International Trans Day of Remembrance: Remembering and reaffirming the struggle for equality and justice

International Trans Day of Remembrance: Remembering and reaffirming the struggle for equality and justice

Washington, D.C., November 20th, 2020.- On November 20th, International Day of Trans Remembrance, the International Institute on Race, Equality and Human Rights (Race and Equality) remembers the trans people who have been killed around the world, especially in Latin America and the Caribbean, where the majority of such killings take place according to civil society reports. Race and Equality spoke with six trans activists from across the region who keep the memory of those killed alive and carry on the struggle for equality and justice.

An unimaginable reality

Brandy Carolina was 32 years old when she was stabbed to death by a man in the La Chinita neighborhood of Barranquilla, Colombia. Brandy was known as an extrovert who dreamed of earning enough money to buy a house for her mother, but she was killed for being a trans woman before she could make her dream a reality. Her death and the hateful motives behind it were reported by organizations that defend the rights of Colombians with diverse sexualities and gender identities.

“She never expressed fear beforehand, she was confident in herself, and really, nobody expects to die, it comes suddenly and where you don’t expect it,” said Andra Hernández, a representative of the Boyacá LGBTI Network and a member of Femidiversas. However, Andra pointed out that La Chinita was also the site of two murders in the months before Brandy’s death: the killing of a trans woman on April 16th, and the murder of a lesbian woman on March 26th. “We didn’t expect that someone so close to us would meet the same fate, at the hands of a society that doesn’t respect diversity and difference. You can never be prepared for a death, much less being murdered for being trans,” she said.

Every year, in the lead-up to Trans Day of Remembrance, the international organization TransRespect Against Transphobia publishes a detailed report on the killing of trans and gender-diverse people around the world. This year’s report reveals that between October 1st, 2019 and September 30, 2020, there were 350 such murders. 82% occurred in Latin America, with Brazil (152 murders),[1] Mexico (45), and Colombia (16)[2] atop the list of countries with the most killings.

Dying two times

Santiago Balvin, a non-binary trans-masculine activist from Peru, affirmed the importance of commemorating trans people who have been killed. According to Santiago, these victims continue to suffer discrimination and erasure after their deaths: “There is a feeling of frustration because you can’t do anything – their families don’t recognize their names, the media does not report about their identity correctly, it’s very painful when your sister’s death is treated this way and it keeps happening with impunity.”

Santiago also emphasized the importance to Peru’s LGBTI community of marking the Tarapoto Massacre, also known as the Night of the Gardenias, a targeted killing of transgender people on May 31st, 1989 that is recognized as the worst hate crime against transgender people in Peru’s history. According to Santiago, Peruvian civil society organizations have recorded five murders of transgender people in 2020.

Victoria Obando, a Nicaraguan human rights activist and former political prisoner, told Race and Equality that for her, Trans Day of Remembrance is a day to honor the struggle for trans rights, a struggle in which most of those killed had participated during their lives. “We live in a society that does not recognize us as part of society. It’s a tragedy what the trans population has to go through, especially trans women. They don’t recognize that we are also human beings,” she said.

Nicaragua does not have reliable data about violence against trans people, a failure which Victoria links to the broader socio-political crisis affecting the country. She also denounced the tendency to sideline trans activists in discussions about how to return democracy to the country. “Some people think in terms of categories like ‘special topics’ and see trans rights as something secondary to be kept in a box. As an activist, I have had to fight for acceptance; some people underestimate my abilities because of my identity,” she said.

Exclusion and impunity

Athiany Larios Fonseca, a Nicaraguan trans woman living in exile in Costa Rica, recalls one of the first times she encountered anti-trans discrimination. “My friend and her partner were attacked with stones outside her house; she later asked me why people treat us so badly, and I started to cry. People attack us and even kill us because of this hate, because we are not a woman or a man according to their biological rules,” she told Race and Equality.

Christian King, an activist with TRANSSA in the Dominican Republic, explained that Trans Day of Remembrance “is about recognition and reaffirming our trans companions who have lost their lives to discrimination, transphobia, and prejudices that come from a lack of political will or public policies that protect trans rights and penalize discrimination.”

In the Dominican Republic, the Observatory on the Human Rights of Trans People has registered 49 hate crimes against trans women, of which only 5 have been tried and led to sentences against the perpetrators. Along with TRANSSA, the Observatory advocates for a national Law on Equality and Non-Discrimination, a Law on Gender Identity, and the full implementation of the National Human Rights Plan.

The state’s responsibility

Bruna Benevides, a leader of the National Association of Travestis and Transsexual People (ANTRA)[3] in Brazil, stated that violence against trans people stems from a long historical process by which trans people are rendered invisible, denying them their most basic rights. Bruna placed the blame squarely at the foot of the state, which has failed to respond to trans people’s needs. “We see a growing neoliberal trend around the world, leading to fascism. The specter of “gender ideology” and the belief that trans people, women, and Black people must continue to be subordinated are central to this trend,” she added.

Bruna also emphasized the ways in which COVID-19 has exacerbated violence against trans people, with inequality, unemployment, hunger, and social exclusion all worsening during the pandemic. As TransRespect’s report makes clear, the pandemic has had a disproportionate effect on trans people, particularly trans people who are also excluded from society because they are women, Black or another racial minority, sex workers, migrants, young people, or poor.

