, the Peruvian organization Féminas was created with the aim of empowering trans women to achieve recognition and respect for their rights. The International Institute on Race, Equality and Human Rights (Race and Equality) spoke with its founder and director, Leyla Huerta, who in addition to explaining the context that inspired the formation of Féminas, also described its future projects and the current situation trans women face in Peru.

Féminas emerged from the empowerment and activism Leyla envisions for trans women. By participating in other organizations that work with this population, Leyla was able to identify that in many cases, the bureaucracy and concentration of responsibilities do not correspond to the needs of women in terms of training and advocacy.

The leader explained, “I started questioning and saw that it made some people uncomfortable. Community activism was not an interesting scene. So, I stayed out of it, not participating in any organization. I continued to grow professionally and had the opportunity to coordinate a big project alongside trans women. With these women I began to create empowerment meetings within the workplace, and that’s how Féminas was formed.”

For Leyla, community activism is fundamental in changing reality and, therefore, the basis of Féminas’ work. “The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist. The mere fact of existing without saying anything, just your presence in a neighborhood, begins to question the existence of gender diversity.”

The impact of COVID and their Plans

The COVID-19 pandemic made 2020 a year full of challenges for Féminas, both in its organizational processes and advocacy actions. In addition, the abrupt removal of President Martín Vizcarra, meant a break in the discourse of support for the trans population, where previously the presidency and key institutions handled trans populations’ political recognition and guarantee of rights.

Peru does not have a Gender Identity Law, therefore name change is only possible through a judicial recourse, a process that can be very long and expensive. With COVID-19, the possibility of carrying out this process online opened, but trans people have encountered numerous limitations, such as the lack of instruction manuals that clearly explain procedural steps. For this reason, Leyla points out that the pandemic is delaying the objective of accumulating a high number of name change petitions and generating jurisprudence in this process.

A positive aspect is that the pandemic has forced the State to update its information and registration systems. “A girl changes her name now and everything is updated, (because) everything is online. The work that had to be done for this, took time so we do not have to go through all the institutions to change the name on all the documents. It is a great advantage for those who have been able to change their names,” Leyla explains.

A double burden

In the presence of COVID, Féminas provides humanitarian aid to trans women, which involves, in addition to regular meetings, a process of aid planning, identification of beneficiaries, dissemination on social networks, and production of informative videos. And while these actions respond to their vision as an organization, they cannot deny that it implies greater effort, and labor, which makes them reflect on the double burden that transgender people face as a result of their gender expression and gender identity.

“We say that ‘with everything that cis people experience politically, imagine how it is for trans people.’ Because we too are affected by the government, a political landscape where hate speech and the identity of people are used to generate shows and people don’t realize it. People are so consumed by capitalism that they don’t realize they are following this hate speech.”

Regarding the dismissal of Martín Vizcarra on November 10, 2020, Leyla claims it signifies a “lost battle” in the struggle for the recognition and guarantee of rights of trans people. Leyla explains, “Vicarra’s government tried to have a very inclusive vision. Unfortunately, it was also evident that much more is still lacking, but interesting things have occurred. The topic of “pico y género” and ministers discussing gender identity and gender expression, I believe has been very important.”

Féminas recognizes the Ministry of Women and Vulnerable Populations, the Ministry of Social Inclusion, and the Ministry of Justice and Human Rights as partners in the struggle. Leyla insures that within these Ministries there are people who have helped bring several changes, but due to the political crisis, this support was interrupted by a change in officials.

 What they want in the future

In the last five years, Féminas has managed to be in the Violence Against Women Plan, gotten trans women to be mentioned for the first time in a technical norm, and sought to continue name change trials to generate jurisprudence. Above all, it has fostered trust among the trans community. The latter is a point that Leyla considers fundamental, especially given the history the trans community has endured in Peru.

Leyla knows that to continue achieving these results as well as others, it is necessary to promote training processes and professionalization, which they were able to work on during the quarantine enforced by the COVID-19 pandemic. She states, “I want stability for Féminas, I see Féminas that way. An institution where we can provide different services, where we can have a research clinic, as an institution that can channel support for trans women and not lose that theme of idealism.”

The director stresses that in this process of growth they do not want to lose sight of community activism and always give prominence to women. “To continue at the community level (…), to be able to professionalize, contribute and improve the status of trans women, however it must be for trans women themselves and not only to develop the space where they will be. We are not going to achieve this change alone, with one or two people, but rather all together we can advance the conditions of the population,” Leyla reaffirms. She also mentions the political arena, as she considers it an important space for achieving sustainable change.

Race and Equality recognizes the importance of the work carried out by organizations such as Féminas in favor of trans people. We see with particular attention that the health emergency generated by COVID-19 during 2020, exacerbated many challenges. However, during this time the LGBTI community has learned many lessons, continuing to resist, heal and support each other.

Within this context, Race and Equality recognizes the different types of violence that LGBTI people endure, its diverse intersections with identity and sexuality, and the influences specific country contexts play. For this reason, we reiterate our support and accompaniment to organizations, like Féminas, who struggle every day to achieve the recognition of diverse gender expressions and gender identities.

