Human rights defender Vilma Núñez asks the IACHR to demand respect for the right of association in Nicaragua

Human rights defender Vilma Núñez asks the IACHR to demand respect for the right of association in Nicaragua

Jamaica, May 9, 2019. Yesterday, the President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), Vilma Núñez, asked the Inter-American Commission on Human Rights (IACHR) to address the State of Nicaragua in conjunction with the relevant bodies of the United Nations regarding the right to freedom of peaceful assembly and association in the country. That right that has been widely violated by the authorities during the crisis that has enveloped Nicaragua since April 2018.

Núñez’s request was made during the regional hearing entitled “Human rights, development and freedom of association” during the 172nd session of the IACHR. The hearing occurred five months after the CENIDH’s legal status was invalidated.

“Thirty years of work by CENIDH were practically eliminated on December 12, 2018, when the National Assembly, controlled by the Ortega-Murillo presidential couple, annulled our legal status,” Núñez said. “On the night of December 13, the Ministry of the Interior gave the order to break into our offices in Managua, and 60 policemen forcefully entered through the roof. They tied our guard’s hands and feet together, beat him, and forced him to remain under a desk for four hours. They destroyed and stole everything,” she added.

Nuñez explained that the Chontales office of CENIDH was also ransacked by the police. On December 14, the organization’s bank accounts were frozen.

Eight other NGOs in the same situation

In addition to having canceled the legal status of CENIDH, the National Assembly invalidated the legal status of eight other Nicaraguan organizations: the Let’s Do Democracy Association, the Center for Health Information and Advisory Services (CISAS, for its initials in Spanish), the Institute for Strategic Studies and Public Policies (IEEPP, for its initials in Spanish), the Segovias Leadership Institute, the River Foundation, the Institute for Development and Democracy (IPADE, for its initials in Spanish), the Popol Na Foundation for Municipal Promotion and Development, and the Communication Investigation Center (CINCO, for its initials in Spanish).

“Repression has an impact on the development of our country in all aspects, since development requires a basic dialogue between the government and civil society, a smooth cooperation between governors and the governed. CENIDH, as well as the other organizations legally invalidated, represented a legitimate expression of citizen participation for the defense and promotion of human rights,” Núñez emphasized.

The human rights defender also denounced that the National Assembly that outlawed nine NGOs has granted legal status to parastatal associations, including the one named “Defenders of the nation.” “This is the legalization of paramilitarism in our country,” stated Núñez.

Petition

Núñez asked the IACHR to accurately assess the status of violations of the right of association in Nicaragua and to include this information in its report on the country.

In addition, she requested that the IACHR demand that the State of Nicaragua, in conjunction with the UN Special Rapporteur on the right to freedom of peaceful assembly and association, respect the right to freedom of association, the right to collectively defend rights, and consequently, immediately restore  the legal status of CENIDH and the other eight NGOs and return all of their assets.

Reactions

Other human rights defenders from Ecuador, Bolivia, Brazil, Venezuela, and Colombia also participated in the hearing to denounce violations of the right to freedom of association in their respective countries.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Clément Nyaletsossi, urged defenders to send his office information that can be used as an input on his next report and called on States to eliminate any restrictions on this human right.

“Today we see how, in Venezuela and Nicaragua, the living conditions of citizens are deteriorating because civil society cannot offer their services. Civil society must stimulate and mobilize communities to fight against inequities,” he said.

During the hearing, the Special Rapporteur for freedom of expression of the IACHR, Edison Lanza, revealed that his office is working on a thematic report on social protest in the Americas. “The idea is to develop clear standards regarding the interaction and connection between freedom of peaceful assembly and association with the development of democracy, and economic, social, and cultural rights in the countries,” he explained.

Human rights defenders denounce the context of serious violence faced by Indigenous and Afro-descendant people of the Nicaraguan Caribbean

Jamaica, May 8, 2019. The indigenous and Afro-descendant communities of the Caribbean Coast of Nicaragua are facing a serious situation of violence as a result of the invasions of ancestral territories by settlers, human rights defenders denounced today before the Inter-American Commission on Human Rights (IACHR), during its 172nd period of sessions.

Lottie Cunningham of the Center for Justice and Human Rights of Nicaragua’s Atlantic Coast (CEJUDHCAN, for its initials in Spanish), explained that the conflict between indigenous people and settlers has had “devastating consequences,” because it has impacted rights to integrity, health, food, access to water, a healthy environment, cultural identity, and a decent life. Furthermore, this situation has resulted in the forced displacement of indigenous communities, seriously affecting their traditional ways of life.

The hearing entitled “Situation of the Indigenous and Afro-descendant people of the Caribbean Coast of Nicaragua” was also attended by Ana Bolaños of the Institute on Race, Equality and Human Rights (Race and Equality); Nora Newball of the Creole Government of Bluefields and the Alliance of Indigenous and Afro-descendant People of Nicaragua (APIAN, for its initials in Spanish); and Esteban Madrigal of the Center for Justice and International Law (CEJIL). The State of Nicaragua, which was invited to participate in the event, did not attend.