Bruna went on: “Sadly, the lack of action and the lack of attention to trans people, the way that we are treated as invisible, leaves us without any state assistance. As a result, we are more vulnerable to violence. This is part of a broader logic that decides who can be killed, who can be discarded, who is not part of the hegemonic structure and can be exterminated easily. We are the country with the most killings of trans people in the world, and this year we are at the top of the ranking once again.”

On International Trans Day of Remembrance, Race and Equality calls on all states to remember their obligation to protect and promote the rights of all people without discrimination. Faced with a worldwide crisis of violence and murders against trans people, we offer the following recommendations:

  • States should adopt the necessary laws and policies to guarantee recognition, respect, and inclusion for people with diverse sexualities and gender identities
  • States should establish special mechanisms to respond to acts of violence against LGBT people, leading to full investigations, sanctions for those responsible, and guarantees of non-repetition
  • States should utilize official channels and resources to educate the population about sexual diversity and gender identity in order to promote societal recognition and respect for LGBTI people and their rights

[1] Data recorded by ANTRA, a Brazilian LGBTI advocacy organization

[2] Civil society organizations based in Colombia reported an additional 14 cases, for a total of 30

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

Race and Equality demands respect for freedom of expression in the midst of the campaign for the release of Cuban activist Denis Solís; condemns the Cuban government’s continued repression against independent journalist María Matienzo and activist Kirenia Yalit Nuñez Pérez

Washington, D.C., November 19, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) strongly condemns the continued repression carried out against independent journalist and writer María Matienzo and her partner, activist Kirenia Yalit Nuñez Pérez, at the hands of the National Police and State Security. At least four officials and a police unit remain camped outside Matienzo and Nuñez’ home in Havana since Tuesday, November 17, threatening to arrest them and take them to prison if they attempt to leave the house.

Matienzo communicated to Race and Equality that she attributes the current act of repression to her and Nuñez’ participation in the Movimiento San Isidro’s campaign to demand the release of activist and musician Denis Solís, who was arrested in Havana on November 9 and was sentenced, two days later and in a summary trial, to eight months in prison for the supposed charge of “contempt.”

Matienzo signaled that on the first day, as they attempted to leave the house, officials in the street turned on the police sirens seeking to approach them and arrest them. In addition, her partner was blocked from accessing mobile data for half a day. This recent phenomenon has been attributed to a deliberate action from the Telecommunications company (ETECSA) to commonly suspend access to data services for activists and members of the opposition.

To Matienzo, a journalist for Cuban independent media outlet CubaNet, this type of harassment is a common and recurring practice. “Sometimes they let us leave and they detain us on the road; in March, Kirenia was able to get close to a meeting location before being detained and placed in a police car under direct sunlight and interrogation,” said Matienzo. On October 10, she faced a similar situation – she was arrested while walking towards the Movimiento San Isidro headquarters and was taken to a police station where she was kept for over five hours.

Kirenia, a psychologist and coordinator of the Cuban Youth Round Table (Mesa de Diálogo de la Juventud Cubana), was also fined 100 pesos in March of this year for being falsely accused of avoiding security mechanisms. In January, she was given a written threat of being arrested and processed for “introducing counter-revolutionary material” to Cuba.

Day of Repression

Matienzo emphasized that she and her partner are not the only victims of this wave of repression and persecution – dozens of other people have been beaten, threatened and arrested since the previous week in response to the Movimiento San Isidro’s series of actions to protest the arbitrary detention of activist Denis Solís and demand his immediate release.

“Denis Solís has a particular racial profile to which the government’s sexist, homophobic and racist approach has intentionally caused more harm. The situation of lack of freedom of expression seen in the island is untenable, but we have chosen to speak out. The people must wake up because this is an evil that affects us all equally,” said the journalist.

In response to the recent wave of repression, at least nine activists from the San Isidro Movement headquarters decided to undergo a hunger strike. According to Matienzo, 14 people remain inside the headquarters, where they held a meeting three days ago to draft poetry in favor of Denis Solís’ liberation. However, a group of around 100 men comprised of plainclothes police and State Security agents arrived at the scene and surrounded the property and prevented the activists from leaving; they also intercepted food deliveries being provided by a neighbor.

Race and Equality strongly condemns these actions, which are clear violations of human rights. We demand that the Cuban government adopt the necessary measures to ensure the safety of María Matienzo and Kirenia Yalit Nuñez Perez. In light of international human rights norms, such as the Universal Declaration of Human Rights and the American Declaration of the Rights and Duties of Man, freedom of expression must be guaranteed by all States.

