Thematic Hearing Before the Inter-American Commission on Human Rights on the Rights of LGBTI People in Cuba

Photo courtesy of OAS photographer Daniel Cima, licensed under CC BY 2.0.

Washington DC, Monday,

October 19, 2015

Independent Cuban LGBTI activists, in coordination with the Institute for Race, Equality and Human Rights participated in a thematic hearing before the Inter-American Commission on Human Rights in order present a report on the human rights situation of LGBTI people in Cuba.

Juana Mora Cedeño of Arco Iris Libre de Cuba (Free Rainbow of Cuba) and Sisi Montiel of the Red Trans Fantasía (Fantasy Trans Network) appeared on behalf of independent Cuban LGBTI civil society, and Carlos Quesada, Executive Director of the Institute on Race, Equality and Human, joined the activists to present on the situation of discrimination and unequal protection of rights experienced by LGBTI people in Cuba.

No representative of the Cuban Government appeared.

Carlos Quesada expressed his concern to the Commission regarding the situation of human rights defenders in Cuba, where they are seen as “a threat by the Cuban government.” Quesada noted the Cuban government’s efforts at heightening the visibility of the Cuban LGBTI community, but stated that this increase in visibility “contrasts with the human rights situation of LGBTI persons in Cuba.” Quesada emphasized that the lack of data on human rights in general, and the rights of LGBTI persons specifically, remained a major obstacle for activists in Cuba.

Juana Mora Cedeño of Arco Iris de Cuba summed up the goals of the independent LGBTI civil society’s participation in the hearing. “What we aim to do is to present a critical response to the reality confronted by sexual minorities on the island, and to offer different viewpoint in order to urge the state’s institutions and the international community to better protect the human rights of LGBTI people in Cuba.”

Mora Cedeño presented to the Commission findings from the report researched and written by independent Cuban LGBTI activists. 150 Cuban LGBTI persons were interviewed, and the report detailed high incidences of police brutality, arbitrary detentions, intra-familial violence and discrimination compounded by gender identity or race and ethnicity. According to the findings, 87 of the 150 persons surveyed claimed to have been a victim of police brutality, while 67 of those surveyed were victims of violence in the home, and 45 had suffered discrimination in the workplace.

Sisi Montiel of the Red Trans Fantasía presented on obstacles faced by transgender people in Cuba, including high rates of suicide, lack of employment opportunity, as well as discrimination in education and the health sector. Montiel noted that in the latest labor code there was a lack of explicit language barring discrimination based on gender identity, meaning that “transgender people are excluded.”

Some of the recommendations of the petitioners to the Commission included the following:

To urge the Cuban government to rejoin the Organization of American States and the Inter-American System for Human Rights.

To request that the Cuban government disseminate throughout the island all documents pertaining to the international and regional systems for protecting human rights.

To request that the Cuban government cease the repression of the leaders of independent human rights organizations in general, and LGBTI organizations specifically.

Urge that the Cuban government instruct police forces to cease the repression against the LGBTI population.

At the conclusion of the petitioners’ presentations the Commissioners present made several observations. Commissioner Tracy Robinson, Rapporteur for the rights of LGBTI people reiterated the Commission’s “strong position about the need for freedom of association and freedom of speech of all human rights defenders.” The Commissioners also expressed their concern about retributions against the petitioners for their participation in the hearings. Commissioner James Cavallaro reiterated “the absolute prohibition of reprisals or intimidation against human rights defenders.”

To access video of the thematic hearing, use this link to visit the website of the Inter-American Commission on Human Rights:

Thematic Hearing Before the Inter-American Commission on Human Rights on the Situation of Afro-Costa Ricans

Photo courtesy of OAS photographer Daniel Cima, licensed under CC BY 2.0.

