Nicaraguan civil society and international experts call for a new Human Rights Council resolution to address the crisis in Nicaragua

Nicaraguan civil society and international experts call for a new Human Rights Council resolution to address the crisis in Nicaragua

Washington, D.C., February 18th, 2021.– As the United Nations Human Rights Council prepares to open its 46th period of sessions, representatives of Nicaraguan civil society, including victims of human rights violations, joined international experts from the UN and the Inter-American Commission on Human Rights (IACHR) to urge the Council to approve a resolution strengthening High Commissioner Michelle Bachelet’s mandate to monitor Nicaragua’s human rights crisis.

The event “The role of the United Nations Human Rights Council in the face of the continuing human rights crisis in Nicaragua” included the participation of Thelma Montenegro, family member of two political prisoners and four people killed in the context of the repression unleashed by the social protests of April 2018; Lottie Cunningham, founder and president of the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN); Aníbal Toruño, director of Radio Darío and victim of constant police raids on his home and radio headquarters; Clément Voule, Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association of the United Nations, and Pedro Vaca, Rapporteur for Freedom of Expression of the IACHR. The moderator was Erika Guevara, Director for the Americas of Amnesty International.

Context

UN High Commissioner for Human Rights Michelle Bachelet will present her report on the human rights situation in Nicaragua during the upcoming session of the Human Rights Council (February 22-March 23). Twelve Nicaraguan and regional organizations, among them the International Institute on Race, Equality and Human Rights (Race and Equality), organized the virtual panel event to update attendees on the ongoing human rights violations in Nicaragua and to emphasize the importance of renewing and strengthening the High Commissioner’s mandate.

The Montenegro Family

Thelma Montenegro took part in the panel to expose the persecution, criminalization, and violence that her family has suffered for participating in the protests of April 2018. “Our participation unleashed hate, persecution, and cruelty on the part of the government’s supporters,” she said, revealing that since the protests, four of her family members have been killed, among them her two brothers Oliver and Edgar Montenegro and her husband Francisco Blandón.

Ms. Montenegro also shared that two of her nephews remain in prison as a consequence of their beliefs. Oliver Montenegro Muñoz, who was detained on June 21, 2020, was sentenced to 10 years in prison for the supposed crime of attempted homicide. Dorling Montenegro Muñoz, detained November 30, 2020, is charged with obstruction of justice, illegal possession of weapons, and attempted murder.

“We ask for monitoring and decisive action towards our country…We are in an election year, and now is the moment of opportunity to change our history, so that all this suffering does not repeat itself,” she stated.

Violence and vulnerability in the Northern Caribbean

In her presentation, human rights defender Lottie Cunningham stated that Nicaragua’s closing civic spaces and weakening democratic protections are causing displacement and systematic violence against indigenous peoples and those who defend their rights. In 2020, she stated, 13 indigenous Nicaraguans were killed, 8 were wounded, 2 were kidnapped, and at least one community was displaced from their territory. Since 2011, 49 indigenous people have been killed, 52 injured, 46 kidnapped, and 4 disappeared.

“As a result of this violence, it is estimated that 3,000 individuals from the Miskitu people alone have been forcibly displaced from their communities, including in the Honduran border region,” Ms. Cunningham explained, reporting that this violence is usually carried out by non-state actors with the consent or complicity of the state and that the perpetrators enjoy total impunity.

Cunningham also expressed her concern at the approval of the Law to Regulate Foreign Agents and the Law on Cybercrime, which she labeled as “repressive against the effort to defend indigenous rights.” She recounted how the Ministry of the Interior has refused to accept CEJUDHCAN’s registration as a non-governmental organization and how pro-government actors frequently slander the organization’s members as spreaders of ‘fake news.’

“We call on the international community and exhort the Human Rights Council to approve a resolution on Nicaragua that accounts for the needs of indigenous and Afro-descendant peoples,” she emphasized.

Attacks on the independent press

Aníbal Toruño, director of Radio Darío in the city of León and a beneficiary of protective measures granted by the IACHR, discussed the prosecution of at least three journalists, the confiscation of the offices of independent outlets Confidencial and 100% News since April 2018, and other government efforts to repress independent journalism.

Mr. Toruño explained that pressure from the government of President Daniel Ortega has caused the closure of over 20 news outlets and at least 10 news and opinion programs. Furthermore, of the 13 free-to-air television channels that once broadcasted in Nicaragua, only two remain. One of these, Channel 12, has been under embargo since September 2020.