Lesbian Resistance Collective creates project to map the socio-cultural situation and emotional state of lesbian and bisexual women in Rio’s Maré Favela Complex

In hopes of presenting the daily experiences of lesbian and bisexual women from the slums, specifically those who live in the Maré Favela Complex in Rio de Janeiro, the Lesbian Resistance Collective of Maré created a project to map the socio-cultural and emotional situation of lesbian and bisexual women.  The project was organized by Beatriz Adura Martins and Dayana Gusmão (Read: https://bit.ly/2TDB5ES), and the research was carried out in partnership with the Institute of Psychology at the Federal Fluminense University (UFF) between November 2019 and June 2020. The mapping project is available for download on the Metanoia Editora website, run by lesbian women Léa Carvalho and Malu Santos. [1]

Their experiences were shared within Espaço Casulo, or Cocoon Space in English, where the therapeutic group took place, as well as in other social spaces used by the collective, allowing the mapping to take place alongside this region’s residents, rather than somewhere distant from their everyday realities. Before the research began, the psychology students leading it first learned about the situations that permeate lesbian and bisexual experiences within the favelas by exploring the realities of the Maré Favela Complex in person. From this exploration, fundamental questions were born that now form the mapping project.

The document aims to register and denounce the scarcity of information on lesbian favela experiences, particularly non-violent ones, seeing as hegemonic representations of favelas remit the violence and abandonment of public power. “Generally, these surveys only deal with middle-class lesbian women and/or those ‘on track,’ and the reality of lesbians in the favelas ends up being ignored. For this reason, the idea of ​​the mapping project is to affirm these existences in Maré and not to tell them how they should be,” explains Beatriz Adura [2]. Thus, she presents the question: how can numbers and surveying serve to chart subjective experiences?

Based on these reflections, the organizers affirm that this is pioneer research, as they know of no other socio-cultural and emotional mapping of lesbians and bisexuals within Brazilian favelas. With this, they hope to extend the discussion to many other mapping projects about these women’s realities across the country. The organizers emphasize that the plurality of “lesbianalities” needs to be made visible, as research reflects that, even in Maré, there are unique differences between their realities and those of other women. As  outlined in their objectives, the mapping intends to influence the construction of public policies that consider the specific lived experiences of lesbian and bisexual women from these communities, as well as to open debate and produce conviviality that contributes to the elimination of social marginalization that lesbians face in the Maré favelas.

Eight out of the 16 total favelas within the complex were included in the mapping project. The 40-question long questionnaire obtained a total of 59 respondents who answered questions about race, housing, maternity, religion, basic sanitation, and family relationships, among others. Having a majority of university student respondents, the project highlights the importance of community college entrance exams in Maré.  Looking at questions related to gender, researchers noted that these questions are more advanced academic questions. Gender is not a common topic that is considered in the daily lives of these women, so much so that 20% chose not to answer these questions and three designated themselves as non-binary.

Regarding race, 70% declared themselves to be non-white, a fact that the organizers see as vital to creating public policies that contemplate the reality of the favelas, as, generally, these surveys focus on the perspectives of white and middle-class lesbian women. More specifically, 47.5% declared themselves Black; 28.8%, white; 20.3%, brown; 3.4%, Indigenous; and no person claimed to be Asian. “We draw attention to the importance of specific surveys on methods of favela sociability that often do not appear in the statistics of generic surveys, always leaving the favela population destined to talk about their problems and violence. Lesbians living in the favelas of Maré exist and are mostly Black, brown, and Indigenous, representing 71.2% of this population,” the report indicates.

In regard to violence, the interviewees said they felt safer and more comfortable within the favela to express their sexuality, as they have already suffered attacks outside of it. With this, the research reveals that domestic violence is something that characterizes the daily life of lesbians in Maré. Many of them have already been referred by family members to some sort of conversion therapy [3] based on religious practices.  In this sense, this data reflects how the advancement of the conservative agenda and the growth of neo-Pentecostal churches in the region influence the situation of violence and the denial of lesbian existence. For these women, psychological violence represents twice as much oppression as physical violence, resulting in 70% of them declaring that they have no religion.

Given this scenario, the organizers explain that uniting the of lesbians in Maré was important for the construction of research, however, this was only the first stage. At the moment, the Lesbian Resistance Collective of Maré is looking for sponsorship for the second phase of the mapping project in order to cover more favelas throughout the complex. Few financial resources, the lack of technological material and even the difficulty in access to internet, made the project difficult to complete, not mention the COVID-19 pandemic that delayed the end of their research.

“Police violence was another factor that made research difficult. At various times when we were able to mobilize women to answer the questionnaire, police operations were taking place. Militarization only caused damage. For this reason, this research is done from a perspective of demilitarization of the favela and people’s lives. It is necessary to create a territory of care, of life production and not of control,” says Dayana Gusmão. [4]

The International Institute on Race, Equality and Human rights congratulates all involved in the elaboration of the dossier and supports all research that affirms the favela as a place of knowledge production. In this sense, we recommend that the Brazilian State:

1 – Create public policies that contemplate the diversity and intersectionality of lesbian women from slums;

2 – Undertake policies that aim to demilitarize slums, not only during the pandemic, but as a continual local policy;

3 – Implement the IACHR’s recommendations from its report on Violence against LGBTI people (2015) regarding actions to analyze and assess the prevalence of violence against lesbian and bisexual women: adopt specific measures to prevent and investigate this type of violence with a differential approach that considers power relations at the intersection of sex, gender, sexual orientation and gender expression [4]

 

[1] Access the mapping project: https://bit.ly/2TDB5ES

[2] Speeches presented during the launch of mapping project on YouTube at the Maré Museum, which took place on October 17th.