Context of the conflict

The Atlantic Coast of Nicaragua is a multi-ethnic, pluricultural and multilingual region where nearly 508,000 people with origins from the Mískitu, Sumu/Mayangnas, Rama and Afro-descendant (Creoles and Garífunas) communities live.

This territory “has been ravaged for years by poverty and by a systematic violation of the right to ancestral territories,” said Ana Bolaños, attorney at Race and Equality. As a result of a ruling of the Inter-American Court of Human Rights in 2005, the State of Nicaragua approved Law 445, which established a process of demarcation and titling of these communities’ lands.

Under this law, between 2007 and 2016, 23 territories benefiting 304 indigenous and Afro-descendant communities were demarcated, but the title-clearing process has not been carried out, which is the State guarantee to the indigenous people of “the effective use and enjoyment of their titled territories when faced with their occupation by third parties or settlers.”

In the absence of this process, the settlers, mostly ex-soldiers operating under the Nicaraguan State’s tolerance, extract the natural assets of the communities for marketing purposes.

Despite the fact that the IACHR granted precautionary measures in favor of 12 communities on the Northern Caribbean Coast of Nicaragua and that the Inter-American Court of Human Rights ordered the State to adopt measures to guarantee the life, integrity, territory and cultural identity of seven of these communities, “as of today, there has yet to be an effective response from the State,” according to activists.

Increase in violence

Cunningham warned that violent actions by settlers have increased lately. For example, in February, two women from the community of Santa Clara were kidnapped by 25 armed settlers and forced to work cleaning beans under threat of death.

CEJUDHCAN has documented that between 2011 and 2018, a total of 34 community members have been killed, 44 injured, 25 kidnapped, and four disappeared in the context of the conflict.

Additionally, Cunningham said that the violence has generated a food crisis for members of the communities who cannot access their plots or perform other activities such as hunting and fishing. “In that sense, it has affected maternal health, access to education, and hindered access to the basic means necessary to sustain a dignified life,” the activist added.

According to a study conducted by CEJIL and CEJUDHCAN in 2018, about 23% of children on the Caribbean Coast of Nicaragua suffer from chronic malnutrition and approximately 11% suffer from severe chronic malnutrition.

However, the acts of violence continue with impunity. Out of 65 complaints filed by CEJUDHCAN with the corresponding authorities, 49 were rejected.

Political participation neutralized

Nora Newball, representative of APIAN, an alliance created in 2015 to demand and monitor human rights violations against indigenous and Afro-descendant people, explained to the IACHR Commissioners that the State of Nicaragua has neutralized the civic and political leadership of its people and has installed parallel communal governments.

“In the recent regional elections (of 2019), the participation of the indigenous and ethnic population has decreased due to the high levels of invasion of settlers. 95.5% of councilors belong to national parties and only 4.5% belong to the indigenous party,” Newball said.

The human rights defender and political leader also highlighted that the State has seriously damaged forests and natural resources, with the deforestation caused by the Alba-Forestal company and the imposition of the Interoceanic Grand Canal. The private sector has also affected their communities through the expansion of the African palm, the advancement of the agricultural frontier, extensive cattle raising, and an increase of mining activity and fishing.

Request

Members of the civil society asked the IACHR and the international community to take all the necessary actions to stop the invasion of the territories in the Caribbean Coast of Nicaragua and to ensure respect for the human rights of indigenous and Afro-descendant people.

In particular, they requested the IACHR to demand that the State of Nicaragua immediately cease the repression against indigenous and Afro-descendant people and the human rights defenders who participated in the hearing; to include this situation in Chapter IV(B) of its annual report; and to request the Follow-up Mechanism of Nicaragua (MESENI, for its initials in Spanish) to monitor the situation of indigenous and Afro-descendant people.

In addition, they asked the IACHR to urge the State of Nicaragua to establish a dialogue with the traditional authorities to implement the title-clearing process of the territories and to comply with the protection measures ordered for indigenous and Afro-descendant people, as well as to demand that the State of Nicaragua guarantee the right of indigenous people to choose their authorities according to their traditions and customs.

IACHR interested in visiting the Caribbean

After listening to the interventions of human rights defenders, the Rapporteur on the Rights of Afro-descendants and against Racial Discrimination, Commissioner Margarette May Macaulay, expressed her intention to visit the Caribbean Coast of Nicaragua to “talk to the people, to make this situation more visible and more palpable.” She stressed that her visit would depend on the consent of the State, but remarked: “I hope to and I have the plan to do it if I can.”

The First Vice-President of the IACHR, Joel Hernández, assured that the Commissioners took note of the petitions raised by civil society and stressed that their role is key “in a context of a serious human rights situation, where an absence of the State and where the access to justice has dissipated.”

Other rapporteurs of the IACHR who were present at the hearing, including the Rapporteur for Nicaragua, Antonia Urrejola, and the Rapporteur on Economic, Social, Cultural and Environmental Rights, Soledad García Muñoz, showed a high level of interest in learning details about the situation of the indigenous and Afro-descendant people of the Caribbean Coast of Nicaragua.