Toruño himself has suffered 125 police actions against Radio Darío and 32 against his home. His home was raided by police, violently and without a court order, three times between January 4 and February 4 of this year.

International concern

Both UN Special Rapporteur on the Right to Peaceful Assembly and Association Clément Voule and IACHR Rapporteur on Freedom of Expression Pedro Vaca expressed great concern at the situation in Nicaragua, agreeing that the recent passage of laws to restrict civil and political rights, including by imprisoning those who broadcast information that the government considers threatening, has worsened the outlook for human rights in the country.

Mr. Voule expressed that “We have concerns, including the use of arbitrary force against those who go out to the street to protest, criminalization and attacks against political opponents, and attacks on the press,” reminding the audience that he has made several requests for an official visit to Nicaragua since 2018, but has received no answer. “Also concerning is the lack of information or false information used against victims-including women, LGBTI people, or environmentalists-who are accused of being terrorists or drug traffickers.”

Mr. Vaca concluded that Nicaragua has unleashed a sophisticated program of censorship and that the National Assembly’s legislative initiatives appear to be focused on eroding the rule of law. He observed that Nicaragua is suffering a “dismantling of the social fabric” and that there is a risk of losing key information about human rights violations. “Nicaragua is fearful, and we are listening. This is part of what can hopefully be included in our ongoing analysis,” he concluded.

 Calls for a new resolution at the Human Rights Council

Amnesty International’s Americas Director, Erika Guevara, insisted that Nicaragua’s human rights crisis is ongoing and that with the government refusing to cooperate with the regional and international human rights protection systems, action by the Human Rights Council and the Office of the High Commissioner for Human Rights is critical.

Speaking for all the co-sponsors of the event, Ms. Guevara called on the Council’s member states to adopt a strong resolution renewing the High Commissioner’s mandate to address the Nicaraguan situation. She emphasized that such a resolution should establish clear criteria to judge Nicaragua’s cooperation, sending a message to victims, human rights defenders, and independent journalists that the international community is committed to truth, justice, and reparations for the abuses of their rights.

Race and Equality celebrates Brazil’s ratification of the Inter-American Convention against Racism

Brazil, February 19th, 2021 – The International Institute on Race, Equality and Human Rights (Race and Equality) congratulates the Brazilian State for its ratification  of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance [1], originally signed by the member countries of the Organization of American States (OAS) in Guatemala in 2013 [2]. The Brazilian Senate’s ratification of the Convention marks a major achievement for the Afro-Brazilian movement, which has fought for the adoption and strengthening of the Convention for over 20 years. In signing and ratifying the convention, Brazil has committed to fighting intolerance and racism, presenting an opportunity to break with the racism ingrained in Brazilian society.

With its ratification, the Convention gains the status of a constitutional amendment in Brazil, allowing laws which go against its statutes to be challenged in court. These potential challenges represent a new path for anti-racist discourse and activism in the country. Aligning domestic legislation with human rights standards is of paramount importance in the fight to end, prevent, and punish racism and discrimination. It is noteworthy that in Article 5, Subsection 42, the Brazilian Constitution makes the crime of racism ineligible for bail and exempt from a statute of limitations. In Article 3, Subsection 4, the Constitution rejects prejudice and other forms of discrimination.

Lúcia Xavier, General Coordinator of the Brazilian organization Criola, welcomes Brazil’s ratification of the Convention, telling Race and Equality that the Convention now represents a fundamental instrument for promoting the rights of Afro-Brazilians, especially Afro-Brazilian women, amidst attacks on human rights and the continuing effects of COVID-19 in Brazil. “While conservative governments are advancing against rights, the Convention will mean having more instruments for human rights and  strengthening the regional human rights system itself. It will be a fundamental political instrument going forward to confront racism in Brazil and in the region,” she remarked.

“Now that it has been ratified by Brazil and consolidated in our legislation, the Convention reinforces the effort that the Afro-descendant and Afro women’s movements have been making for years to definitively eradicate racism – especially institutionalized racism, that which does not consist of laws, rules, or policies, but is implemented by the State in all its instances, every day. So, the possibility of having this instrument against the conservative attacks that the current Brazilian government is making on the Black population is very good,” Lúcia Xavier, General Coordinator, Criola. 