International Day of Trans Visibility: Honoring the struggle to protect and promote trans rights in the Americas

Washington, D.C.; March 29, 2021 – On the eve of International Day of Trans Visibility (March 31), the International Institute on Race, Equality and Human Rights (Race and Equality) honors the activists who work tirelessly to protect and promote the human rights of trans people in Latin America and the Caribbean. We also call upon all States to put in place laws and policies that ensure respect, recognition, and full enjoyment of rights for the region’s trans population.

Sadly, for yet another year, the Day of Trans Visibility will be marked by a lack of recognition and protection for trans people in the Americas, resulting in threats, physical and verbal attacks, persecution, exclusion, and the deaths of people with diverse gender expressions and/or identities. According to the international organization Trans Respect vs. Transphobia, of the 350 killings of trans people that were reported worldwide between October 1, 2019 and September 30, 2020, 82% took place in Latin America.

The COVID-19 pandemic worsened the already-vulnerable situation of trans people throughout 2020. Some governments failed to consider trans people’s needs when designing gender-based pandemic response measures, exposing trans citizens to sanctions for supposedly violating these measures. Meanwhile, both police violence and violent criminal attacks against trans people increased during the year, especially violence against trans women sex workers.

Despite this adverse context, however, activists and civil society organizations remain firm in their commitment to fight for trans people’s fundamental rights. Race and Equality applauds the trans community’s efforts throughout the region and is committed to providing support and technical assistance as civil society advocates before regional and international human rights bodies.

To commemorate International Day of Trans Visibility, Race and Equality spoke with activists from around the region about their work and about their visions for a just society. These activists spoke of great challenges, but also of the victories they have won and their dreams for the future.

Recognition and respect

The Brazilian journalist Caê Vasconcelos told us that society needs to learn to see trans men in their full and complex totality. Caê, himself a trans man, said, “we should be able to bring our whole life stories, experiences of life, struggle, love, care, and all the power that our trans bodies have.” He emphasized that a lack of knowledge of trans people’s experiences renders them invisible in Brazilian society. This invisibility manifests, for example, in a total lack of gynecological or pregnancy care for trans men. Making trans people’s needs visible is a vital step to honoring their existence and ensuring their rights as full citizens.

This invisibility also results in transphobia and violence against trans people as Brazil’s cis-heteronormative structures lash out against those who are different. As the National Association of Travestis[1] and Transsexual People (ANTRA) reported in their Dossier on Homicides and Violence against  Travestis and Transsexual People in Brazil (2020), some conservative ideologies and political sectors encourage this hatred, leading to Brazil’s status as the country with the most murders of trans people.

In Nicaragua, the human rights activist and former political prisoner Victoria Obando sums up the trans movement’s demands as, “Stop killing us.” Recently, Nicaragua’s LGBT community was horrified by the brutal murder of Anahís “Lala” Contreras, a 22-year-old trans women who was beaten by two men and dragged behind a horse. For Victoria, such a grotesque act reveals the levels of violence and exclusion facing trans people in Nicaragua.

The case of Celia Cruz is indicative of the arbitrary persecution and criminalization that trans Nicaraguans have suffered at the hands of their government throughout the socio-political crisis that began in April 2018. Celia, a trans woman, has been held in a men’s prison since April 21, 2020, where she is serving a 10-year sentence after being convicted of obstruction of justice and kidnapping for ransom.

Tomás Anzola, coordinator of the Trans Support and Action Group (GAAT) in Colombia, told Race and Equality that he wishes “for trans people to be able to construct our own identities and bodily experiences in loving and safe environments, in the company of our support networks.” In Colombia, the COVID-19 pandemic has resulted in increased violence against trans people, with 28 trans people (27 women and 1 man) killed in 2020 and 6 already killed in 2021.

As Colombian society debates the decriminalization of abortion, several trans organizations have spoken out about the need to ensure that reproductive rights extend to trans Colombians, emphasizing that denying such rights to trans people denies their very identities. These organizations are also demanding reforms to the National Police after an attack against a trans woman in Soacha (Cundinamarca department) in which police officers insulted, attacked, and sexually abused her.

Colombia’s trans activists and organizations make clear that Colombia has not yet implemented effective public policies guaranteeing full recognition and enjoyment of trans people’s rights. This failure, they emphasize, leaves trans people highly vulnerable to prejudice and violence.

Living without fear

Isabella Fernández, an activist with the Peruvian organization Féminas, told Race and Equality that above all, she wishes for trans people to be able to grow up in homes free of violence and discrimination. Worldwide, trans people and others with diverse gender expressions and/or identities frequently leave home after being rejected by their families, putting them at risk of violence and other harm.

In Peru, organizations fighting for LGBT rights are working towards a national law on gender identity, seeking to ensure that trans people can have their genders recognized by public and private institutions. Currently, those whose genders do not correspond with their civil registrations or identity documents struggle to access health services, education, jobs, and housing.

The Dominican activist Geisha Collins, part of the organization Trans Siempre Amigas (Trans Always Friends, or TRANSSA) shared with us that trans women must have access to identity documents that reflect their genders, which is why TRANSSA is fighting for a gender identity law in the Dominican Republic. Geisha also works to fulfill trans Dominicans’ right to health services that reflect their needs and for access to education, work, and the justice system without discrimination.

