Unanimously Approved US Congressional Resolution Condemns Nicaraguan Governmental Repression Against Its Citizens

Unanimously Approved US Congressional Resolution Condemns Nicaraguan Governmental Repression Against Its Citizens

On July 25, the United States House of Representatives voted and unanimously approved bipartisan resolution H.Res.981, condemning the violence and repression committed by the Nicaraguan Government of Daniel Ortega, which in the last three months has resulted in the deaths of 295 people, according to the latest update from the Inter-American Commission on Human Rights (IACHR). The resolution was introduced by Representative Ileana Ros-Lehtinen (R-FL-27) and co-sponsored by Rep. Ed Royce,(R-CA-39), Chairman of the House Foreign Affairs Committee and Rep. Albio Sires (D-NJ-8), Ranking Member of the Western Hemisphere Subcommittee, among others.

In a press release published after the passing of the resolution, Rep. Ros-Lehtinen condemned, on behalf of the co-sponsors of the resolution, the violence, persecution, intimidation and murders by the Government of Nicaragua against its citizens and pointed out that the number of deaths continues to rise each day under a “shoot to kill” policy. She also stressed that adding to the number of deaths are countless wounded, arbitrary arrests and enforced disappearances – tactics which, according to the Representative, are repressive acts indicative of a regime which will do whatever is necessary to remain in power. Rep. Ros-Lehtinen alluded to the importance of putting pressure on Daniel Ortega and his government, urging the US Government to do more, given that time is of the essence. “My resolution urges the Administration to do more, to target more Ortega goons for sanctions, and I urge this body to do more – time is of the essence.”

The resolution, among other actions, “rightfully identifies Ortega as the orchestrator of the violence and urges the Administration to take more action against the regime.” In addition, it “demonstrates our unwavering support to the people of Nicaragua in the pursuit of democracy, including calling for early, free and fair elections overseen by credible domestic and international observers.” It also urges the international community “to stand in solidarity with the people of Nicaragua.”

The message sent by the US Congress to the government of Nicaragua is also a plea of many other countries, civil society organizations, and society as a whole to put an end to the violence. It is alarming that, despite the cries for peace, the repression continues as demonstrated by gross violations of the right to due process – a situation currently affecting rural leaders Medardo Mairena and Pedro Mena, who were arraigned on charges of terrorism, organized crime, murder, kidnapping, aggravated theft, obstruction of public services, and damages against 23 alleged victims – including the Nicaraguan State – without the presence of an attorney of their choice, or of their families. In recent days, the local media has stated that the two leaders were being tortured by the National Police. The Institute on Race, Equality and Human Rights (Race and Equality) strongly denounces the situation, and request intervention from the international community to protect the rights of these rural leaders, who are facing a flawed judicial system, organized by Daniel Ortega.

The resolution asks the US administration to continue condemning the atrocities in Nicaragua, to demand the release of unjustly detained citizens, and to identify individuals who are participating in the violence so that they may be sanctioned under the Global Magnitsky Act, which levies sanctions against suspected human rights violators and freezes their US assets. The resolution sees early, free and fair elections as the solution to the human rights crisis, which has engulfed Nicaragua since April of the current year.

Race and Equality considers that initiatives such as the resolution by the US House of Representatives, and others adopted by the international community, are expressions of solidarity towards the Nicaraguan people and, as such, will contribute to the resolution of the conflict without further bloodshed in a country that is ready to reclaim its liberty.

Inter-American Commission on Human Rights Grants Precautionary Measures in Favor of Participating Members of the Private Sector in the Alianza Cívica por la Justicia y la Democracia [Civic Alliance for Justice and Democracy] in the National Dialogue in Nicaragua

Following a 107-day-long wave of violence, repression, threats, and harassment inflicted upon the Nicaraguan people at the hands of Sandinista mobs, parapolice groups, and paramilitaries, the Inter-American Commission on Human Rights (IACHR) granted precautionary measures on August 2, 2018 in favor of members of the Alianza Cívica por la Justicia y la Democracia [Civic Alliance for Justice and Democracy] representing the private sector who participate in the Diálogo Nacional por Nicaragua [National Dialogue for Nicaragua] and are victims of persecution, harassment, threats, smears, and accusations by groups allied with the current government.