Carlos Quesada, Executive Director of Race and Equality, commented that in Brazil, there are many forms of racism which are hidden at first glance, but can be found in the high levels of violence facing the Black population and in unequal access to the labor market, housing, health, and education. “Given the historical circumstances of Brazil, starting with the fact that Brazil is the country with the most Afro-descendant people outside Africa and a country whose Black population faces serious discrimination and the erasure of their human rights, the ratification of this agreement opens more possibilities for tackling and undoing structural racism”, explained. 

In Brazil, structural and systematic racism is evident in the statistics regarding incarceration, poverty, and suicide among Afro-Brazilians. These outcomes reveal institutional racism throughout social and legal structures, including many public institutions that are historically rooted in efforts to maintain privileges through exclusion and marginalization. The Convention will allow activists to challenge these structures and pursue democratization of rights through public policies oriented towards social justice.

Lívia Casseres, a lawyer with the Public Defender’s Office of the State of Rio de Janeiro, was a leader in the effort to ratify the Convention. She recalls that Brazil played a leading role in urging other OAS members to draft and sign the Convention. She believes that this leadership is a testament to the work of the Afro-Brazilian movement. “It’s a Convention that attacks indirect discrimination and provides for the prohibition of public policies with discriminatory impacts,” she explained.

“We have for the first time a legal document with the capacity to face the complexity of the phenomenon of racism. It is a great advance, because it is a Convention that has much more sophisticated and refined legal elements, capable of accounting for the complexities of racism that we were unable to fully address with the legal framework that existed before ratification.” Lívia Casseres, Public Defender of the State of Rio de Janeiro.

With the Convention now ratified, Race and Equality emphasizes that the implementation of the Convention must take place in consultation with civil society. Article 15, Paragraphs 4 and 5 of the Convention call for each State Party to appoint an independent expert tasked with monitoring the commitments made in the Convention. In addition, a committee should be created to exchange ideas and review the progress made by State Parties in their implementation [3]. Consultations with civil society are an opportunity for the State to dialogue with different sectors of society, especially with the Afro-Brazilian population, so that the challenges in the fight against racism can be addressed.

Faced with this conjuncture of new possibilities to combat racism, Race and Equality celebrates the work of the Afro-Brazilian movement in the struggle for the approval and ratification of the Convention. We are committed to strengthening this movement and contributing to the anti-racism and human rights struggles of Afro-Brazilians. We recognize the great importance of this agreement for repaying the social debt owed to Afro-Brazilians and for improving the lives of Afro-descendants facing great vulnerability across the country. We recommend that the State of Brazil:

1 – Implement the articles of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance in consultation with different sectors of civil society, especially in dialogue with Afro-Brazilian movement;

2 – Formulate a plan so that the legislative, executive, and judicial branches can each implement actions for immediate compliance with the Convention;

3 – Create public policies that punish racist acts and repair structural racism with a view to promoting equality and affirmative action in the areas of ​​health, work, well-being, education, and political participation.

 

[1] https://g1.globo.com/politica/noticia/2021/02/10/senado-aprova-projeto-que-ratifica-texto-da-convencao-interamericana-erca-o-racismo.ghtml

[2] and [3] https://www.cut.org.br/system/uploads/ck/files/interamericantreatiesA-68ConvencaoInteramericanaracismoPOR.pdf

 

 

Six years after the adoption of the Sustainable Development Goals (SDGs), Cuban women demand a comprehensive law on violence against women

Washington, D.C. February 4th, 2021.– The International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar on Wednesday, February 3rd to discuss women’s and girls’ rights in Cuba with representatives of independent Cuban civil society. The webinar also marked the official launch of the report Cuban Women: Left Out of the 2030 Agenda.

The webinar, entitled “Cuba and the 2030 Agenda: Progress on SDG 5 on gender equality and empowerment of women and girls,” featured Damaris Rozo López, director of the Regional SDG Observatory at University of the Andes in Colombia; María Matienzo, a Cuban journalist and writer who authored the report; Marthadela Tamayo, a human rights defender and member of the Citizens’ Committee for Racial Integration (CIR); and Eroisis González, coordinator of the Cuban organization Women’s Platform (Plataforma Femenina).

Johanna Villegas, Legal Program Officer at Race and Equality, served as the moderator, while Executive Director Carlos Quesada offered opening and closing remarks. Carlos remarked that SDG 5 aims to end discrimination and violence against women and girls, give proper recognition to gendered labor, improve women’s participation in public life, ensure access to reproductive health, and provide women with equal access to economic resources and opportunities.