TRANSSA is also leading a national campaign for the General Law on Equality and Non-discrimination, which will put into practice the guarantees of Article 39 of the Dominican Constitution. The draft law includes sexual orientation and gender identity as protected categories, outlawing “the denial of the right to enjoy a gender identity of one’s choosing,” which in turn “implies the right to reassign one’s gender or image on public documents.”

Race and Equality laments the lack of recognition for trans people on the part of States and societies in Latin America and the Caribbean, which in turn leads to violence and human rights violations. We support the demands of trans activists and organizations across the region and call on States to respect and protect all people’s human rights, without regard for their sexual orientation or gender identity and/or expression. We recommend the following steps to governments across the region:

  • Approve gender identity laws that allow trans people to exercise their citizenship under the correct gender without obstacles or delay, as called for in Consultative Opinion 24-17 of the Inter-American Court of Human Rights.
  • Strengthen programs to train public servants, including the police and judiciary, on gender identity and trans issues.
  • Investigate and sanction all acts of violence against trans people, guaranteeing protection and respect to trans people throughout the process.
  • Implement public education and awareness-raising campaigns to promote respect for LGBTI people and their rights.
  • Create specific public health protocols for attending to trans people and people with diverse gender identities and/or expressions.
  • Collect and publish disaggregated data on violence against LGBTI people, using an intersectional approach.
  • Sign and ratify the Inter-American Convention against All Forms of Discrimination.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

On International Women’s Day, Race and Equality pays tribute to all the women fighting for equality and a better world amid the COVID-19 pandemic

Washington, D.C., March 8, 2021.- On this year’s International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) makes a special recognition to all the women who were firm in their commitment for equality over the past year, particularly in light of the increase in violation of their rights during the COVID-19 pandemic. As such, we align with the United Nations’ theme for commemorating March 8: “Women in Leadership: Achieving an Equal Future in a COVID-19 World.”

Race and Equality held talks with seven women from different parts of Latin America and the Caribbean who participated in advocacy spaces to promote the defense of their rights. We asked them to share their message to the nation’s leaders as well as a message of hope and resistance to all the women in the region.

United and Secure

From Colombia, Alicia Quiñonez of the National Conference of Afro-Colombian Organizations (CNOA, in Spanish) asks the Colombian authorities to place their focus on the ethnic Afro-Colombian, Raizal and Palenquero territories; to protect life and to guarantee women the right to a decent life, free to pursue social, political and entrepreneurial work within their territories.

In her message to women, Alicia states: “I invite you all to imagine and to work towards more social, political and economic spaces that will allow us to remain united, lifting our voices each day for organizational processes that allow ethnic territories to demand their rights and to live in peace – because together, we can achieve much more.”

Rights’ Guarantee

Jessenia Casani, director of DEMUS of Peru, stated that authorities must focus their efforts on promoting and achieving gender equality. “We must confront the pandemic with a gender approach in mind. For example, we need to implement preventative strategies to counter sexist violence and, in this context, be able to guarantee sexual and reproductive rights by providing comprehensive sexual education, including access to emergency contraceptives, access to legal and safe abortion services, maternal health, and other services without discrimination and violence.”

Political Participation

Rosa Castro, from the Women’s Association of the Coast of Oaxaca, Mexico stressed the importance that women continue denouncing all forms of violence they experience, as well as demand for spaces of power. “Let us exercise our political rights and continue to organize, empower ourselves and consolidate our political participation in all decision- making spaces, women must have a place at the governance table and be represented in the discussions.”

Resilience in the Midst of Crisis

Juanita Jiménez, Director of the Autonomous Women’s Movement (MAM) in Nicaragua, explained that in the midst of a socio-political crisis and human rights crisis that the country has endured since April 2018 combined with the pandemic, women face an ever-increasing risk of violence and femicide. She assured that “the fight for equality continues on, for historical and present-day discrimination continue and even modernize.”

She emphasized, “We continue to fight for the return of democracy and for the return of all rights, we want to live in a democracy so that our human condition is recognized, so that our bodies are not punished for daring to decide, to think differently, nor be criticized or inspected by authorities; the fight for equality continues so that girls can grow up safe, be valued from birth, have access to technology, science, education, and integral development, and most importantly, that they can live free from violence.”

Perseverance

Lisandra Orraca, a Cuban citizen and member of the Latin American Federation of Rural Women (FLAMUR), made a special call to the authorities so that in Cuba any crimes of femicide be classified and punished as such. She expressed, “I would like to tell the women of my country to stay united in the fight for equality and for the respect of our rights, this is the only way we can achieve a better future, free from abuse and discrimination, together we can achieve it, we can never give up, together we can accomplish whatever we set our minds to.”

From the organization TRANSSA in the Dominican Republic, Agatha Brooks articulated the importance of authorities responding adequately and efficiently to the violence faced by trans women. In the midst of the pandemic, violence is exacerbated by the lack of gender identity legislation and access to health services, not to mention a drastic decrease in financial stability. Brooks remarks, “To women, both cis and trans, I tell them not to stop fighting, that our fight is constant and that, if women in the past had stopped fighting, we would not be where we are today. Although it is believed that there has not been progress, much progress has been made and we still have a long way to go, so we need courage, strength, we can move forward.”