Race and Equality Calls for Peace, Justice and Democracy for Venezuela

Colombia, 1st May 2019 – On April 30th, the interim President of Venezuela, Juan Guaidó, called on the Venezuelan population to join “Operation Freedom”, a massive demonstration to usher in what he himself describes as the “beginning of the end of the usurpation” of the Nicolás Maduro regime. Along with Guaidó, who issued the call in the early hours of the morning from the military base La Carlota in Caracas, was also the opposition figure Leopoldo López, who until yesterday was a political prisoner, and was freed from house arrest by defecting soldiers. The Maduro regime has described these actions as an attempted coup d’état.

In spite of this, the Venezuelan people took to the streets to demand the military forces to join them on the call for justice and freedom. However, the Police and National Guard, who are still allied to the Maduro regime, suppressed demonstrators of several cities by running over them, by using tear gas and rubber bullets, leaving dozens of people injured.

The International Institute on Race, Equality and Human Rights (Race and Equality) strongly condemns the violence and repression carried out by Venezuelan authorities against the people who demand justice, democracy and freedom through their legitimate right to protest. We urge the Venezuelan State to put an end to the violence, to guarantee peace and the right to life, freedom of expression and opinion, as well as the personal integrity of the demonstrators who today call for democracy through the constitutional path.

We urgently call on the international community to continue speaking in the face of the serious human rights crisis that Venezuela is going through, which has left more than three million people displaced to different countries in the region, as reported by UNHCR Americas, as well as serious attacks to the fundamental rights of the people who continue to demand their freedom.

We continue demanding freedom, justice, and democracy for Nicaragua

Washington, DC, April 18, 2019 – Today marks one year since a genuine popular uprising began in Nicaragua led by young people, which has ended up changing the country’s direction in pursuit of three concrete demands: freedom for those who have been arbitrarily arrested and the reestablishment of constitutional freedoms, rights, and guarantees; justice for the victims of the repression [and] guarantees of reparations and non-repetition; and democracy for the country.

What has happened in Nicaragua

Twelve months ago, a group of mostly university students together with older people organized protests in the cities of León and Managua due to some reforms that were made to the Social Security Law without holding consultations.  The repression on April 18, 2018 against older people, youth, and journalists by government-aligned mobs and groups caused so much outrage on the part of the population that the protests expanded to several cities throughout the country.  However, the repression also escalated and began being committed with support from the police and parastatal entities utilizing weapons of war.  The first three deaths were reported on April 19.

Thus, during the first six months of the crisis, the violent State repression resulted in at least 325 people dead and another 2,000 injured, according to figures provided by the Inter-American Commission on Human Rights (IACHR), an organ that installed the most extensive in-country mission in its history: from July through December, the Special Monitoring Mechanism for Nicaragua (MESENI) and the Interdisciplinary Group of Independent Experts (GIEI) recorded the incidents of violence and accompanied the victims until the government decided to shutter the former’s mission and not extend the latter’s mandate, as well as pressure it to immediately leave the country.

Through August, the IACHR missions worked jointly with a mission from the Office of the United Nations High Commissioner for Human Rights (OHCHR), which was itself thrown out of the country after presenting a report in which it confirmed that the State had abused its authority and caused extrajudicial executions, forced disappearances, arbitrary detentions, torture, and sexual violence.  The GIEI labeled those same incidents as crimes against humanity.

Fearing deadly violence, possible torture, or arrest, thousands of people fled the country: it is estimated that between 40,000 and 60,000 Nicaraguans went into exile in Costa Rica alone.

In the second six months of the crisis, the repression was selective.  The authorities arrested more than 700 people and hundreds of them were tried for crimes such as terrorism, assassination, robbery, [and] disrupting public order, simply for having participated in the protests.  That was followed by a ban against demonstrations of any kind by citizens in the opposition; the shuttering and confiscation of independent media and forced exile of tens of journalists in the face of imminent arrest; persecution and harassment of Nicaraguan human rights defenders and deportation of nationalized defenders; and arbitrary cancelation of the legal status of non-governmental organizations dedicated to protecting human [and] environmental rights or performing research.

In February of this year, a new attempt at establishing a dialogue has opened the way to a possible peaceful resolution to the crisis; however, while the government has committed to freeing all political prisoners, canceling the judicial proceedings against them, and respecting the citizen rights and guarantees that were revoked a year ago, these commitments have not been respected and the police continue to prohibit peaceful protests and maintain an intimidatory presence on the streets.

What do the Nicaraguan defenders have to say about this?

“It has been a year of pain, outrage, and impotence, a year in which the harshest and most depraved repression in our history has been unleashed,” note the defenders from the Centro Nicaragüense de Derechos Humanos [Nicaraguan Human Rights Center] (CENIDH).

Notwithstanding, they affirm that the crisis “has revealed the unflagging capacity of the Nicaraguan people to persist in its demand for justice,” as well as its high capacity for organization, “despite all of the victims, assaults, and latent threat of being assaulted by the National Police, paramilitaries, and shock troops.”

The Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua [Center for Justice and Human Rights of the Atlantic Coast of Nicaragua] (CEJUDHCAN) also highlights that human rights violations continue in the country, and despite the fact that the agreements in the current negotiations have not been upheld by the government, the Center continues to believe that dialogue is necessary and urgent because the crisis in the country is unsustainable.