[3] Access the report on Conversion Therapies by the UN IESOGI, Victor Madrigal-Borloz: https://undocs.org/A/HRC/44/53

[4] IACHR. Violence against LGBTI people. 2015, p. 311, par. 69. Available at: http://www.oas.org/en/iachr/reports/pdfs/violencelgbtipersons.pdf

Following the arbitrary detention of Afro-Cuban leader Juan Antonio Madrazo Luna, Race and Equality demands that the Cuban government end its persecution of independent civil society activists

Washington, D.C.; November 13, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the arbitrary detention carried about against Afro-Cuban activist Juan Antonio Madrazo Luna, the national coordinator of the Citizens’ Committee for Racial Integration (CIR). Juan Antonio was deprived of his liberty for over twelve hours, during which time his family and colleagues had no information about his whereabouts. Race and Equality demands that the Cuban government immediately end its persecution of citizens who take part in independent civil society activities.

According to information from fellow CIR activist Marthadela Tamayo, security agents violently detained Juan Antonio around 4:00pm on Thursday, November 12 at his home in Havana. Security personnel also confiscated property from Juan Antonio and his sister Jacqueline Madrazo, including two computers, a camara, a projector and screen, an audio recorder, books, and documents.

Although Juan Antonio was released on Friday morning, his family and colleagues were given no information about his whereabouts for over twelve hours, despite visiting at least six police stations to ask where he was being held. Race and Equality, along with other organizations on and off the island, considers Juan Antonio’s treatment to be a case of forced disappearance.

Juan Antonio’s arrest comes on the heels of CIR’s efforts to publicize their report Denial, Exclusion, and Discrimination, which documents the human rights situation for Afro-Cubans and Cubans of mixed race, and the results of the organization’s investigation into racial discrimination in the Cuban labor market. Both documents have been disseminated at the national and international levels, including bring presented to the Inter-American Commission on Human Rights (IACHR).

A wave of arrests

 CIR also informed Race and Equality that CIR members Esber Rafael and Braulio Hastié were detained in Antilla (Holguin province) on Thursday. The arresting officer, a State Security agent identified as Henry Borrero Peña, confiscated another camera from the two activists. Also on Thursday, the artist and activist Luis Manuel Otero Alcántara and the independent journalist Iliana Hernandez were both arrested and released hours later.

The government constantly wields such tactics of police harassment and short-term detention against Cuba’s independent civil society. Race and Equality demands that Cuban authorities respect the fundamental rights to freedom of expression, freedom of association and assembly, and freedom of movement. The Cuban State is obligated to protect and promote these rights under the treaties and international commitments to which it is party.

The launch of the report “What is the color of the Invisible?” calls on the Brazilian State to produce data and recognize the racial agenda of the LGBTI population

“Race and Equality wants to give a space to voices that denounce the human rights violations of the Black LGBTI population to the Brazilian State.” With these words, Carlos Quesada, Executive Director of the International Institute on Race, Equality and Human Rights (Race and Equality), began the event to launch the report What is the color of the Invisible? The human rights situation of the Afro-LGBTI population in Brazil.  The event allowed Race and Equality to reaffirm its commitment to the Afro-LGBTI population in Brazil. Written by Isaac Porto, LGBTI Program Officer in Brazil for Race and Equality, and coordinated by Zuleika Rivera, LGBTI Program Officer at Race and Equality in Washington D.C., the report calls on the Brazilian State to provide public data on the situation of this specific community in Brazil and to recognize the racial agenda from an intersectional perspective.

 Panel 1: Violence and Access to Justice for the Afro-LGBTI Population

Recalling the importance of Black Awareness Month in Brazil, Carlos Quesada moderated the debate by highlighting the report’s role in making the Afro-LGBTI experience visible, which is often absent from the State’s political agenda. Opening the panel, the author Isaac Porto, shared how the report’s writing trajectory connected with his life story and, like his, many other stories that have also been marked by racism and LGBTIphobia, forms of oppression that simultaneously make these experiences invisible.

Porto indicated that the objective of the report is “to encourage the racialization of discussions about LGBTI lives in the country and, thus, to verify the specific impacts of racism on the lives of this group of people.”

“It should be mentioned that, as of now, the report is not a finalized document because there is no pretense to present arguments and conclusions that form some sort of verdict that declares what the human rights situation experienced by this population is and end any discussions that identify alternative paths to follow. On the contrary: we do not believe that, in the fight for human rights, it is possible to reach a final conclusion. To fight for rights is to always be at a starting point. It is to never to stop moving forward.”

Bruna Benevides, Secretary of Political Articulation of the National Association of Travestis and Transsexuals (ANTRA), emphasized that the merit of the document is that confronts the LGBTI movement and brings to it an intersectional discussion around race and LGBTI people. “That is why the dossier is symbolic and representative, because it demonstrates the importance and urgency of organizing ourselves collectively,” she said, highlighting the importance of building a collective political agenda.