Women in Pandemic: Resistance and Community

The health emergency generated by Covid-19 not only exceeded the capacities of most health systems around the world, but also exposed pre-existing inequalities, violence, and poverty in our societies. Thus, historically marginalized groups like the Afro-descendant populations, LGBTI peoples, and women suffered from the impacts of this pandemic in an extreme and differentiated way. The lack of access to health services, the exclusion of health measures, the exacerbation of gender violence and the increase in the burden of care assumed by women in the home are some only a few of the many emerged situations.

 

And yet, along with all this suffering, we saw how women who fight for the recognition and guarantee of their rights remained firm, including women in public positions, health personnel, and those who head the household. For these reasons and many more, from Race and Equality we hope that on this International Women’s Day, women can re-double their strength and determination to organize, advocate, and take action for their rights. Women’s contribution is essential to have a more just and equitable society.

Throughout this week, we will be sharing videos with the messages of these women on our social networks, under the slogan “Women in Pandemic: Resistance and Collective Action.” We invite you to join this campaign so that your voice can reach more spaces for reflection and advocacy.

Alongside international experts and Latin American civil society leaders, Race and Equality publishes a new report, “CEDAW and its Impact on Women’s Lives: an intersectional approach”

Washington, D.C., March 5, 2021.- In the lead-up to International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar on Thursday, March 4th to launch the report “CEDAW and its Impact on Women’s Lives: an intersectional approach.” Representatives from organizations that defend the rights of Afro-descendant and LGBT women served as panelists alongside Gladys Acosta, president of the UN Committee on the Elimination of All Forms of Discrimination Against Women (CEDAW).

Marisa Hutchinson, program official at International Women’s Rights Action Watch Asia Pacific (IWRAW Asia Pacific); Janaina Oliveira, national director for LGBT issues of the Workers’ Party (PT) in Brazil; Laritza Diversent, director of the Cuban-American NGO Cubalex; María Vélez, coordinator of the Casa Afirmativa project operated by the Colombian organization Caribe Afirmativo; and Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis[1] and Transsexual People, all spoke on the panel about the impact of CEDAW and the challenges still facing its work. Cecilia Ramírez, an Afro-Peruvian activist with the Peruvian Center for Black Women’s Development, served as the moderator.

Race and Equality’s executive director, Carlos Quesada, gave the opening remarks. Melissa Monroy, the report’s author and an advisor on women’s rights at Race and Equality, presented the report, which analyzes CEDAW’s impact in Brazil, Colombia, Cuba, the Dominican Republic, Mexico, Nicaragua, and Peru.

The report

In her presentation, Monroy explained that the report analyzes the dialogue among state parties, civil society, and the CEDAW committee that results in the committee’s reports and recommendations. The report pays particular attention to the representation and participation of Afro-descendant women, including Afro-descendant LGBT women, in this dialogue.

The analysis drew upon a thorough review of states’ reports to CEDAW and of CEDAW’s recommendations between 2010 and 2020. Monroy also interviewed civil society activists and leaders to understand their place in the CEDAW process and their perspectives on its impact.

“The actions of CEDAW, civil society, and state parties are all interconnected. More participation from diverse Afro-descendant women is needed in all three spheres for their voices to be heard effectively,” she remarked, noting that the report includes recommendations to the Committee, civil society, and states to improve their approach to Afro-descendant women’s rights.

The evolution of CEDAW

 CEDAW president Gladys Acosta acknowledged the lack of representation and participation of Afro-descendant women in the CEDAW process while assuring the audience that since the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women in 1979, the Committee has undergone several reforms as society’s understanding of women’s rights has evolved. For example, she explained, the Committee has moved from focusing on “violence against women” to “gender-based violence” as the latter term gains acceptance among experts.

“This is not just a conceptual change, this is a historical evolution brought about by struggle and activism. Struggle comes before advances in laws: first there is a struggle and later on national and international institutions recognize the change. These standards are elastic; they expand as social consciousness expands, so we may have said one thing in 1980, but today things are different. There is a broader understanding of what constitutes a human rights violation,” Acosta explained.

To give another example, Acosta referred to the concept of intersectionality, saying that it has helped to fulfill the Universal Declaration of Human Rights’ affirmation that all people are born free and equal in dignity and rights. “The Declaration establishes all people on equal footing, but for thousands of reasons we have delayed in arriving to this vision,” she stated.

“All this is in motion, it is not static, and the visibility that civil society brings to new issues is noticed – not only by CEDAW, but in all the UN treaty bodies. We are trying to create an understanding of human rights that is comprehensive, more specific, and more suited to protecting vulnerable people,” Acosta added.

An intersectional discussion of discrimination

 The panel’s civil society representatives drew on their experience working to defend and promote women’s rights to discuss how discrimination and violence are manifested in the lives of Afro-descendant and LGBT women.

“When I think about intersectionality, I first think about what it means to be a Black woman. We experience discrimination because of race or sexual orientation, because for a lesbian or trans Black woman, all your life experiences come to one point, which is your racial difference. This has a major impact on our experience with discrimination,” said Marisa Hutchinson, program official at IWRAW Asia Pacific.