Washington DC, Friday, October 23rd 2015

Carlos Quesada of the Institute on Race, Equality and Human Rights, in conjunction with Costa Rican co-petitioner Catherine McKinley of the Asociación para el Desarrollo de las Mujeres Negras Costarricences (the Association for the Development of Costa Rican Black Women), in representation of the Afro-Costa Rican groups the Unión Afrodescendiente Asesora (the Afro-Descendant Advisory Union) and the Red Nacional de Jóvenes Afrocostarricenses (the National Network of Afro-Costa Rican Youth), participated in a thematic hearing before the Inter-American Commission on Human Rights in order to present to the Commission a current overview of the challenges facing Afro-Costa Ricans.

Catherine McKinley presented information on the number of Afro-Costa Ricans from the latest 2011 National Census, noting that at least 8 percent of the Costa Rican population, or around 330,000 people, are Afro-descendant.

McKinley also made clear that the Afro-Costa Rican population still faces significant obstacles to the full exercise of their rights, saying that in Costa Rica, “racism is deep-rooted and structural, and it is an issue that demands immediate, sustained, strategic and programmed actions on the part of the Costa Rican government.”

McKinley spoke of some of the social and economic challenges disproportionately affecting Afro-Costa Ricans. She presented data that showed Afro-Costa Ricans have higher indices of Unmet Basic Needs, at 34.1% compared to the national average of 27.4%. Afro-Costa Ricans also have lower high-school completion rates, at 53.5% compared to the 57.8% national average. Alarmingly, McKinley also noted that up to 1 in 5 Afro-Costa Ricans do not have social security.

McKinley also testified to the hostile social environment faced by Afro-Costa Ricans, one that is amplified in social media, radio programming and in the news media. This animosity has been exemplified by the hostility toward Afro-Costa Ricans’ objections to the book Cocorí, a fictional story based on caricature grossly insulting to Afro-Costa Ricans that portrays blacks as ugly, unintelligent and dirty. Despite objections from Afro-Costa Rican civil society for more than 20 years, Cocorí has been included in the national school curriculum for decades.

On behalf of the Afro-Costa Rican civil society organizations represented at the hearing, McKinley presented several recommendations to the Commission and the Costa Rican government, including the following:

That the Commission should visit Costa Rica in order to verify the denunciations made during the thematic hearing.

That the government of Costa Rica accelerate ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance currently on the legislative agenda.

That the Commission recommend to the Costa Rican government the removal the book Cocorí from the official reading school reading list.

Officials from the Ministry of Foreign Affairs and Worship as well as from the Presidential Commission on Afro-Descendant Affairs attended the hearing on behalf of the Costa Rican government. In their testimony before the Commission, the representatives affirmed that it was not their intention to “defend the book Cocorí.” The officials underlined the government’s recent recognition of Costa Rica as a multiethnic and multicultural society, although one where there still exists “indirect and structural racism and racial discrimination.”

The Commissioners present manifested their concern over the current situation of Afro-Costa Ricans, inquiring about affirmative actions by the Costa Rican government, as well as the necessary budget of the Presidential Commission on Afro-Descendant Affairs. Commissioner Rose-Marie Belle Antoine expressed her “satisfaction that the State recognizes that there is in fact structural discrimination in the country.” Regarding the use of Cocorí in the public education curriculum, Commissioner Antoine noted that Cocorí is “an important symptom of a wider problem.” Commissioner Felipe González noted that, in regards to removing Cocorí from public education, “[concrete] actions must be taken, even if they not popular, when these actions will secure basic rights.”

To access video of the thematic hearing, use this link to visit the website of the Inter-American Commission on Human Rights:

http://www.oas.org/es/cidh/multimedia/sesiones/156/default.asp

Thematic Hearing Before the Inter-American Commission on Human Rights on the Rights of LGBTI People in Cuba

Thematic Hearing Before the Inter-American Commission on Human Rights on the Rights of LGBTI People in Cuba

Thematic Hearing Before the Inter-American Commission on Human Rights on the Situation of Afro-Costa Ricans

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