CEJUDHCAN believes that another issue that has not been included in the negotiations is justice for the indigenous peoples and Afro-descendants with regard to the violations of the indigenous peoples’ right to self-determination, lack of guarantees for indigenous people’s communal property, [and] vulnerability of defenders [and] indigenous community and territorial leaders, among others.

The Asociación Diversidad Sexual Nicaragüense [Nicaraguan Sexual Diversity Association] (ADISNIC) believes three issues of the utmost importance that should be prioritized in the current negotiations are “the return of international human rights bodies; restoration of legal status to civil society organizations who had it canceled; and a cessation of the persecution of defenders and activists.”

In order to comply with these agreements, the human rights organizations agree that it is necessary to be accompanied by international human rights organs such as the IACHR and OHCHR in order for the agreements established by the parties to materialize and inter-sectoral commissions to be created that include civil society, the government, and social movements that act as internal auditors regarding compliance of said agreements.

Nevertheless, CENIDH believes that “as long as there is no political will to guarantee and respect human rights, all of the demands of the Nicaraguan people will remain unsatisfied.”

The organizations recommend that the international community should support Nicaragua in the following ways: continue expounding upon, denouncing, and calling for a cessation of the repression within the framework of regional and international human rights legislation; act as an indispensable bridge in the search for a peaceful solution that guarantees compliance with the accords; continue the conversations in diverse international fora so as to generate greater commitments from other international actors; constantly follow and monitor the state of indigenous peoples’ human rights in Nicaragua; [and carry out] actions to support and monitor the situation of Nicaraguans who have been displaced to other countries, especially countries in the Central American region.

Other ways in which they can show support if the negotiations do not produce the expected results are to promote the application of the Inter-American Democratic Charter in the face of the lack of human rights guarantees and impacts on Nicaraguan democracy; activate extraordinary political and financial pressure mechanisms to confront the human rights crisis (including on the Caribbean Northern Coast of Nicaragua) that has yet to be declared by the national government; and [perform] actions to support and finance civil society organizations in the face of the closure of spaces and imposition of administrative and financial obstacles, so as to guarantee their work in defense of human rights.

Our stance

On this day, Race & Equality adds its voice to the cries for freedom, justice, and democracy for the Nicaraguan people.  We join the urgent call that broad sectors of the national and international communities have repeatedly issued to the State of Nicaragua to commit itself to the efforts undertaken by many sectors of society to reestablish peace and the rule of law that have been weakened since Daniel Ortega returned to power in 2007.

It is our desire that the solution to this conflict that has inflicted so much pain and financial loss on the Nicaraguan people be pursued through dialogue, by guaranteeing critical spaces for political participation, freedom of expression and association, and the full and effective enjoyment of the human rights enshrined in the Nicaraguan Constitution and international human rights instruments.

We call on the State of Nicaragua to have the guarantees of reparations and non-repetition serve as the emblem of the political will that is necessary to ensure that the crimes against humanity which have forever marked the history of the Nicaraguan people within the framework of this conflict do not go unpunished.  To that end, we believe the participation of the international community in the role of mediator is of the utmost importance in the negotiation spaces that have effectively been established in the country, especially in order to guarantee that the voices of the victims, exiled Nicaraguans, and historically invisible sectors are heard and taken into account as a part of the justice process that leads to the reestablishment of peace and democracy.

We urge the government of Nicaragua to establish the necessary conditions to put into practice the agreements that have already been reached by the negotiation roundtable regarding the enforceability of the rights inherent to all Nicaraguans.  To that end, we call for the release of the more than 700 political prisoners who have been arbitrarily detained and unjustly tried.  Likewise, we call for the cessation of the criminalization and harassment of political prisoners, so that their reincorporation into the life of society transpires with due guarantees of their fundamental rights, rather than under conditions of fear and persecution that threaten their integrity and life projects.

We urge the State to guarantee the legitimate right to freedom of expression, opinion, and social protest, participation mechanisms that guarantee societal equilibrium and therefore, q milieu that is favorable for democratic life.  Likewise, we demand that the social organizations, human rights defenders, independent media, and all other opinion leaders cease being victims of persecution, criminalization, and designation as “instigators of social unrest,” and are [instead] permitted to freely and fully participate in the discussion and dialogue as befits a pluralist and inclusive nation.  To that end, we urgently request that the right to freedom of association be guaranteed by restoring the legal status of independent civil society organizations that today are victims of the arbitrary decisions of the government of Daniel Ortega.

We issue a special call to the international community to continue monitoring the state of human rights in the Central American country, particularly at this time of supposed openness to dialogue and negotiation, so that truth, justice, reparations, and guarantees of non-repetition recognize the differentiated impacts the crisis has had on the lives of women, the indigenous population, Afro-descendants, and the LGBTI community, social groups that have historically and structurally been ‘invisibilized’ and marginalized and have become the target of multiple assaults within the context of the sociopolitical conflict that has yet to be resolved.