The claimants – Michael Edwing Healy Lacayo, José Adán Aguerri Chamorro, Felipe Argüero, Álvaro Javier Vargas Duarte, Claudia Neira Bermúdez, Juan Sebastián Chamorro, and Juan Carlos Gutiérrez Soto – together with their relatives who were identified in the proceedings, declared in the denunciation they submitted to the IACHR that since the outset of the National Dialogue they have been the object of threats issued by journalists from media outlets allied with the government, as well as by other anonymous actors seeking to intimidate them.

Likewise, they declared they had received explicit threats in the form of WhatsApp messages that singled them out as being ‘mafiosos,’ ‘criminals,’ and ‘Sandinista supporters.’  The denunciations made by the beneficiaries also include the receipt of death threats [and] the burning of and trespassing onto their properties, as was the case with Michael Edwing Healy Lacayo, President of the Unión de Productores Agropecuaríos de Nicaragua [Union of Agricultural Producers of Nicaragua] (UPANIC), whose farm was violently expropriated by assailants.  As of the date this resolution was filed, the trespassers were taking advantage of the farm’s plantain harvest.

Similarly, those requesting protective measures were the victims of threats to their good reputations [and] public calumny and slander by being called ‘terrorists’ and ‘assassins.’  In addition, evidence was made known to the public of threats sent to the beneficiaries’ personal telephones and email addresses, as well as harassment, persecution, and intimidation by government sympathizers.

As stated in Resolution 58/2018 issued by the IACHR, “the information submitted demonstrates that the rights to life and personal integrity of the claimants, as well as those of their relatives, are at serious and urgent risk.”  For that reason, under Article 25 of IACHR Regulations, the government of Nicaragua was asked to safeguard and adopt the necessary measures to guarantee the rights to life and personal integrity of the claimants, as well as to ensure that State agents respect the rights of the beneficiaries and those related to risky acts attributable to third parties.  Lastly, the Commission requested a report on the actions adopted in order to investigate the present incidents that led to the adoption of said precautionary measures and prevent their repetition.

The International Institute on Race, Equality, and Human Rights condemns the perpetration of today’s acts of violence, repression, harassment, arbitrary detention, disappearance, and criminalization of the human rights defenders and activists in the country by the current government.  Consistent with its work of protecting and promoting human rights, Race & Equality will continue supporting the work of denouncing [rights violations] as well as promoting and protecting Nicaraguans’ human rights.  We call on the Nicaraguan government to attend to the IACHR’s recommendations, so as to safeguard the comprehensive protection of the lives of the populace.

Inter-American Commission on Human Rights Grants Precautionary Measures to Anibal Toruño and Journalists from Radio Dario in Nicaragua

Washington, D.C. – July 5, 2018. The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures to Aníbal Toruño, director of Radio Darío, as well as to journalists from the station in response to the ongoing hostility, harassment, and repression to which they have been subject, particularly after the April 20th attacks on the radio’s headquarters by way of pro-government groups who burned the station. The measures are a product of Nicaragua’s current crisis which, since April 18th, has claimed the lives of over 300 people, and has seen peaceful protestors – men, women and young adults – attacked and targeted by paramilitary forces and pro-government mobs.

Mr. Toruño’s risk situation, and that of journalists Aníbal Enrique Alonso Toruño, Victor Xavier Morales Toruño, Audberto Gallo, Eduardo Amaya, Henry Blanco, Eladio Canales, Elmer Cano, Leo Cárcamo, Gary Castillo, Marcelino Osorio, Alexander Quiroz, Francisco Torres and Jorge Vallejos, originated at the beginning of the Nicaraguan crisis and resulted from the radio station’s stance of reporting against Ortega government repressions. Just today, July 5th, two of the journalists from Radio Darío who were granted IACHR precautionary measures were beaten up by the National Police while covering the situation in the province of León, which to date has left three people killed and several wounded; police has also destroyed their equipment and has confiscated it without justification.

The government has adopted tactics, which include carried-out acts of aggression, cases of unlawful/arbitrary detentions, torture practices, cruel and inhuman treatment, censorship, attacks against the press, and other forms of intimidation, such as threats, hostility and persecution which aim to disrupt public protest and discourage citizen participation. These and other tactics have been implemented by the government to stifle the demands of a public which is dissatisfied with the logic behind state violence.

The IACHR used the context of intimidation, serious human rights violations by way of excessive use of force by the police, and the vulnerability and lack of protection for the population in general, especially human rights defenders and journalists, as the background to grant precautionary measures for this group of journalists and human rights leaders who are today intimidated, persecuted and threatened for promoting spaces of citizen participation amidst the national crisis.