Leaving No One Behind

In her remarks, Damaris Rozo López explained that one of the most important principles of the 2030 Agenda, the vision for sustainable development for which the SDGs provide the roadmap, is the commitment to “leave no one behind.” This commitment requires an intersectional approach to sustainable development, with particular attention devoted to the circumstances of vulnerable groups of women, including Afro-descendant, LGBTI, and indigenous women.

Damaris warned that Latin America and the Caribbean face serious headwinds in achieving the SDGs. The Observatory’s data indicates that the region is not on track to achieve the goals by 2030, and at its current pace would not even achieve them in the next 50 years. Damaris explained that although COVID-19 has posed an unprecedented challenge, “We may be lagging, but we cannot stay still. I encourage all of civil society to pressure their States to achieve the Sustainable Development Goals.”

The Situation in Cuba

In her intervention, Maria Matienzo summarized her report Cuban Women: Left Out of the 2030 Agenda, which uses documentation of human rights violations and first-hand testimonies to analyze Cuban women’s experiences with the country’s sustainable development process. “In Cuba,” she concluded, “there exists a pattern of violence against women that has repeated itself over many years, demonstrating a failure to achieve SDG 5.”

Maria emphasized two key points. First, the lack of a juridical framework ensuring protection and equality for women, particularly the lack of a comprehensive law on violence against women that defines femicide as a crime. “In November 2019,” she explained, “a group of 40 activists, all women, presented a model law on violence against women to the National Assembly, but they were ignored.”

Second, she pointed to a clear pattern of criminalization against women’s rights activists. An environment of constant violence faces these activists, with assaults, arrests, and threats documented throughout 2020. The case of journalist Camila Acosta, who has been evicted from several rental homes due to security forces’ pressure on her landlords and who was arbitrarily detained while attempting to report on the peaceful protests of January 27th, is emblematic.

Marthadela Tamayo and Eroises González, both Afro-Cuban women, described the compounded forms of violence and discrimination facing Afro-Cubans who advocate for human rights and sustainable development. The activists described racialized abuse at the hands of police or State Security. Marthadela remarked that Cuban officials often insist, “you should be grateful, because the Revolution made you [Afro-Cubans] fully human.” Eroises also stated that the COVID-19 pandemic has fallen the hardest on Afro-Cuban women, especially those who do not live in the capital of Havana.

Cuban Women’s Demands

All three activists agreed that the Cuban government must produce trustworthy and accessible data on the situation of Cuban women and girls. They also demanded legal reforms to ensure gender equality and to protect women from violence, including a specific measure to criminalize femicide. According to statistics from the initiative Cuba I Believe You, 32 women, 2 of them underaged, were killed in Cuba in 2020. The Cuban Women’s Network documented 4
more killings in January of this year.

Race and Equality is committed to supporting the demands of independent civil society in Cuba, including the demands for gender equality, for an end to violence against women, and for an end to gender-based discrimination. We call upon the Cuban State to fulfill its international obligations by listening to the voices of women’s rights activists and following their recommendations to take all necessary steps to build a free and equal society.

Read and download the report Cuban Women: Left Out of the 2030 Agenda (Spanish) here

Watch the webinar here

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

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

About the dossier:

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

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

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

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

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

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

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

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

Download the dossier in English: Link

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

 

To celebrate Black History Month, Apple supports Race and Equality in its work for racial equity in the Americas

Washington, D.C., January 26th, 2021.– The International Institute on Race, Equality and Human Rights (Race and Equality) has been chosen by Apple to be one of six organizations that will receive support to advance their work promoting racial equality in the U.S. and around the world. The announcement comes as Apple launches its initiative to celebrate Black History Month, including the launch of the Black Unity collection of the Apple Watch.

In announcing the collaboration, Race and Equality’s Executive Director Carlos Quesada remarked, “We are proud to take part in Apple’s global initiative to honor and celebrate Afro-descendant culture and history.” The other organizations that will receive support through the initiative are the Black Lives Matter Support Fund (via the Tides Foundation); European Network Against Racism; Leadership Conference Education Fund; NAACP Legal Defense and Education Fund, Inc.; and Souls Grown Deep.

Race and Equality is thankful for Apple’s recognition of our work defending and promoting the human rights of Afro-descendant people in the Americas. Our efforts will benefit greatly from this support. We pledge to continue our struggle for a more just and equitable society for all.