As an institution that works for the defense and recognition of human rights, Race & Equality dedicates itself to continue working to ensure that the voice of Nicaraguans is heard and effectively taken into account, and so that the crimes committed against those who gave their lives to defend freedom in Nicaragua do not go unpunished.

Public Communiqué: we urge the Colombian State to immediately address the disappearance of Afro-Colombians exiled in Ecuador after being threatened

Bogotá, Colombia, March 4, 2019 – The International Institute on Race, Equality, and Human Rights (Race & Equality) joins its voice to the denunciation issued by the Asociación Nacional de Afrocolombianos Desplazados [National Association of Displaced Afro-Colombians] (AFRODES) to forcefully and urgently call on the Colombian State to immediately address the disappearance, since February 27 in Quito, Ecuador, of Plácido Tercero Escalante and Ana Gloria Cabezas, Afro-Colombian victims of forced displacement in Colombia and members of FUNDAFRO, an organization affiliated with the National Association of Displaced Afro-Colombians (AFRODES).

Plácido and Ana Gloria were forced to flee Colombia and request asylum in the neighboring country of Ecuador together with their families in January after receiving numerous threats and receiving no protection from Colombian authorities to guarantee their lives and [physical] integrity.

Erlendy Cuero, Vice President of AFRODES, notes that some days prior to their disappearance Ana Gloria and Plácido had denounced seeing in Quito the persons who had threatened them in their own territory, and for that reason were summoned to issue a declaration before the Office of the Public Prosecutor of Ecuador after they had reported their state of risk.  According to what AFRODES reports, since that day the whereabouts of the two popular social leaders have been unknown.

We strongly condemn what has transpired [and] urge the Colombian State to immediately address the situation of defenselessness and lack of guarantees confronted by popular social sectors that are immersed in an ongoing war in territories being fought over by illegal groups.  Likewise, we urge the international community to publicly denounce the systematic state of risk in which Colombia’s ethnic peoples find themselves, as they are particularly impacted by the social, political, and economic conflict faced by the country.  In addition, we urge Colombian State authorities to act promptly in order to find Ana and Plácido alive.

Nicaraguan Delegation Meets with United Nations High Commissioner for Human Rights Michelle Bachelet

The International Institute of Race, Equality, and Human Rights (Race & Equality) facilitated a private meeting on February 1 between 10 representatives of Nicaraguan civil society organizations and United Nations High Commissioner for Human Rights Michelle Bachelet.

In the meeting held in Geneva, Switzerland, Nicaraguan human rights defenders presented a report detailing the grave state of human rights in the country following the persecution of activists, women, journalists, independent media outlets, youth, political prisoners, and human rights defenders by the government of Daniel Ortega and Rosario Murillo.

“We have met with the High Commissioner.  She listened to our requests and expressed her sincere concern regarding the situation in Nicaragua and her commitment to include and note the situation that is transpiring in all of her interventions and contribute in any way she can to bring about improvements in the conditions in the country,” affirmed Ana Quirós, the CISAS human rights defender who was recently arbitrarily thrown out of Nicaragua.  Likewise, Heydee Castillo, Director of the Instituto de Liderazgo de Las Segovias [Las Segovias Leadership Institute], said, “We were able to tell her verbally what we have experienced and what is being experienced by the people of Nicaragua, the levels of criminalization, violence, [and] crimes against humanity committed . . .”

Eight of the 10 civil society organizations present in the meeting have been arbitrarily censured by the current government following its decision to cancel their legal status in retaliation for complying with their missions and objectives: attending to the populace within the context of the Nicaraguan crisis.  It is thus that Luciano García of Hagamos Democracia [Let’s Build Democracy] expressed, “The most important thing was that we were able to bring her up-to-date in a timely manner regarding the abuses being committed by the regime against all Nicaraguans and all civil society organizations, and she [Michelle Bachelet] listened to our demands and is extremely concerned and surprisingly well-informed about the case of Nicaragua.”

One of the requests the representatives presented to Commissioner Bachelet related to asking the State of Nicaragua to stop the repression, persecution, and criminalization of the populace, human rights defenders, indigenous peoples, social [and] political leaders, and journalists.  They additionally called on the State to provide guarantees for the prompt and safe return to the country of the human rights defenders who were forced into exile as a result of the criminalization and prosecution, as well as the reinstatement of the arbitrarily-canceled (illegally withdrawn) legal status to human rights and civil society organizations.

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See here the document containing the requests presented to the United Nations High Commissioner for Human Rights

Throughout the meeting, the High Commissioner displayed great sensitivity and commitment to the situation.  Anibal Toruño of Radio Darío noted that the meeting provided not only a space for them to discuss the national reality, but also a chance to find other partners with whom to promptly resolve the crisis.  “It was an encouraging moment: we received the full support of the High Commissioner.  A window, a hope, and of course, the possibility of finding partners who can help us resolve the crisis we are currently experiencing in Nicaragua.”