Trans activist Gilmara Cunha denounced the invisibility of this population, especially when it comes to the Afro-LGBTI population living in Brazilian slums. “The report gives visibility to what is invisible in our country and to our leaders, in addition to denying our existence at the national level, it is also denied at a territorial level. We are pleading for existence that is denied to us all the time,” she explains. Washington Dias, Coordinator of the Afro-LGBT Network, states that the violence to which the Black Brazilian LGBTI population is subjected to is linked to historical characteristics of structural racism, and the absence of data is a result of this racism.

Livia Casseres, Coordinator of Racial Equity for Rio de Janeiro’s Public Defender’s Office, stressed the large gap in data production within the country and acknowledged the delay in the normative plan that accounts for the absence of rights that modulate racism. “The report shows how we are advancing in ways of producing citizenship in Brazil alongside LGBTI organizations, which is a form of confronting the coloniality of the legal system,” she claimed, celebrating the launch of the dossier.

Closing the first panel, artist and poet MC Carol Dall Farra presented an artistic intervention, bringing light and visibility to the multiple experiences of Blackness in Brazil.

Panel 2: Social Rights of the Black Population

Zuleika Rivera, the panel’s moderator, highlighted the importance of discussing the discrimination that Afro-LGBTI people face in access to health, education and work, specifically mentioning the difficulties of transgender people. As an example, she cited the Escola Sem Partido [1] project, which proposes to prevent discussions on racism, misogyny and LGBTIphobia in the field of education, advancing a conservative government agenda. Therefore, in her opinion, the report is an important milestone in the fight for LGBTI rights.

Presenting the second part of the document, Isaac Porto draws attention to the myth of racial democracy in Brazil, which has been denounced by the Afro-Brazilian movement for decades. The myth of racial democracy has marked the ideology of whitening, according to which white values ​​are unique and universal, forging the construction of society as a whole. With this, Porto reiterated the urgency to racialize reflections on the human rights of the LGBTI population, emphasizing that the differences between Black and white LGBTI experiences become more astonishing when comparing those of cis and trans people.

“It is clear that Black LGBTI people are the most affected in terms of murders in Brazil, and are the preferred targets of police violence, also facing more difficulties in access to justice, healthcare, education and work. Thus, it is essential to strengthen Brazilian organizations and activists work so that they have the necessary conditions to make the human rights situation of the LGBTI population in Brazil more visible, as well as the ways in which they have resisted the most diverse and perverse violations,” he commented.

Leonardo Peçanha, a Black trans man and activist at the Brazilian Institute of Transmasculinities (Ibrat) and the National Forum of Black Travestis and Transsexuals (FONATRANS), emphasized the issues in access to healthcare for Afro-LGBTI people. He stressed that there are many trans men who are getting pregnant and face gynecological treatments that are reinforced by misogynistic beliefs. Among these beliefs affecting Black trans men, is the myth that Black people have a higher pain tolerance, which is only one of the many consequences of racism.

Janaína Oliveira, Administrative Coordinator of the Afro-LGBT Network, believes that being Black in Brazil means that even the death of the Black population needs to be debated constantly because in Brazil Black people first have to fight for their lives, and then fight for their rights. “Launching this report is not only creating international visibility, but also making the Brazilian population aware of our invisibility. It is a document that brings our lack of access and treatment by the State to our bodies. The report allows us to think about public policies that generate equal conditions of access for the Black Brazilian LGBTI population” she commented.

Alessandra Ramos, President of Instituto Transformar Shelida Ayana, denounced that access to healthcare is not guaranteed on an equal basis to trans people, who are often received with laughter and presented with more barriers when searching for healthcare options. These situations prove that it is necessary to recognize the specific rights of the trans population. “It is important that to know that trans people are the most affected when we talk about the intersectionality of gender and race. These people do not have full enjoyment of their rights, and because of this, the report is a milestone,” she explained.

Concluding the discussion, the UN Independent Expert on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz, celebrated the completion of the report and its role in strengthening the construction of public policies on access to healthcare, work and justice. Madrigal-Borloz believes that “the report presents the different identities within the LGBTI movement and the need to recognize these agendas is through the racialization of discussion. The report connects social identities and the importance of occupying political spaces.” With this, the IE SOGI affirmed his mandate’s commitment to continuing its work from a racial perspective.

In light of the research and debate generated between several LGBTI civil society organizations that participated in the construction of the report, Race and Equality concludes the document presenting recommendations to the Brazilian State, international human rights organizations, civil society and other government agencies, of which we highlight:

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

2 – The establishment of a plan to combat LGBTIphobic violence in Brazil, through intersectoral action that establishes unified guidelines to combat LGBTIphobia and racism.

3 – That the Public Ministry of Labor carry out specific campaigns against discrimination against the Afro-LGBTI population in order to guarantee fair criteria for selection, promotion, wages and working conditions.

4 – That the necessary support be given to civil society organizations that are engaged in the production of data concerning the murder of LGBTI people, with the guarantee that they will not find unnecessary bureaucratic obstacles for their proper functioning, and that their work will be respected by government officials.