The Inter-American Commission on Human Rights resolved that Mr. Toruño and his journalists’ situation of vulnerability and risk due to their vocal opposition, fulfills the requirements of seriousness, urgency, and risk of irreparable harm laid out in Article 25 of the Commission’s Rules of Procedure. By way of the precautionary measure, the Commission is urging the State of Nicaragua to ensure the adoption of measures necessary to guarantee the life and physical integrity of the members of Radio Dario. The State must, in response, ensure that its agents will respect the life and physical integrity of the beneficiaries, as established in international human rights law. Furthermore, the Commission is also requesting that the State adopt the measures necessary so that the beneficiaries can carry out their work as journalists without being subject to acts of intimidation, threats, or violence; this includes protection for the radio headquarters. The State was also asked to inform the Commission of measures it takes to investigate the facts which prompted the adoption of said precautionary measures.

The Institute on Race, Equality and Human Rights will continue supporting efforts of promoting and protecting Nicaraguan human rights, as well as the denouncing of violations of them. We urge the national government to implement the recommendations of the IACHR in order to safeguard the lives and physical integrity of Radio Dario’s journalists, as well as their director, Aníbal Toruño, so that they may continue the work of publicly broadcasted information and denunciation, which are indicative of unimpaired participation and political expression that every Nicaraguan citizen must be allowed to have.

Read Resolution 47/2018 – Precautionary Measures for Aníbal Toruño Jirón and other members of Radio “Dario”. (only available in Spanish).

Afro-descendant Coalition of the Americas Present at the 48th Regular Session of the General Assembly of the OAS

Washington, D.C. June 12, 2018. The Institute on Race, Equality and Human Rights (Race and Equality) organized the Afro-descendant Coalition of the Americas to participate at the 48th Regular Session of the General Assembly of the OAS, and designated Mirtha Colon, President of the Central-American Black Organization (ONECA), as its spokesperson.

Race and Equality convened an estimated 15 Afro-descendant activists representing several countries of the region to finalize the creation of the Afro-descendant Coalition’s report, which was presented during the June 2 plenary session – a dialogue that included State authorities, the OAS Secretary General and the OAS Assistant Secretary General, members of civil society and the private sector. The session was held at the Hall of the Americas OAS Main Building.

As spokesperson of the coalition, Mrs. Mirtha Colon began by congratulating distinguished Costa Rica Vice-President Epsy Campbell – present in the session – for becoming the first Afro-descendant Vice-President in the Americas, and the first Afro-descendant woman head of Costa Rica’s Ministry of Foreign Affairs. Afterwards, she presented the coalition’s report, which informed those present of the negative implications that corruption has on the Afro-descendant population, and the prevalence of racial discrimination and structural racism in the Americas, which encompasses women, men, children, adolescents, senior citizens, people with disabilities, migrants, stateless citizens, LGBTI, and others.

The coalition stressed the importance and necessity of implementing the goals of the International Decade of People of African Descent and urged states to sign and ratify the Inter-American Convention Against Racism – something they had also actively promoted at this years’ VIII Summit of the Americas, held in Lima, Peru.

In addition, the coalition spoke out against systematic violence and the criminalization of social leaders and Afro-descendant activists, who are continuously killed, threatened and persecuted for their community work, in countries such as Colombia, Cuba, Honduras, Nicaragua, etc. They also raised concern for States which ignore these acts.

During the session days, the Afro-descendant Coalition also took part in conversations with members of other coalitions as well as engaging with different State representatives, all the while informing them of the difficult reality that Afro-descendants live in.  The coalition stressed the importance of making use of the information presented at the session to further advocacy work with their respective governments, international aid organizations, and within the OAS, so that these reports may promote positive changes within their countries.

Nicaraguan Voices Weight in on the Current Human Rights Crisis, and Offer Recommendations to Guarantee Truth, Justice and the Reestablishment of a Democratic Order

On June 6, 2018, The Institute on Race, Equality and Human Rights (Race and Equality), the Center for Justice and International Law (CEJIL), Amnesty International, and JASS Mesoamerica organized the event “Voices of Nicaragua: Human Rights and Democracy,” within the context of the 48th General Assembly of the Organization of American States (OAS). The purpose of the event was to raise awareness and discuss the current human rights and democratic rule crisis that has engulfed Nicaragua for over fifty days; 129 people have lost their lives, with peaceful protest being met with violence. The expert panel was moderated by Race and Equality’s Executive Director, Carlos Quesada, and featured participation from the organizing institutions, the Executive Secretary of the Inter-American Commission on Human Rights (IACHR) Paulo Abrão, and social leaders from Nicaragua.