Janaina Oliveira, national director for LGBTI issues of the Brazilian Workers’ Party, emphasized that not all public policies supposedly aimed at advancing women’s rights will improve the situation of Afro-descendant or LGBT women, especially in a country like Brazil, where the government of President Jair Bolsonaro denies the extent and impact of racism: “You can see this when we launch campaigns to fight violence against women, and there is a reduction in rates of violence only against non-Black women. State policies in favor of women don’t mean that the policies will reach the most vulnerable groups.”

Laritza Diversent, director of Cubalex, explained that in Cuba, Afro-descendant women suffer constant discrimination and violence at the hands of the authorities, including racial profiling by police who assume that Black women are involved in illegal sex work. “They assume Black women are more sexual and think that we try to go after tourists, so we are constantly being watched by police. During the pandemic, state violence against Black women has worsened,” she said, mentioning that the concept of intersectionality has not been mainstreamed in Cuba’s independent civil society, making it difficult to use an intersectional lens to gather and report data.

María Vélez of Caribe Afirmativo pointed out, “Lesbian, bisexual, and trans Black women experience life in racialized bodies, so we experience discrimination for our sexual orientation or gender identity differently than white LGBT women do. We experience it in an environment where racism against us is ingrained socially, economically, even religiously. Intersectionality requires us to think about racial, gender, and class oppression and how they are interrelated. This is how we can understand the inequality that we experience.”

The panel closed with remarks from Wescla Vasconcelos, coordinator of the Rio de Janeiro Forum of Travestis and Transsexual People, who warned of serious discrimination facing LGBTI people in Brazil. “We are the population that suffers the most hate crimes. This brutality must stop, it must be combatted – the situation must change,” she insisted.

At Race and Equality, we are committed to practicing intersectionality across our programs defending and promoting human rights, including the rights of Afro-descendant and LGBTI people. We hope that this new report will contribute to civil society’s understanding of intersectionality, its role in the fight against discrimination, and how to incorporate it into national, regional, and international policies for human rights.

The Spanish version of the report can be found here. English and Portuguese translations will be available soon.

The recording of the webinar can be found here.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

Race and Equality publishes the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” in English

The International Institute on Race, Equality and Human Rights (Race and Equality) is pleased to announce that the English version of the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” is now available on the organization’s website. Originally launched in Brazil in November 2020, the report documents human rights violations against the Brazilian Afro-LGBTI population, highlights a lack of official data on this crucial subject, and calls on Brazilian society to recognize the communities’ particular struggles and demands. The dossier features a preface written by the UN Independent Expert on Sexual Orietation and Gender Identity (IE-SOGI), Victor Madrigal-Borloz.

About the dossier:

In response to constant reports of human rights violations against Afro-LGBTI Brazilians and to a lack of data about their situation, Race and Equality conducted a thorough investigation, meeting with civil society organizations and focus groups to discuss the systematic injustices plaguing this community. The dossier includes chapters on the murders of LGBTI people, access to justice, police violence, access to health, access to education, and access to work. The dossier demonstrates that structural racism in Brazil leads to public discussions of LGBTI rights that neglect the issues of race and racism, rendering the Afro-LGBTI population invisible. As a result, systematic racism continues to produce inequalities and harm Afro-LGBTI Brazilians’ chances for a decent and dignified life.

Isaac Porto, author of the report, highlights the urgent need to incorporate race into Brazil’s dialogue on LGBTI rights. In Brazil, the national myth of “racial democracy,” which presents white Brazilians’ perspectives and values as universal, has resulted in Afro-Brazilians being silenced and marginalized in all spheres, including the LGBTI community. Porto points out that the disparities between white and Afro-Brazilian LGBTI people’s experiences become even more stark when examining the experiences of trans Brazilians. According to Porto,

“It is clear that Afro-LGBTI people are the population most impacted by murder in Brazil, are the hardest-hit by police violence, and face the greatest difficulties in accessing justice, health, education, and work. It is essential to strengthen Brazilian organizations and activists so that they can raise awareness about the human rights situation of LGBTI Brazilians and about their own work to combat the myriad and perverse violations of their rights.”

Based on the findings of Race and Equality’s research, including extensive feedback from LGBTI civil society organization, the dossier concludes with a series of recommendations for the Brazilian State, international human rights organizations, civil society, and government agencies. Among them are highlighted:

1 – Ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and ratification of the Inter-American Convention Against All Forms of Discrimination and Intolerance.

2 – The creation of a concrete plan to combat LGBTI-phobic violence in Brazil, including an intersectional approach that will combat the racist and LGBTI-phobic violence against Afro-Brazilians.

3 – Initiatives from the Ministry of Labor to combat discrimination against Afro-LGBTI workers in hiring, promotion, pay, and working conditions.

4 – Commitments from all relevant stakeholders to support civil society organizations as they work to document the murders of LGBTI people, assurances that these organizations will not face unnecessary bureaucratic obstacles, and respect for their work from the government.

Download the dossier in English: Link

View a recording of the dossier’s launch, featuring speakers from Brazilian civil society: http://bit.ly/350lGF5

 

Human Rights Day: Continuing on the path towards human rights for all

Washington, D.C.; December 10, 2020.- 72 years after the United Nations General Assembly adopted the Universal Declaration of Human Rights, the world has not yet achieved the full guarantee and enjoyment of each person’s inherent rights. In Latin America and the Caribbean, structures that contribute to human rights violations, particularly violations against historically marginalized populations, remain persistent and in some cases are worsening.