Download the report in English: https://bit.ly/3cil69J 

Download the report in Portuguese and Spanish: http://bit.ly/3evTMnm

Did you miss our launch? Watch: http://bit.ly/350lGF5

 

[1] The Movement Escola Sem Partido was created in 2004 by lawyer Miguel Nagib. Generally speaking, the movement demands a supposed “neutrality” for teachers, limiting them from giving their opinions in the classroom and restricting encouragement of political participation.  In May of 2014, Flávio Bolsonaro, the son of Jair Bolsonaro, then a state representative for Rio de Janeiro, asked Nagib to write a bill entitled Escola Sem Partido. Right after that, his brother Carlos Bolsonaro, a councilman for the city of Rio de Janeiro, presented a bill of the same type in the state capital. From there, these bills spread across the country. From 2014 to August of 2019, 121 bills of this type had already been presented in state and municipal legislative chambers in Brazil.  Source: O Globo. Anúncio de suspensão garantiu patrocinador secreto ao movimento Escola Sem Partido. November 8, 2019. Available at: https://oglobo.globo.com/sociedade/educacao/anuncio-de-suspensao-garantiu-patrocinador-secreto-ao-movimento-escola-sem-partido-24068869

Race and Equality denounces the arbitrary detention of Cuban activist Yandier García Labrada and expresses concern for his health in prison

Washington, D.C.; November 6, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) denounces the arbitrary detention of Cuban activist Yandier García Labrada, a member of the Christian Liberation Movement (MCL). Mr. García has been deprived of his liberty since October 6th and is being held at “El Típico” prison in Las Tunas province. In prison, Mr. García’s health has worsened considerably, partly due to a serious physical assault for which he has not received medical attention.

Yandier’s family was officially informed of his detention on October 27th, when his brother Irán Almaguer Labrada went to the Las Tunas provincial police station to request information. The official in charge of the case, who refused to give his name, revealed only that Yandier was being held in “El Típico” under the charges of “contempt” and “public disorder” and that no date had been set for his trial.

On November 3rd, Yandier’s other brother Yoanny Almaguer Labrada was finally allowed to see him and spoke with him for around 20 minutes. Yoanny reported that Yandier could not move his left arm and showed him bruises on his ribs, shoulder, and arms. He also reported that Yandier had not received any medical attention and that prison officials would not allow the family to give him the aerosol spray that he needs to control his frequent asthma attacks.

Until the meeting with Yoanny on November 3rd, Yandier had not been allowed to have either phone calls or in-person visits. The day after the meeting, Irán was detained for five hours in Buenaventura as he traveled from Manatí to San Andrés. The security official who detained Irán gave his name as Alberto and demanded that Irán “stop your opposition” if he wanted Yandier to be freed.

Facts of the case

According to information from Yandier’s brothers and MCL members, Yandier was seized around 3:00pm on Tuesday, October 6 outside of a grocery store in Manatí, where he resides. Yandier was in line to buy groceries and began to complain vocally about the market’s disorganization and poor service, leading other people to join in.

The market’s staff called the police to deal with this impromptu protest. When the police arrived, they arrested Yandier and three others, who were released later that day. Witnesses told the MCL and Yandier’s family that the arrest was “rough,” with four or five officers stuffing Yandier head-first into a police car.

Dr. Eduardo Cardet, national coordinator of the MCL, told Race and Equality that “the unjust and arbitrary incarceration of Yandier García Labrada is part of a systematic campaign of repression against members of the MCL aimed at suppressing our activism on behalf of human rights.” According to Dr. Cardet, threats and acts of harassments against MCL members are common. Race and Equality denounced such attacks in August.

“It is very concerning that Yandier’s family could not contact him or find out his status. The MCL demands the immediate liberation of Yandier García,” added Dr. Cardet.

Race and Equality calls for compliance with the rights of persons deprived of liberty

Race and Equality shares the family’s concern for Yandier’s worsening health and demands that the Cuban State protect his rights to life, personal integrity, health, and well-being, including by providing him access to adequate and timely healthcare. We also call on the government to provide him with the means to communicate with his family regularly. These measures are called for by international human rights instruments protecting the rights of those deprived of liberty, including the Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas, adopted by the Inter-American Commission on Human Rights (IAHCR) in 2008, and the United Nations Standard Minimum Rules for the Treatment of Prisoners, also known as the Nelson Mandela Rules.

Representatives from independent civil society and the IACHR Rapporteur on the Rights of Women call on Cuba to cease repression of female activists

Washington, D.C.; October 27, 2020.- Margarette May Macaulay, Rapporteur on Women’s Rights at the Inter-American Commission on Human Rights (IACHR), joined representatives from Cuba’s independent civil society to demand an end to the persecution and criminalization of female activists in Cuba while committing to continue documenting and denouncing human rights violations.

Commissioner Macaulay and three members of the renowned Damas de Blanco (Ladies in White) served as panelists during the webinar ¡Cubanas Libres Ya! The Situation of Female Political Prisoners in Cuba on Tuesday, October 27th. The webinar was organized by the International Institute on Race, Equality and Human Rights (Race and Equality) as part of the #CubanasLibresYa (Free Cuban Women Now) campaign, which began in March 2020 and has brought to light the realities of violence, persecution, and criminalization facing Cuban women who demand human rights and dignified living conditions for all Cubans.