The panelists’ combined interventions allowed those present to understand the severity of the humanitarian crisis, which includes hundreds of extrajudicial executions committed by paramilitary groups in connection with the national police, aggressions against peacefully protesting citizens, poor treatment in prison cells, and major censorship of news outlets and social media. The Nicaraguan government has been negligent in its response to the situation and has clearly violated all human rights standards and responsibilities.

The crisis was made visible to the world after the increase in repression of the past month and is the result of a systematic repressive pattern several years in the making – “a death foretold,” according to Vilma Núñez, the President of the Nicaraguan Center for Human Rights (CENIDH). In her analysis, she attributes the increase in repression and human rights violations to the formation of young Sandinista riot squads and other pro-government paramilitary groups. The catalyst that unleashed the current wave of repression is attributed to the response to protests against a reform to the pension system – a reform which harms the general population and violates the rights of the system’s beneficiaries.

The violence committed by State and paramilitary forces is of serious magnitude. We are witnessing a “systematic policy of excessive use of force,” which has clearly approved the use of extrajudicial killings, according to Amnesty International Director for the Americas Erika Guevara, who also presented the report “Shoot to Kill,” which is composed of direct testimonies. “We can say, with great concern, that after the preparation of the report, we have obtained evidence to support the claim that in Nicaragua there exists a systematic policy of violent repression that silences the voices of those who peacefully protest, by using mobs, armed civilians and paramilitary groups.”

Paulo Abrão, IACHR Executive Secretary, and Edison Lanza, IACHR Rapporteur on Freedom of Expression, also both confirmed the severity of the situation of violations to human rights, personal integrity and freedom of expression in Nicaragua. The IACHR responded immediately to the wave of violence and repression by condemning the acts, and urging the Nicaraguan government to cease all repression, to guarantee freedom of expression, to try and sanction those responsible for the violent acts, and to adopt measures to guarantee truth and justice.

Marcia Aguiluz, Director of the Mesoamerica and Mexico Program at CEJIL, concluded that Nicaragua suffers from a deterioration of institutions that guarantee independent and impartial powers, and from the lack of protection of human rights for citizens. “Nicaraguan citizens are currently in a dangerous state of defenselessness, having no institutions to depend on that are capable of protecting their well-being.”

The representatives of the IACHR, CEJIL, Amnesty International and CENIDH concurred on a recommendation to prioritize guaranteeing truth and justice. As the CENIDH president stated, “A solution must be implemented quickly – each month more and more deaths are recorded. We have 129 dead so far, and the number is sure to continue to rise. There cannot be impunity in Nicaragua, because the country has been denied justice. As human rights organizations, we believe that justice must come first and then the process of democratization can continue.” In this perspective, the recommendation by Amnesty International of setting up an internal body of independent experts which oversee impartial investigations to achieve truth and justice, is extremely relevant.

The commitment of civil society organizations to confront the adverse situation was evident through the voices of some of the Nicaraguan activists who participated in the event. Aníbal Toruño, Director of Radio Dario, vowed to continue working despite having the headquarters of his radio station burned several times. Center for Health Information and Advisory Services (CISAS) leader Ana Quirós denounced the criminalization of human rights defenders: “Human rights defenders are at permanent risk, with nine out of ten leaders being targeted for violence, threats, intimidation and shaming campaigns, and six out of ten aggressions being carried out by mobs or paramilitary forces, organized by the Sandinista party for the purpose of causing harm.” She also denounced the case of Felix Maradiaga, who has been unfairly accused by State police of being a member of a lawless cartel.

Race and Equality expresses its solidarity with the victims, and the organizations in Nicaragua. We join the #VocesConNicaragua (Voices in support of Nicaragua) which demands truth and justice for the 129 people killed and their families, and for the reestablishment of a democratic order which guarantees human rights. We are ready to support advocacy actions to promote and protect their human rights.