This December 10th, the International Institute on Race, Equality and Human Rights (Race and Equality) joins the international celebration of Human Rights Day by reviewing the human rights situation across the region, particularly the countries where we partner with civil society: Brazil, Colombia, Cuba, the Dominican Republic, Nicaragua, Mexico, Panama, and Peru.

The killing of George Floyd

Race and Equality added our voice to the global outrage sparked by the killing of George Floyd, a Black U.S. citizen, at the hands four white police officers in Minneapolis, Minnesota on May 25th. Video of the tragedy on social media sparked indignation and a re-examination of the realities of racism and police brutality in the U.S.

We were heartened by the rapid and forceful response of the international human rights protection system to this travesty, including the June 17th Urgent Debate of the United Nations Human Rights Council on “the current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest” and the adoption of Human Rights Council Resolution 43/1. We are concerned, however, at the lack of follow-up effort to strengthen the various international human rights mechanisms’ ability to monitor States’ compliance with their obligations in this regard.

COVID-19: a multiplier of inequality

The COVID-19 pandemic has made it clearer than ever that economic inequality and inequality in access to health and education have deadly consequences across the region. It has also made clear that when States fail to design public policies with an intersectional approach, indigenous, Afro-descendant, and LGBTI populations who have suffered historical marginalization and discrimination are the hardest-hit.

In Brazil, for example, the Afro-Brazilian population has seen its most fundamental right to life threatened by the denialism of President Jair Bolsonaro’s administration. Afro-Brazilians have been the population most negatively impacted by the current government’s refusal to implement proper public health measures. During the most critical months of the pandemic, Brazilian women were murdered at a rate of one every nine hours. Of these victims, 73% were Afro-descendant women.

Discrimination for reasons of sexual orientation and gender identity has also manifested itself in the context of COVID-19. In Colombia, a trans woman and sex worker named Alejandra Monocuco died in late May after medical personnel refused to give her emergency care. The personnel, who had been called by Alejandra’s companions when she suddenly became unable to breathe, refused to approach her when they learned that she was HIV-positive and told her companions that she must have been suffering an “overdose.”

The COVID-19 pandemic has coincided with the 2020 Census in Mexico, a situation that Afro-Mexican activists fear has affected census-takers’ ability to collect trustworthy data on the Afro-descendant population. Particularly in parts of Mexico not normally thought of as Afro-Mexican population centers, low rates of self-identification among Afro-descendants can lead to undercounting.

Anti-LGBTI violence and hatred

Latin America continues to be the region with the most murders of trans people. In Brazil, where the current government continues to tolerate and encourage LGBTI-phobia, 151 trans people have been murdered this year. In Colombia, Race and Equality has worked with our grassroots partners to record 65 incidents of discrimination, harassment, assault, and murder against people with diverse sexual orientations and/or gender identities.

The refusal to recognize LGBTI people’s rights and respond to their demands for justice is concerning across the region. In Peru, for example, the Constitutional Court rejected Óscar Ugarteche’s effort to have his marriage to his husband Fidel Aroche, celebrated in Mexico in 2010, inscribed in the National Civil Registry. Peru also failed to account for the rights of trans and non-binary people when it implemented its quarantine policy known as pico y género,[1] leading to acts of discrimination against this population.

In Panama, civil society continues to demand that the government introduce a law legalizing marriage equality for legislative debate, while LGBTI organizations in the Dominican Republic are leading a campaign for a Law on Equality and Non-Discrimination to protect the rights of Afro-descendant and LGBTI people.

Human rights defenders continue to be murdered

Four years after the historic Final Peace Accords ended more than 50 years of armed conflict between the Colombian government and the FARC rebels, the country is suffering one of the worst periods of violence in recent memory. The rise in violence is attributable to attacks against social leaders, human rights defenders, and ex-combatants participating in the peace program and to violent murders of civilians, such as the August 11th murder of five Young Afro-Colombian men in the Llano Verde neighborhood of Cali.

According to the Ideas for Peace Foundation (Indepaz), 287 murders of rights defenders have taken place this year as of December 7th. Indepaz reports that 688 such murders have taken place during the current administration of President Ivan Duque and a total of 1,086 have occurred since the signing of the Peace Accords. Colombian civil society continues to call for an urgent response on the part of the State, but President Duque’s government persists in prioritizing its own policy of “Peace with Legality” above the implementation of the Accords. This policy neglects vital elements of building sustainable peace, particularly women’s rights and the rights of ethnic minorities, which had been enshrined in the Accords’ groundbreaking “Ethnic Chapter.”

Repression of civil society

In Cuba, repression of activists, journalists, artists, and human rights defenders has increased as the government uses the COVID-19 pandemic as a pretext for restricting the activities of independent civil society. Short-term detentions, raids and searches, confiscations of property, summary trials, and arbitrary criminal charges such as “contempt” or “public disorder” are all wielded against civil society leaders.