To learn more about Apple’s Black History Month initiative, click here.

Cuba: In response to Race and Equality’s request, IACHR grants precautionary measures to three members of the Citizens’ Committee for Racial Integration

Washington, D.C., January 22, 2021.– The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures to Juan Antonio Madrazo Luna, Marthadela Tamayo González, and Osvaldo Navarro Veloz, three human rights defenders who are members of the Citizens’ Committee for Racial Integration (CIR, by its Spanish initials) in Cuba, having found that they face a situation of grave and imminent risk of irreparable damage to their human rights.

In its decision, the IACHR called upon the State of Cuba to adopt the necessary measures to guarantee the three activists’ rights to life, to personal integrity, to freedom of expression, and to carry out their work as human rights defenders without suffering violence or intimidation. These measures should be agreed upon in consultation with the beneficiaries.

The International Institute on Race, Equality and Human Rights (Race and Equality) filed the request for these precautionary measures in response to the threats, harassment, surveillance, detentions, and violent attacks that the CIR has documented against Juan Antonio, Marthadela, Osvaldo, and other CIR members. In granting the precautionary measures, the IACHR called upon Cuba to report how it plans to investigate these incidents within fifteen days.

Persecution against the CIR

The culmination of the persecution facing the CIR was the arbitrary detention of Juan Antonio Madrazo Luna, its National Coordinator, on November 12, 2020. Agents of Cuba’s State Security forces raided his house in Havana and confiscated both personal and work-related materials from him and his sister. Juan Antonio was then detained and held incommunicado for over 18 hours.

Marthadela Tamayo González and Osvaldo Navarro Veloz have also suffered multiple incidents of repression, including being detained on November 22nd, 2020 during a peaceful protest in Havana’s Central Park. The protest was called to demand the release of Denis Solís, a musician and member of the San Isidro Movement who is being held as a political prisoner. Before being detained, the two were physically attacked by a pro-government group of civilians who disrupted the protest.

Race and Equality hopes that the State of Cuba will fulfill its international human rights treaty obligations by responding to the Commission’s requests and guaranteeing the safety of Juan Antonio, Marthadela, and Osvaldo. We also hope that the State will allow them to carry out their vital work as human rights defenders without suffering persecution, threats, or violence at the hands of police, State Security, or pro-government civilian groups.

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

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

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

The killing of George Floyd

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

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

COVID-19: a multiplier of inequality

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

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

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

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

Anti-LGBTI violence and hatred

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

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

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

Human rights defenders continue to be murdered

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

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

Repression of civil society

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

HIV/AIDS in Colombia: a success story without victories

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

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

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

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

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

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

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

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

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

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

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

 

 

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

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

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

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

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

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

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

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

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

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

As the Cuban Government Represses Independent Civil Society and Media, Race and Equality Demands Respect for Freedom of Expression and Peaceful Assembly

Washington, D.C., November 24, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the Cuban government’s ongoing repression of independent civil society, especially its current efforts to repress protests against the imprisonment of the musician and activist Denis Solís. On Sunday, this repression escalated with the detention of over a dozen activists, accompanied by attacks and censorship against local and international media outlets.

On Monday, civil society reported that at least 16 arbitrary detentions had taken place on Sunday, the majority of them in Havana’s Central Park, where independent activists and journalists gathered for a peaceful protest to demand Solís’ release. Solís, a member of the San Isidro Movement, was detained on November 9th and sentenced in a summary trial to eight months in prison for the supposed crime of “contempt,” a vaguely-defined statute frequently used to criminalize independent civil society activists.

Those detained have all been released, but they were interrogated, threatened, and in many cases beaten while in custody. Among those detained were Juan Antonio Madrazo Luna, Marthadela Tamayo González, and Osvaldo Navarro Veloz, all members of the Citizens’ Committee for Racial Integration (CIR). The Dama de Blanco Berta Soler, activist Ángel Moya, reporter for independent outlet 14yMedio Luz Escobar, and independent journalist Héctor Luis Valdés were also detained. Other incidents of repression were reported across Cuba. In Antilla (Holguín province), CIR member Esber Rafael Ramírez Argota was detained; Leticia Ramos Herrería and Marisol Fernández Socorro, both Damas de Blanco, were arrested in Matanzas.

Race and Equality learned from Cuban contacts that violence was perpetrated not only by the police and State Security agents who quashed the protest, but also by pro-government civilian groups who insulted and struck the protestors while authorities stood by.