The Human Rights Situation of Afro-descendants in Latin America Presents a Scenario Full of Discrimination and Collective Violence

On June 4, The Institute on Race, Equality and Human Rights (Race and Equality) and the Washington Office on Latin America (WOLA) held a panel conversation on the “Human Rights Situation of Afro-descendants in Latin America” as a side event to the 48th General Assembly of the Organization of American States. The dialogue featured Afro-descendant leaders and experts from Brazil, Cuba, Colombia, Guatemala and Peru, and sought to present the circumstances of Afro-descendant populations’ rights in the region, and the collaborative work that each country has been doing on these situations.

Washington Office on Latin America President Matthew Clausen opened the dialogue with some introductory remarks. WOLA has been carrying out international efforts with other Afro-descendant organizations seeking to protect Afro-descendant rights in the Americas and has also recently been lobbying the US Congress for the adoption of Resolution 713, which urges the United States Government to support the goals and objectives of the International Decade for People of African Descent by way of establishing global strategies that promote these goals. WOLA’s President took the opportunity to condemn all the recent attacks, killings and acts of intimidation against social leaders in the region and expressed his and WOLA’s support to do all that they can to remedy the situation.

The dialogue also featured the distinguished presence and participation of Epsy Campbell Barr, Vice-President of Costa Rica, and the first Afro-descendant woman in the region to be elected to a high political position – a major political achievement for all Afro-descendant populations in the region. In her speech, Vice-President Campbell reflected that the Afro-descendant movement in the region is not experiencing its greatest moment of progress, due to regressions in the political agendas of countries which have historically achieved spaces for advocacy. Likewise, she stressed that the movement’s advocacy actions have received little political backing in recent years. These conditions are contrary to the necessary conditions and agreements needed to achieve the goals of the International Decade, particularly of encouraging the connection between the goals of the Decade and those of sustainable development. Facing this, Vice-President Campbell stated that “a 2030 (Afro-descendant) agenda should be our aim for the next ten to twelve years. Therefore, it’s of vital importance to use the next five or so years left in the International Decade to achieve more commitments from States.”

Likewise, Epsy Campbell urged better working strategies to tackle poverty, discrimination and criminalization of Afro-descendants, and also the exclusion of Afro-descendants from political participation, as these continue to be realities in our countries, she declared. In conclusion, she stated that the greatest challenge for Afro-descendants in the region lies in aligning national agendas of each State in the region with a commitment towards inclusion of Afro-descendant communities and people.

In relation to the above, Carlos Quesada, Executive Director of the Institute on Race, Equality and Human Rights, pointed out that the situation of the rights of people of African descent in the region has many parallels to police violence, poverty, inequality, unemployment and limited access to health and education. However, he stressed that the work carried out by various organizations in each of the countries shows signs of fight and hope for all of Latin America.

Cecilia Ramírez, Executive Director of the Center for the Development of Black Peruvian Women (CEDEMUNEP), shared with the audience the work that the Afro-Peruvian movement has developed in order to participate in the recent national census, and be properly counted for the first time since 1940. The work was a success for the recognition of the Afro-Peruvian people, as it promotes greater advocacy opportunities, participation and expression. This was achieved by working with various social sectors in order to develop the ethnic self-identification question, as well as allowing organizations to report and visualize the accurate living conditions of the Afro-descendant community in Peru. Ms. Ramírez also made mention of the challenges of carrying out a media campaign in favor of the ethnic self-identification question, in a country riddled with discrimination and racism. However, she stressed that such advocacy campaigns are crucial to bring awareness about what it means to identify as Afro-Peruvian. For 2017, the number of Peruvians who identify themselves as Afro-Peruvians totaled 4% of the population.

Norberto Mesa Carbonell, Director of the Cuban organization Cofradía de la Negritud, presented to the audience the human rights situation of exclusion facing Afro-Cubans. “The reality of the situation of Afro-Cubans has been a taboo subject since the Revolution. Although the issue of discrimination was an important topic to work on—of vital importance—it was enough for just a few years to go by until the Cuban State “automatically” closed the issue. As a result, everything related to access and participation of the Afro-Cuban movement, as well as the formation of public policies that benefit and recognize the Afro-descendant movement, were put on hold and were completely delayed. For this reason, and since the decision by the government, any advocacy work and presentation of human rights violations towards Afro-descendants in Cuba has been criminalized. We currently don’t have freedom of association; thus, it becomes a great challenge to work for the inclusion of this population sector in public policies regarding economic and social growth,” explained Norberto.