Context

In his welcoming remarks, Race and Equality’s Executive Director Carlos Quesada stressed that the Cuban state utilizes the country’s Criminal Code to criminalize those who express opinions against the government, a blatant violation of its international obligations to respect and protect human rights. “Specifically, authorities can charge activists with crimes or concepts that are not clearly defined in the Code, such as ‘contempt,’ ‘assault,’ or ‘social dangerousness,’” he pointed out.

Race and Equality’s Director of Programs, Christina Fetterhoff, serving as moderator, stated that between January and September of this year, the Cuban Human Rights Observatory (OCDH) recorded 1,249 arbitrary detentions, including 367 detentions of women. She also shared that there are currently at least 10 women in prison, serving house arrest, or performing ‘corrective labor’ for political motives.

Caitlin Kelly, Race and Equality’s Latin America Legal Program Officer, shared that although precise data is difficult to gather, the marginalization and poverty afflicting Cuban women is undeniable. In response to these injustices, Cuban women have taken great strides in advocacy and activism to demand change. “However,” she went on, “as the IACHR has recognized, freedom of expression is non-existent in Cuba. State Security forces, the police, the Rapid Response Brigades, and other authorities violently break up protests and look for pretexts to imprison the participants.”

Cases

Race and Equality’s documentary video about the situation of female political prisoners made its debut during the event. Afterwards, Berta Soler, leader of the Damas de Blanco, and former political prisoners Yolanda Santana and Xiomara Cruz Miranda shared their personal experiences. Internet connectivity issues made it difficult to sustain a conversation, but phone connections and pre-recorded videos prepared by the women allowed the three to share their testimonies.

Ms. Soler explained that in the last five years, she has been detained over 200 times, sometimes suffering three arbitrary detentions in a single week. “I remember that during one arrest, two police officers used a chokehold on me while one of them gauged my eyes, causing one of my eyes to fill with blood. They kept me in a cell for over 24 hours without water to drink or running water for sanitary purposes, nor did I have anything to eat,” she related. She also shared that she had most recently been arrested on September 8th of this year, during events and protests marking the feast of Our Lady of Charity, a major national holiday.

Yolanda Santana, one of the women profiled by Race and Equality during the #CubanasLibresYa campaign, recounted that since joining the Damas de Blanco, she has received dozens of arbitrary fines from the authorities – the total amount she owes would be impossible to pay. In July 2018, she was detained for failing to pay her fines and put on trial without the right to present a defense. She spent a year in El Guatao women’s prison, where she suffered inhumane and degrading treatment.

Xiomara Cruz Miranda joined the event virtually from Miami, where she has resided since being granted a humanitarian visa early this year. The visa was granted after she fell deathly ill in prison, where she was being held as a political prisoner. She made clear during the event that her illness was produced by mistreatment in prison and the lack of adequate healthcare in Cuban hospitals.

Ms. Cruz has been a political prisoner twice. In April 2016, she was arrested in a Havana park along with three other activists and detained in El Guatao prison for a year and eight months before standing trial. She was eventually granted conditional release but was arrested again in September 2018 and sentenced to another year and four months for supposed “threats” against a neighbor who provoked a confrontation by throwing stones at her house.

An unacceptable situation

IACHR Commissioner and Rapporteur on the Rights of Women Margarette May Macaulay expressed her concern at the persecution and criminalization described by Cuban activists. She remarked that although the number of women in prison is relatively small compared to that of men, the effects of incarceration are extremely harmful for these women, their families, and their communities.

Commissioner Macaulay made clear that the situation is unacceptable and “must end,” listing several regional and international human rights standards on the treatment of persons deprived of liberty that the State of Cuba is violating. Among these are the obligations to act without discrimination and to provide those in detention with hygiene and dignified living conditions.

The Commissioner also emphasized that her office and the entire IACHR will continue to monitor the human rights situation in Cuba, inviting local and international civil society organizations to document human rights violation and report them to the Commission. She expressed her hope that the current government will end its use of arbitrary detentions, respect the right to freedom of expression, and allow free access to information.

Race and Equality also stands firm in our commitment to monitor the situation of political prisoners in Cuba, denounce abuses, and work with local activists to demand that Cuba comply with its international human rights obligations. We invite all those interested to visit the #CubanasLibresYa campaign website (cubanaslibresya.com in Spanish and cubanaslibresyaeng.com in English)

The Cubanas Libres Ya documentary is available for viewing here: https://youtu.be/gTQcFGute4g

Lesbian Rebellions: encounter of lesbian voices from Brazil and Colombia

“Lesbians against war! Lesbians against capitalism! Lesbians against racism! Lesbians against neoliberal terrorism!” It was with these words of liberation that on February 2007, during the 7th Forum of Feminist Lesbians from Latin America and the Caribbean, October 13 was anointed the day of Lesbian Rebellions (1).  During this meeting of anti-patriarchal struggle, with close to 200 feminist lesbian women from various countries, the General Assembly of the Forum decided to collectively honor the 1st Regional Forum of Feminist Lesbians which took place in Mexico, on October 13, 1987.