Mónica Baltonado, representative of Fundación Popol Na [Popol Na Foundation], emphasized how important it was to tell the Commissioner about the pain that is being inflicted not only on human rights defenders and activists, but also on the nation: “It is of transcendent importance for the Nicaraguan organizations as well as for the entire society.  First, because we were able to directly communicate to her the pain and suffering of the Nicaraguan people and the enormous concern we have, but above all, the sense of urgency to find a solution in the shortest period of time possible.”

Since April 2018, Nicaragua has been submerged in a grave human rights crisis that has become ever more acute, insomuch as the causes that provoked it have not been addressed, nor has the Nicaraguan people’s demand for justice and democracy been heeded.  In recent months the government has implemented a strategy of dismantling all spaces of criticism, while the violence is manifested in a more selective manner to target human rights defenders.  To date, the Nicaraguan government’s repressive actions have produced 325 assassinations, more than 2,000 injured individuals, 767 political prisoners, and more than 80,000 people have been forcibly displaced to Costa Rica.

Brazil is the country with the greatest number of assassinations of trans persons in the world

Washington, DC, January 30, 2019 – With a rate of 41% in the world ranking of assassinations of trans persons, Brazil has become the country that kills the most individuals with this gender identity, according to the 2018 Dossier on Assassinations and Violence against Transvestites and Transsexuals in Brazil, a report published this Tuesday by the Asociación Nacional de Travestis y Transexuales [National Association of Transvestites and Transsexuals] (ANTRA) of Brazil and the Instituto Brasileño Trans de Educación [Brazilian Trans Institute of Education] (IBTE).

According to the report, in 2018 alone, a total of 163 trans persons violently lost their lives through assassinations related to their sexuality, 158 of whom were transvestites and transsexual women, four were trans men, and one a non-binary person.

As set forth in the report, these data are dramatically influenced by a 30% increase in the cases that have not been publicized in the national news media, an element that impacts and distorts the real situation of this population in the country.  According to what is reported in the document, at first blush it would appear that there was a decrease in cases between 2017, in which 179 homicides were reported, and 2018, when 163 were reported.  The fact is that during the first reporting year, there were only 34 cases that were not reported on, while in 2018, the number of cases that were unreported or unpublished in the national media rose to 44; as such, we are not truly talking about a decrease in assassinations but rather, a decrease in the publicizing of cases in the news media, which presupposes a direct impact on how cases are recorded, thereby leading to under-reporting in the counting of victims.

The Dossier seeks to produce a detailed analysis of the assassinations and violations against the transvestite and transsexual populations in Brazil in order to denounce the cases of human rights violations to which this population is subjected.  In this way, the civil society organizations that fight for the recognition of the Brazilian LBGTI population’s rights, especially those of trans persons, reveals the omission of the Brazilian State by ignoring the alarming indices of violence against this population in the country.  To date, the national government has not provided legal support that guarantees the removal and effective investigation of the systematic patterns that characterize these acts.

The violence in figures

The states that reported the greatest number of homicides of trans persons were Río de Janeiro (16), Bahía (15), and São Paulo with 14 cases.  Keeping in mind the data reported, the average age of the victims assassinated in 2018 was 26.4 years old, which indicates a decrease of 1.3 years in relation to 2017.  In addition, the data from the latest Violence Map show an increase of 54% in the homicides of black women, while the assassinations of white women dropped by 9.8%.  All in all, 82% of the cases were identified as black persons and brown (mestizo) persons, thereby ratifying the sad datum regarding the assassinations of young black people in Brazil.

According to the report, 53% of the victims were assassinated with firearms, 21% by knives, and 19% by blows, asphyxiation, and/or strangulation.  The deaths of trans persons in Brazil are generally due to the hatred or vicious cycle of exclusion to which they are subject.  The presidents of ANTRA and IBTE noted in the letter they addressed to the readers at the end of the recently-published report that the assassinations are normally distinguished by the large number of violent blows inflicted or the cruelty of the method employed.

According to the data gathered by ANTRA, 90% of the population of transvestites and transsexuals use prostitution as a source of income and subsistence method, due to the low level of schooling resulting from the process of school exclusion, which in turn makes it more difficult for them to join the formal job market and handicaps them in terms of professional qualifications caused by social exclusion.

The International Institute on Race, Equality, and Human Rights (Race & Equality) expresses extreme concern regarding the data reported in the map of assassinations of trans persons and transvestites in 2018, especially the increase in the figures, systematization of the violence against young people, trans persons, and Afro-descendants, and the ‘invisibilization’ by the State of Brazil [of these acts] faced by the entire trans population.  We join our voices to the call made by the report’s organizations, asking the national government to immediately address the human rights crisis confronted by the LGBTI population in the country.

Download here Dossier on Assassinations and Violence against Transvestites and Transsexuals in Brazil

14 Afro-descendant, indigenous, and campesino leaders assassinated during the first month of 2019

Bogota, Colombia.  January 29 2019. The International Institute on Race, Equality, and Human Rights (Race & Equality) expresses profound concern regarding the alarming number of grassroots social leaders assassinated in Colombia through the end of the first month of the year, a period in which approximately 14 homicides of male and female indigenous people, Afro-descendants, and campesinos were reported.