Cesar Gomes, a Brazilian social leader, presented another element of the conversation by describing the situation of the Afro-descendant LGBTI populations as one of the worst in the world. Cesar shared that Brazil has one of the highest numbers of murders of trans women because of their gender identity, and in particular Afro-descendant trans women. He also revealed that the country has no public policies specifically for Afro-LGBTI individuals, and in recent years, the Ministries of Women, Racial Equality, and Human Rights within the government have been dissolved, which has weakened the participation of social movements demanding respect for the rights of trans men and women who are also Afro-descendants. Likewise, he pointed out that rates of murder and violence against LGBTI men and women are increasing alarmingly, particularly at the hands of local and/or municipal authorities. Finally, Cesar mentioned the critical situation of young Afro-LGBTI people, as they are the ones who report the highest rates of suicide due to social and family harassment, in addition to being victimized again due to their socio-economic condition, and lack of access to education and health.

On the other hand, Ingrid Gamboa, an Afro-Guatemalan Garifuna leader, stressed that the lack of economic resources represents a major hurdle for the Afro-descendant movement in its efforts to achieve the implementation of an action plan with regard to the International Decade of People of African Descent. Historically, Afro-descendants have been characterized as one of the ethnic groups with the largest inequality gaps in the world. Therefore, the lack of States’ commitment to guarantee the necessary resources for the implementation of said Decade limits the possibilities of participation and the formation of recognition of guarantees for the rights of the Afro-descendant people.

Finally, Association of Displaced Afro-Colombians (AFRODES) Vice-President Erlendy Cuero Bravo voiced her profound concern about the lack of visibility of the situation of Afro-descendant populations, which continues to be obscured by State representatives throughout the region, in particular related to assassinations, persecutions, harassment and intimidation which affects social leaders in various countries. Likewise, she declared that many states have abandoned the Afro-descendant population and are unaware of the structural issues related to poverty, discrimination and violation of human rights. “In Colombia, the Afro-descendant population was the group that supported the Peace Agreement the most, because we have suffered the most deaths, but yet the State has abandoned us. We are being killed each day, and yet it seems like the Colombian state has no eyes or ears to recognize our situation, or that the harassment of our people represents a systematic phenomenon. So far nothing has been done to guarantee the life of our men, women and children. Not because of a lack of public policies, because there are many, but rather because of a lack of political will. Today, my people are scared and confined because when someone kills one of our political leaders, they are also killing the entire Afro-descendant movement.”

“As trans persons, we are suffering aggression by guards in prisons” – Thematic hearing on the Situation of LGBTI Persons Deprived of Liberty in the Americas

On May 8, 2018, a thematic hearing on the human rights situation of LGBTI persons deprived of liberty in the Americas took place during the 168th Period of Sessions of the Inter-American Commission on Human Rights (IACHR).

The hearing, requested by the Red Corpora en Libertad (a network of over 11 civil society organizations from the region) and with technical support from the Institute on Race, Equality and Human Rights (Race and Equality), sought to present evidence to the IACHR of the vulnerable situation of and systematic human rights violations committed against LGBTI persons deprived of liberty.

During the hearing, information was presented by Ari Vera Morales, the President of the Red Corpora en Libertad network and member of Almas Cautivas (Mexico), Bianka Rodriguez of COMCAVIS TRANS (El Salvador), Katalina Angel Ortiz of Red Comunitaria Trans (Colombia), and Mariel Ortega from Race and Equality. They described the high levels of violence and discrimination that LGBTI persons suffer from while in prison. The basic rights of incarcerated trans persons are frequently not recognized and they are kept detained in conditions that do not meet the minimum standards required to live with dignity with respect to healthcare, sanitation, and personal care, are not provided. Furthermore, an adequate respect for the family and personal relationships of LGBTI inmates are seldom respected, particularly when compared with the rights afforded to other detainees. According to the speakers at the hearing, this is because the norms regulate prisons and other detention centers in the region are based on hetero-cis-normative standards that do not take into account the rights, identities, and specific needs of LGBTI persons.

Katalina Angel of the Red Comunitaria Trans from Colombia expressed that prison management is guided by a “genital-ist” vision to determine the location of male and female detainees within detention centers. Therefore, trans women are frequently forced to dress in clothes socially considered to be “masculine,” are called by names different from the one they identify with, are forced to cut their hair, and are coerced into adopting behaviors according to the gender they have been assigned.