In Nicaragua, where the human rights crisis of April 2018 has not yet abated, authorities continue to persecute those who dissent from the current government. In the context of a public health and economic crisis sparked by COVID-19, this repression severely harms Nicaraguans’ fundamental rights. Currently, 109 people remain behind bars as political prisoners stemming from protests. Two recent laws (the Law on Foreign Agents and the Special La won Cybercrime) and the recent effort to punish “hate crimes” with life imprisonment pose acute threats to the freedoms of association, assembly, and expression.

Nicaraguan authorities continue to wield repression against those who demand accountability and respect for human rights. Along with their families, these rights defenders are threatened, monitored, and at times prevented from moving freely by the police. Meanwhile, an average of 40 violations of freedom of the press, including both physical attacks and persecution in the courts, are recorded each month.

On International Human Rights Day, Race and Equality reaffirms our commitment to building the capacities of in-country organizations to document human rights violations, defend their rights before the Inter-American and United Nations human rights systems, and advocate for reforms that will lead to the full enjoyment of human rights for all, without discrimination. We call upon all States to comply with their obligations to protect and promote human rights, obligations that are more pressing during the COVID-19 pandemic than ever.

We commit to continue our work advancing human rights for all people in the countries where we work, regardless of their race, sex, gender, sexual orientation, gender identity, or political beliefs. We salute the efforts of the Inter-American Commission on Human Rights, the Inter-American Court on Human Rights, the United Nations Human Rights Council, the UN treaty bodies, and the special procedures of the UN human rights system, and express our hope that they will remain steadfast in their work.

 

[1] Pico y género, which was also implemented in other parts of the region, called for women and men to leave the house on alternating days

World AIDS Day: Race and Equality calls for Brazil and Colombia to guarantee equality in HIV treatment

This December 1, the International Institute on Race, Equality and Human Rights (Race and Equality) honors and stands in solidarity with all people living with HIV on World AIDS Day. Established by the World Health Organization (WHO) in October 1987, with support from the United Nations (UN), the date aims to raise awareness and promote dialogue on sexual rights in an inclusive and responsive way for HIV prevention. In addition, this date aims to break stigmas about the reality of people living with the virus, being a day of visibility and solidarity.

Brazil: Structural racism and LGBTIphobia as barriers in the treatment of AIDS

In Brazil, throughout the month of December, the “Red December” awareness campaign is celebrated, symbolized by a red ribbon that, globally, represents solidarity and commitment in the fight against AIDS. However, the country, that was once a world reference for the treatment of AIDS, currently faces a dismantling of the Unified Health System (SUS) accompanied by setbacks in public policies such as governmental decrees that have demoted departments dealing with the monitoring and prevention of sexually transmitted diseases, under which HIV is considered.

In its chapter on the right to health, the report “What is the color of the Invisible? The human rights situation of the Afro-LGBTI population in Brazil”, published by Race and Equality, provides data that explains the worrisome advancement of HIV / AIDS in the country [1]. As the document points out, structural racism and LGBTIphobia combined with the advancement of religious conservatism, constitute obstacles to the equal treatment of HIV for the entire population. The State’s lack of responsibility in the face of a moralistic discourse, incites society to prejudiced and LGBTIphobic practices when facing the fallacy that HIV is a virus that only infects homosexual people. As a result, any discussion on sex education was eliminated from schools.

According to the report, between 2007 and 2017, there was a 700% increase in HIV infection rates among people ages 15 to 24. This data is from the previous government, but it is known that due to the advancement of religious conservatism, currently, there are explosions of HIV cases among young people and adolescents who have not had access to the necessary public health information. Additionally, the report shows the impact of racism on healthcare and treatment, evidenced by the large discrepancy in relation to race and sex in the increase in cases of HIV infection and the development of AIDS, between 2008 and 2018.

Epidemiological data, explained by the report, shows that for both men and women, while the number of deaths from AIDS has decreased among white people, it has increased considerably among Black people. In 2018, there were 2,885 (40.3%) deaths of white men and 4,219 (59%) deaths of Black men. For women, the same differences occur. In 2008, there were 1,804 (47.4%) deaths of white women and 1,981 (52.1%) deaths of Black women. In 2018, there were 1,309 (37.7%) deaths of white women and 2,136 (61.5%) deaths of Black women.

The document criticizes the invisibility of lesbian women, transgender women, travestis and trans men in the data provided in the epidemiological bulletin. Placed within patterns of universal cis-heteronormativity, consequently, these groups no longer have public health policies that understand their real needs and, once again, are erased from the discussion and left more vulnerable.

The report reveals that, “A meta-analysis carried out based on data from 15 countries [2], estimated that 33.1% of trans women in Brazil lived with HIV, only behind Argentina (33.5%) and India (43.7% ), according to the data recorded up until 2011. That same survey pointed to the alarming estimate that trans women were 49 times more likely to contract HIV than other people.”

In this sense, the report brings to light the impact caused by structural racism and LGBTIphobia, condemning a large part of the Brazilian population to situations of extreme vulnerability in care and treatment for a dignified health condition. With this, the advancement of HIV / AIDS in Brazil again puts the country at risk of a pandemic, seeing as the dismantling of social programs essential for the maintenance of the population’s health serve as grounds for the proliferation not only of diseases, but also inequality and intolerance.