Persecution of CIR

This was the second incident of arbitrary detention that CIR, an independent civil society group working to promote the human rights of Afro-Cubans, suffered in November. On November 12th, CIR’s national coordinator Juan Antonio Madrazo Luna was detained outside his house in Havana. He was held incommunicado for over 18 hours as police searched his home and confiscated computers, cameras, hard drives, a projector, a voice recorder, a printer, documents, money, and other possessions.

Marthadela Tamayo González and Osvaldo Navarro Veloz were both detained at about 10:30am on November 19th, as they tried to attend a press conference at the CIR office about the failure of the government’s National Program Against Racism and Racial Discrimination. The two activists were taken to a police station in Alta Habana and spent approximately 50 minutes locked in a police car before being interrogated by two officials who identified themselves only as “Osvaldo” and “Ricardo.” “Ricardo” was the same officer who had overseen Madrazo Luna’s detention on November 12th.

During the interrogation, “Ricardo” warned the two to cease their activism with CIR, telling them that “you will not be allowed to ridicule President Díaz-Canel on social media,” a clear reference to CIR’s campaign marking the one-year anniversary of the National Program Against Racism and Racial Discrimination. About two hours after they were detained, they were driven to another police station in Santiago de La Vegas and held there until they were finally released around 2:50pm.

The planned press conference was suspended, with Madrazo Luna reporting that the CIR office was surrounded by State Security agents watching for journalists or community members who might try to attend.

Repression on the rise

Since the detention of Denis Solís on November 9th, the Cuban government has stepped up its violations of freedom of expression and its use of arbitrary detentions against human rights activists, journalists, and artists who speak out for Solís’ freedom.

Police surrounded the offices of the San Isidro Movement on November 18th, where 14 people had gathered to plan a peaceful protest march. In response, some of the protestors chose to launch a hunger strike. At the moment, two people continue to go without food or water, and five more remain on hunger strike.

Race and Equality calls on the Cuban government to cease its harassment and persecution of human rights defenders, including members of CIR. The Universal Declaration of Human Rights and Human Rights Council Resolution 13/13 both require state parties to desist from any actions that interfere with the work of human rights defenders and forbid discrimination, including for political reasons. We support the statement made by the Inter-American Commission on Human Rights (IAHCR) calling upon the State of Cuba to “put a rapid end to the practice of harassment against independent activists, artists, and journalists who seek to exercise their right to freedom of expression.”

Look here for images about the repression of Sunday, November 22, in the Central Park of Havana:

State Department Should Push for Justice After Afro-Brazilian Man Killed by Security in Carrefour Store

Washington D.C., November 24th, 2020.– The International Institute on Race, Equality and Human Rights (Race and Equality) and the Washington Office on Latin America (WOLA) add their voices to the thousands of Brazilians calling for justice for the November 19 murder of João Alberto Silveira Freitas in Porto Alegre, Brazil. According to videos circulating on social media, Mr. Silveira Freitas was beaten to death by Carrefour security guards after an alleged disagreement took place between Mr. Freitas and the guards.

This incident is just one of many acts of violence committed against Afro-Brazilians. Sadly, it took place a day prior to Brazil’s Black Awareness Day. On this day, Brazilians honor Francisco Nzumbi, better known as “Zumbi dos Palmares,” who in the late 1600s founded the Quilombo do Palmares, a community of people who resisted slavery. Instead of taking this opportunity to urge Brazilians to examine the connection that exists between systemic racism and violence in the country, the country’s leaders were quick to downplay this murder. On Saturday, President Jair Bolsonaro stated at the G-20 summit that some are trying to destroy Brazil’s diversity by “fueling race division..undermining the fight for equality.” The day prior, Vice President Hamilton Mourao stated to the press that “there’s no racism in Brazil.”

In a country where Afro-Brazilians are three times more likely than other Brazilians to be victims of homicide, such dismissive statements are troublesome. To its credit, Carrefour’s French CEO Alexandre Bompard stated that internal measures taken so far regarding the relationship with security contractors are insufficient and called for more comprehensive actions. Carrefour Brazil fired the security firm and is pushing that the guards are held legally accountable for their actions.

The U.S. government, as a party to the U.S.-Brazil Joint Action Plan to Eliminate Ethnic and Racial Discrimination, should push Brazil to be self-critical when it comes to this incident, seek justice, and encourage the country to advance anti-racism efforts.

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