Furthermore, LGBTI persons deprived of liberty suffer from violence and acts of aggression that enjoy impunity. “With a month left for my sentence to be completed at the ‘Eron Picota’ prison in Bogota, Colombia, I was sexually assaulted by nine men.  I was told that to keep my sentence from being extended, I should keep my mouth shut if I wanted to get out on time,” expressed Katalina during her presentation in the hearing. In light of this information, Commissioner Luis Ernesto Vargas Silva expressed great concern for situations similar to Katalina’s that are taking place at other detention centers in Colombia. He found this to be especially concerning because in 2011, the Colombian constitutional court issued sentence T072, guaranteeing the rights of LGBT persons deprived of liberty. Therefore, the information presented made the Commissioner question whether the ruling is being adequately implemented.

Ms. Angel also shared that trans persons’ bodies, in particular those of trans women, are used to smuggle and store illegal objects within detention centers. They are also not considered a “he” or a “she,” but are referred to as “it,” as a means to take away their humanity. These and other practices demonstrate that physical and emotional violence is systematically experienced on a daily basis by incarcerated trans persons.

Commissioner Flavia Piovesan, the Rapporteur on the Rights of LGBTI persons for the IACHR, declared that being deprived of liberty places trans persons in extreme situations of vulnerability. Commissioner Vargas Silva responded with great concern that Colombian detention centers often deny prisoners’ rights, especially if they identify as LGBTI.

Another concern raised during the hearing was the lack of importance given the conditions of LGBTI persons deprived of liberty, who tend to be forgotten internally in the public policies within the region. Therefore, the speakers called for the IACHR to comprehensively address this issue, even though past efforts by the IACHR have been meet with little response from regional governments.  It was also agreed that the IACHR should continue to monitor the situation and follow-up through its integrated recommendation system which enables a direct line of communication between the Commission and the States.

To conclude, Commissioner Joel Hernandez reaffirmed the concerns raised during the hearing, encouraging those present to communicate situations directly to the IACHR in order to activate protection mechanisms and to do a thorough monitoring of the human rights situation of the trans population deprived of liberty. Likewise, Rapporteur Piovesan publicly expressed the Commission’s commitment to denounce all human rights violations and offered to issue communications on the current situation of LGBTI persons deprived of liberty, as well as promote best practices in relation to the advancement of rights in the region.

Promote the rights of LGBTI persons deprived of liberty within your local government!

Through our differences, we create a diverse society – International Day Against Homophobia, Biphobia and Transphobia IDAHOTB.

On the occasion of the 2018 International Day Against Homophobia, Biphobia, and Transphobia (IDAHOTB), the Institute on Race, Equality and Human Rights along with our partner organizations and counterparts, calls for the end of all forms of discrimination, marginalization, and violence that affect LGBT persons in the Americas. We commit to construct a more pluralistic and accepting society based on alliances for solidarity.

Discrimination is bad for everyone. With tolerance for our differences, we create an accepting, representative, and just society. Achieving equality in laws and policies is the responsibility of States, but in order to achieve #ZeroDiscrimination, every individual must commit, take interest, and collectively create alliances for a greater and common good, because #TogetherWeAreStronger.

 

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Panel conversation on Advisory Opinion OC-24/17 of the Inter-American Court: “The key to eliminate discrimination is promoting equality. No one should be denied their rights on the basis of sexual diversity

“The right to self-identity and the free development of one’s personality is the most essential human right,” declared Flávia Piovesan – the Rapporteur on the Rights of Lesbian, Gay, Bisexual, Trans, and Intersex (LGBTI) Persons for the Inter-American Commission on Human Rights (IACHR)– as she spoke during a public conversation on May 10 organized by the Institute on Race, Equality and Human Rights (Race and Equality) in Santo Domingo in the Dominican Republic. The event took place alongside the 168th Period of Sessions of the IACHR.

The purpose of the event was to discuss the judicial and political implications of Advisory Opinion OC-24/17 of the Inter-American Court of Human Rights, entitled “Gender identity, equality and non-discrimination with regards to same-sex couples,” for OAS member States. Representatives of LGBTI organizations from all over the region attended and shared concerns with the Rapporteur on the difficulties facing the LGBTI population. Among those present was Christian King, the Director of TRANSSA (“Trans Always Friends”), who reflected on the struggle of trans persons to exercise the free development of their personality in the Dominican Republic due to the constant discrimination they face. He also believes the DR must enact laws and public policies that guarantee equality for all people, including by providing for the legal recognition of all gender identities. Also present was Julio Jose Martinez, who is the founder of the group of trans men IMBERBE and leader of the Movement for Trans Men, who shared the following:

“In the Dominican Republic, trans men are basically invisible – they have no easy access to treatments that reaffirm their identity, unless they know someone, or they go to illegal places where they ‘self-medicate’ at their own risk. Any medical staff needs to be properly trained in how to administer these procedures and handle these situations. When attending check-ups with the gynecologist, I’ve been called by the name that appears in my identification card, despite strictly asking to be called by my name “Julio Jose.”  This makes me receive even more strange looks from those present in the waiting room and causes me great embarrassment and humiliation.”