HIV/AIDS in Colombia: a success story without victories

 The annual global report from the Joint United Nations Programme on HIV / AIDS (UNAIDS), published in 2020 [3], reveals that Colombia is one of the few countries in Latin America where the rate of HIV infections has decreased in the last decade. Despite this, the general figures hide the lack of progress in serving the most vulnerable groups, seeing as high mortality rates still persist. However, there are other structural barriers that prevent these populations from accessing programs already proposed by the Government under this global strategy.

First, there is an important gap in access to health services due to the high rates of informal work and unemployment in the country which limit the possibilities of accessing services for the diagnosis of the disease, specifically for early diagnosis allowing for timely action and treatment. Today, the epidemic is concentrated in specific groups, two of which belong to the LGBTI population: “men who have sex with men”, MSM (this category includes bisexual men and men who do not declare themselves “gay”), and “trans women ”, MT (trans people who are born men and are now women). Within these groups, seropositivity levels are found to be highly elevated.

In Bogotá, the contagion rates in 2018 were around 17% (MSM) and 20% (MT). In contrast, the prevalence for the rest of the population in Bogotá is 0.5%, for those between the ages of 15 and 49 [4]. According to the Ministry of Health, at the national level, men who have sex with people of the same sex have a prevalence of HIV infection of 20.4% and transsexual women of 23.4% [5]. Despite these figures, there are no specific programs that allow these groups to access rapid tests or relevant information on them.

The second major barrier is the discrimination and prejudice that still exists around the subject. The stigma represented by HIV involves disrespectful and unnecessary inquiries about people’s sexual identity, their performance as a sex worker or about drug use. This is especially shocking if we take into account that in the main cities of Colombia, cases of contagion increased in trans women by more than 15% in 2019, among whom sex work continued to be one of the most common sources of income [6 ]. There is a negative burden associated with the disease that sends a message of death and / or undesirability to society about people living with HIV.

Just last year, the Colombian Constitutional Court eliminated the section of the penal code that criminalizes HIV transmission, noting that the law violated principles of equality and non-discrimination, considering that it discriminated against people living with the virus, stigmatizing it and limiting their rights [7]. As long as there are little to no specific programs for these populations on how to access healthcare and that work toward eliminating prejudices about the disease in general, it is clear that the fear of undergoing medical treatment and of society’s response will prevail over the search for a diagnosis.

Finally, returning to the idea that the Colombian government needs to strengthen its preventive response, it is important to understand that the phenomenon of HIV / AIDS presents itself as a serious global public health issue, in which we must not only discuss the natural context of the disease, but also a process that involves several dimensions, such as the social, economic and cultural ones.

The context of the COVID-19 pandemic has exacerbated these difficulties. Although UNAIDS recommended that all countries distribute antiretrovirals to patients for periods of three months rather than monthly, in order to prevent them from excess exposure to COVID-19 from frequent outings, Colombia did not accept this provision [8]. This decision, in addition to the difficult socioeconomic conditions that already affect the LGBTI population, currently limits the access to health services by LGBTI persons [9].

On this day, Race and Equality calls upon States throughout Latin America to guarantee racial and sexual equality in the treatment of HIV, in addition to reinforcing the urgent need for sex education campaigns, whether in school environments or in public spaces. It is necessary to break stigmas and strengthen HIV prevention so that the world is not hit by another pandemic that, as is known, can be controlled. With this, we urge States to adopt the following recommendations:

1- Carry out the recommendations of the IACHR contained in its report on Violence against LGBTI people (2015) and adopt comprehensive measures that effectively combat discrimination and violence faced by LGBTI people living in poverty and extreme poverty; [10]

2- That guidelines be developed so that medical and nursing schools address – in their curricula, research, extension groups and in their academic events – topics such as sexual orientation and gender identity, so that, from their education, health professionals better understand the specific needs of LGBTI people, in particular transgender people.

3- That measures of awareness and training of professionals working in the health area be adopted, ensuring equal treatment for LGBTI people.

 

 

[1] Report available at: http://oldrace.wp/es/es_publicaciones/

[2] Argentina, Australia, Brazil, El Salvador, Spain, United States, Netherlands, India, Indonesia, Italy, Peru, Pakistan, Thailand, Uruguay and Vietnam.

[3] Available at: https://www.unaids.org/sites/default/files/media_asset/ 2020_global-aids-report_en.pdf

[4] Available at: https://www.revistaarcadia.com/periodismo-cultural—revista-arcadia/articulo/ lgbt-political-and-the-challenge-confront-hivsida-in-colombia / 68263 /

[5] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[6] Available at: http://unradio.unal.edu.co/nc/detalle/cat/un-analisis/article/vih-en-america- latina.html

[7] Available at: https://www.corteconstitucional.gov.co/relatoria/2019/C-248-19.htm

[8] Available at: https://www.unaids.org/sites/default/files/country/documents/COL_2020_countryreport.pdf

[9] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[10] IACHR. Violence against LGBTI Persons. 2015, p. 227, par. 382. Available at: http://www.oas.org/en/iachr/reports/pdfs/ViolenceLGBTIPersons.pdf

Join Our Efforts

Help empower individuals and communities to achieve structural changes in Latin America.