We emphatically reject and condemn the systematicity of the acts of violence, especially those directed against the Afro-descendant and indigenous populations in the country – peoples who have been historically marginalized and abused due to structural poverty, forced displacement, [and] a lack of access to healthcare, education, employment, and protective guarantees that ensure the integrity of their fundamental rights.

We urge the Colombian State and people to not ignore the number of Afro-Colombian human rights defenders who were assassinated through the end of 2018, which according to the figure reported by the Consultoría para los Derechos Humanos y el Desplazamiento [Consulting Office on Human Rights and Displacement] (CODHES) totals 20 homicides (17 men and three women) out of the 54 assassinations of leaders of ethnic communities.

We also demand that the Colombian State undertake efforts to guarantee the lives and protection of those men and women who dedicate their lives to the territory.  Likewise, we issue a special call on the State to provide differentiated protection mechanisms that are necessary for ethnic communities, especially recognizing the impacts suffered by Afro-Colombian and indigenous women who are direct victims of the armed conflict and at a great disadvantage as compared with the rest of the population: in light of not having guarantees of social protection, economic autonomy, or recognition of their rights, their rights are doubly violated.  We demand justice, truth, and guarantees that NO impunity will shroud the lives of the leaders Maritza Ramírez Chaverra (Tumaco), Maritza Quiróz Leiva (Magdalena), and María Ortega (Norte de Santander).  The deaths of these women – who are today victims of the bloody state of violence in the country – leave great voids not only in their families but also in society due to their absence, due to a generalized fear generated by the continuing fight for and defense of human rights in the territory.

With extreme concern we urge the national government to undertake all possible efforts to guarantee there will be NO impunity surrounding the more than 500 homicides of social leaders that have plunged the country into its current mourning.  Likewise, we highlight the need to adopt all possible protective measures to ensure the lives and integrity of the leaders who continue in a state of risk, the reason for which we call on the international community to show solidarity in the face of the national emergency and continue to monitor the grave and systematic violations of the fundamental rights of human rights defenders.

We urge the Colombian government and all social groups involved in making possible the construction of a stable and lasting peace throughout Colombian territory to make dialogue the only legitimate method tor finding a negotiated and peaceful exit from the armed conflict that continues to be latent in the country.

COLOMBIA: NOT ONE STEP BACK, ONWARD TOWARD PEACE! – Pronouncement –

Bogotá, Colombia, January 18, 2019 – The International Institute on Race, Equality, and Human Rights (Race & Equality) emphatically rejects and condemns the acts of violence that have plunged Colombians into mourning during the first 15 days of the year.  We condemn all types of violence that threaten the intention of the Colombian people to advance in the joint construction of a stable and lasting peace throughout the territory.

The assassination of the 10 social leaders that increases the shocking number of deaths of human rights defenders following the signing of the Peace Accords in September 2016 and the recent terrorist attack on the Escuela General Santander [General Santander School] in the city of Bogotá have to date left a total of 21 dead and 68 injured, according to what has been reported by national media outlets, are evidence of the looming need for the Colombian government and society in general to continue working on behalf of the peace process.

Despite the environment of uncertainty generated by the incidents that have occurred in the country in the midst of a growing awakening of the social mobilization rejecting the arbitrary governmental policies, among other things, and in favor of access to education, the financing law, and everything related to land access, tenure, and use, as well as a general repudiation of the assassination of more than 365 leaders who were assassinated in 2016 and 2018 (which still does not appear to have produced a sufficient response in the form of urgent and immediate measures the national government should put in place to guarantee the lives of its people), we encourage Colombians to continue to pursue with determination the search for and construction of peace, employing dialogue as the only path in all social spheres in order to process the conflicts that threaten the legitimate right to enjoy a decent life.

As an organization that is committed to defending and promoting human rights, we urgently call on the Colombian government, all of its institutions, dissident groups of the former guerrilla group Fuerzas Armadas Revolucionarias de Colombia [Revolutionary Armed Forces of Colombia] (FARC EP), and the allied armed group Ejército de Liberación Nacional [National Liberation Army] (ELN), so that, with an awareness of the profound responsibility to construct a society in peace, they will commit themselves to the need to make progress through peaceful dialogue in the face of a war that has lasted more than 50 years and left an abhorrent number of victims who deserve the emphatic commitment of their leaders, social organizations, and society in general as an alternative for negotiating differences and constructing a society defined by social justice.

We urge the international community to continue monitoring and accompanying the Colombian State in the process of constructing peace through truth, justice, reparations, and guarantees of no repetition.

 

Organizations supporting LGBTI persons’ rights issue a warning regarding the grave crisis over human rights in the country

The International Institute on Race, Equality, and Human Rights (Race & Equality), Instituto Transformar [Transform Institute] of Brazil, TRANS Siempre Amigas [TRANS Always Friends] (TRANSSA) of the Dominican Republic, Corporación Caribe Afirmativo [Affirmative Caribbean Corporation] of Colombia, Fundación Arcoiris de Tumaco [Tumaco Rainbow Foundation] of Colombia, [and] Red Peruana de Jóvenes Afrodescendientes Ashantí [Ashanti Peruvian Network of Afro-Descendant Youth] of Peru express extreme concern regarding the grave state of vulnerability of LGBTI persons’ rights in Brazil.  In light of the more than 160 recorded homicides in 2018 of LGBTI persons, the occurrence of 10 homicides due to prejudice during the first days of 2019, the majority of them Afro-descendant trans persons, is extremely concerning.  Additionally worrisome is Provisional Measure 870/19 that excludes the LGBT population as a subject for the promotion of human rights.  Likewise, the recent resignation of Congressman Jean Wyllis, the sole Afro-gay legislator in the country, who today announced he would step down from his post due to multiple threats, defamation, and acts of harassment orchestrated against him through social media.