In this regard, Rapporteur Piovesan declared that “the most vulnerable group of people in society are distinctly trans people”.

Race and Equality’s Legal Consultant Mariel Ortega presented a legal analysis on Advisory Opinion OC-24 issued by the Inter-American Court. The Advisory Opinion addresses the legal recognition of gender identity and extending rights to same-sex couples. In her analysis, she emphasized that while guidelines for the legal recognition of gender identity postulated in OC-24 were drafted by the Court under its advisory capacity, the opinion is still a binding obligation that all States parties to the American Convention are required to comply with. This is because the Court was interpreting the American Convention and the opinion forms part of Inter-American corpus juris. States are obligated to ensure that their laws and policies comply with the opinion (see below infographic summarizing Advisory Opinion OC-24).

Rapporteur Piovesan stated that there are many challenges involved in the implementation of Advisory Opinion OC-24, signaling that the issuance of this opinion is just the beginning of a long process that requires the commitment of all social groups in order to achieve a real and effective realization of the principles in the opinion. In this regard, the Rapporteur highlighted that one of the key principles of the LGBTI Rapporteurship is to reject the criminalization of non-normative sexual orientations gender identities and expressions, in order to facilitate the creation of a path towards the implementation of the advisory opinion. “Criminalization fosters an environment of cruel violence, hostility and harassment – and generates conditions of human rights violations,” said the Rapporteur. Furthermore, she indicated that the one of the Rapporteurships’ main goals is to protect the rights of LGBTI persons and ensure that no one has less rights because of their sexual diversity. The key to ending discrimination is ensuring equality: “no one should be denied their rights to sexual diversity.”

Finally, the Rapporteur publicly pledged to work to ensure that States incorporate the guidelines discussed in the Advisory Opinion into their public policies and further expressed her full support for the LGBTI community to continue fighting for the acknowledgement of identities, autonomy, and free development of each person’s personality.

How did Colombia do at the Universal Periodic Review (UPR)?

On May 10, Colombia underwent a review of its human rights record during the Third Cycle of the Universal Periodic Review (UPR) in Geneva, Switzerland. The UPR is the main mechanism of the UN Human Rights Council to review the human rights records of each of the 193 UN member states and issue recommendations to improve the state’s public policies. After each revision, carried out every 5 years, a final report is issued that lists the recommendations which the state should implement before the next review period.

During the session, Colombia’s Minister of the Interior, Guillermo Rivera, stated that “today, Colombia is a different country” and that achieving lasting peace from the armed conflict is the best way to guarantee the promotion and protection of human rights for all Colombians. Additionally, during the session, the Minister spoke about the signing of the peace agreement between the Revolutionary Armed Forces of Colombia (FARC) and the national government in 2016 and the efforts to reach a similar agreement with the National Liberation Army (ELN).

The Minister also presented figures that indicated a reduction in rates of violence in 2017 to its lowest points in the last 42 years. Despite this figure, representatives of the countries present at the review continued to express concern for the high levels of violence, human rights violations, and murders of social leaders after the signing of the peace agreement.

Erlendy Cuero, the Vice-President of the National Association of Displaced Afro-Colombians (AFRODES), was present at the review thanks to the support of the Institute on Race, Equality and Human Rights (Race and Equality). She gave an overview of the situation of human rights in Colombia and urged the Colombian government to adopt the recommendations made by the States present at the review.

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While the final report with the recommendations for the Colombian government is still being drafted, the following are some comments and suggestions mentioned by representatives of the States present during the review of the Colombian state:

 

Race and Equality hopes these recommendations will be significantly taken into account by the State when taking measures to protect the lives of social leaders and recognize the rights of Afro and indigenous communities, men, women, children, and the LGBTI population. The Colombian government must not wait to take action to reduce violence and human rights violations. The stable and lasting peace proposed in the peace agreement has not yet been achieved in the country.

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