State of LGBTI persons’ rights

According to figures reported by the Asociación Nacional de Travestis y Transexuales [National Association of Transvestites and Transsexuals] (ANTRA) of Brazil, every 48 hours a trans person is assassinated in that country.  Over the last two years, approximately 332 homicides of trans persons have been recorded – acts prompted especially by hatred and imaginary negatives that deepen the ignorance regarding LGBTI persons’ rights and begin to normalize and/or legitimize the violence perpetrated against this population.

In just 2017 alone, a total of 179 trans persons violently lost their lives in assassinations related to their sexuality, 80% of whom were black or mulatto and 70% of whom were sex workers.  “Eighty-five percent of the assassinations showed a refinement of cruelty such as dismemberment, hanging, and other brutal forms of violence,” noted the organization.

Deterioration in the area of rights

The recent election of President Jair Bolsonaro represents a real danger to LGBTI persons, Afro-descendants, human rights defenders, indigenous peoples, and quilombola groups [settlements established by escaped slaves], among other political minorities.  A real war was declared against these groups – or at least against the minorities – noted Alessandra Ramos, a trans female defender of LGBTI persons’ rights and a member of Congressman Jean Wyllis’ staff.  She went on to say that the cases of violence against LGBT persons by Bolsanaro’s followers have multiplied in the country.  According to a figure provided by the activist, more than 80 cases of assaults and assassinations of LGBTI persons were recorded during the current President’s campaign; she further noted that the trans population is one of experiencing the greatest state of vulnerability given that it embodies the figure and maximum expression of hatred due to its visibility and the degree of social exclusion to which it is subject.

Although the indices of violence against political minorities, particularly against LGBT persons, indicate an alarming increase during Jair Bolsonaro’s campaign promoted by the production of more than 700 million items of fake news disseminated though the principal social media, with regard to the enforceability and recognition of LGBTI persons’ rights, according to multiple denunciations made by human rights organizations in the country, the polarization [brought] by Jair Bolsonaro could already be seen before, even before the start of the campaign.  In strong speeches filled with hate, he espoused a narrative regarding corruption, the election of the Workers’ Party (PT) government, the promise of a law that would grant the right to police officers to shoot without legal repercussions, a defense of the traditional family and/or a fight against the ideology of gender, and another promise to free people to bear arms, noted Ramos during her remarks.  She further added that all of this represents a concrete threat to the lives of some political minorities and in and of itself is a risk to Brazilian democracy and the progress that has been made in the field of human rights.

It is concerning that within this framework of violence, Provisional Measure No. 870/19, adopted by President Bolsonaro on January 1, 2019, removed the LGBTI population from the list of policies and guidelines whose aim it is to promote human rights.  In addition to that, the creation of the new Ministry of Women, Family, and Human Rights, led by Pastor Damares Alves.

Persecution and harassment

“The discourse of hate cannot be downplayed!  He is possibly an assassin and has produced victims!” exclaimed Congressman Jean Wyllis from [the] PSOL [party] after announcing his resignation from office due to diverse acts of harassment, persecution, defamation, and death threats made against him recently.

The openly gay Congressman – who during his time in office had fought for the recognition of LGBTI persons’ rights – noted in various interviews with national news media that his resignation was not exclusively due to the election of Bolsonaro to the presidency but rather, the increasing level of violence since the latter’s election.  As an example, the Congressman mentioned the case of the transvestite whose heart was ripped out of her some days earlier and on whose person was left a sacred image.  All of these barbaric acts represent a threat against life.  “I need to remain alive for the future of the cause!” exclaimed the former Congressman who has protective measures issued by the Inter-American Commission on Human Rights (IACHR).

Pronouncement

The aforementiond diverse human rights organizations, out of a strong state of concern and rejection issue a warning call to the Brazilian State to immediately address the grave situation produced by the violation of the fundamental rights of political minorities, especially historically marginalized groups such as Afro-descendants, indigenous peoples, and LGBTI persons.  We urge the State to be on alert for the multiple and systematic acts of barbarism committed against LGBTI persons promoted by hatred and imagined negatives that ignore people’s rights and incite and legitimize the violence committed against this population.  

We remind the country that regression in the recognition of minorities’ rights can have repercussions at the regional level.  It additionally represents a direct break with a series of international commitments adopted by Brazil by being a signatory of diverse international human rights treaties and agreements of that nature.

We urge the international community [and] human rights organizations throughout the world to take a stance in the face of the serious human rights problem that exists today in the Latin American country and requires immediate monitoring.

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