According to Angelina Marín, lesbian feminist activist of the collective Moiras, October 13 was consecrated as witch day and also represents the day of the arrival of the colonizers to indigenous lands. Marín pronounced this during her speech in Santiago, Chile’s city square, in a meeting with other lesbian feminists to celebrate this day (2). The day rallies feminist lesbian collectives and organizations around the region to celebrate lesbian existence through art and culture as an act of rebellion against the oppressions imposed by a patriarchal system that oppresses the existence of those that defy a cis-heteronormative society.

To honor these women’s bodies who persist and resist the erasure of their identities and their political expressions, the International Institute on Race, Equality and Human Rights (Race and Equality) invited lesbian women from Brazil and Colombia to share their voices, views and experiences on the meaning of this day and the challenges they face in their countries. Know their rebellious stories.

Colombia

 For María Vélez, an activist from Caribe Afirmativo, “this 13th of October is a day to remember and thank our older lesbian sisters for the struggle they began years ago. From naming, to self- recognition, to cohabitation of same-sex couples—these were the first steps so that today we can enjoy the recognition of these rights.”

María draws attention to the fact that lesbian rebellions pose challenges, especially in a country marked by an armed conflict like Colombia. These are adversities that make lesbian women constantly experience situations of intimate private violence, forced displacement, gang rape and forced pregnancy. She emphasizes that because it is a multi-cultural and multi-ethnic country, in all these indigenous and Black identities, structural racism and machismo are embedded.

“Therefore, being indigenous and LGBTI or Afro-LGBTI, we face oppression inside our own communities and a particular type of violence in each territory. When you are a lesbian and Afrodescendant the violence takes a particular form related to the exotic nature of our identity and the sexualization of our bodies as Black women. Society considers that if you are a Black woman then you must be heterosexual, otherwise it does not suit us.”

Sami Arazabaleta, an activist from the NGO Somos Identidad, highlights the importance of lesbian women recognizing themselves as sexual beings that admire their own bodies outside of the heteronormative and machista norms. “Lesbian Rebellions are a necessary call to make lesbians visible, we refuse to continue being invisible from the “homosexual” global norm. We have learned that what is not named does not exist. A Lesbian Rebellion is to be and to love a woman face to face.”

Lesbian Rebellions are also an act of repudiation to the binary, feminist lesbians denounce that the binary way of seeing and being in the world confines lesbians to certain stereotypes. As an act of liberation, Lesbian Rebellions proclaim that their bodies exist for themselves, in a relationship of interdependence and (co)existence with nature. Sami translates her rebellion into poetry: “lesbian love is sublime, it allows women to be loved and recognized without male approval. I am a lesbian because I love myself and I love a woman!”

Brazil

The filmmaker, Naira Évine, activist from the Levante Negro collective, reflects that the affirmation of lesbian existence within the audiovisual industry is already an act of rebellion. “Because we are going against every heterosexual and cis-heteronormative system that makes a point of erasing our existence. It makes a point that our memory is not passed from generation to generation, that our stories are not told, that our perspectives are not commented or filmed. So, when a lesbian filmmaker, and in my case, a Black woman, makes sure that all these demarcations are placed on the agenda and are also spoken about and respected, I think that is being a rebellious woman,” she says.

In 2019, Naira launched the short film “O dia em que resolvi voar” (3) (The day I decided to fly, in English) which portrays lesbian stories. She re-enforces that films made by lesbian women, that talk about lesbian experiences and that have a racialized perspective, or not, of a lesbian woman, and are Latin American, is already a great act of rebellion. The filmmaker recalls that lesbians are diverse and deserve respect, a dignified life, a healthy and well-lived life, within the scope of basic human rights. Therefore, they resist when they insist that their existences be understood and respected.

“I don’t think there is a single way to be a lesbian, a way to demonstrate your sexual orientation. Oftentimes the closet is a place of protection, it is a place of self-defense and being inside the closet does not always mean cowardice. Sometimes it is also very courageous not to talk about it; there are many cases. There is no one way to dream of a more egalitarian society. This society would be conglomeration of the existence of several lesbians, bisexuals, homosexuals and the diverse experiences of different social groups. We are surrounded by lesbian rebels! Glad this day exists! Let us celebrate more and talk more about these brave women!” she says.

Camila Carmo, professor, investigator, writer and activist of the LesbiBahia collective, stresses that when thinking about what lesbian rebellions would look like in a country like Brazil, the construction of a political project that is emancipatory for all women and that defies the heterosexual system is key. As a Black, lesbian woman, she understands that “being a lesbian woman in Brazil is dealing everyday with racism, machismo, sexism and also putting myself in those movements of re(existence) for the construction of other modes of existence.” (4)

Camila also points to the structural issues of racism, poverty and femicide that are present within the cis-heteronormative system and how that is aggravated in territories marked by dictatorships and colonial invasions. “I think that the challenge has to do with removing attacks against indigenous people and the exploitation of people, animals and nature. This reflection goes through us and defines us all, even though I say ‘I’. Because when I say ‘I’, I am also talking about us. I do not believe alliances are possible outside a collective, so our big challenge is to think about how to act collectively, respecting differences and individualities,” she analyses.

Based on the stories of these inspiring rebellious lesbians, Race and Equality supports the defiance that comes from the strengthening of affective bonds between women and nature, between human rights and disobedience as a rupture with colonialism. We re-enforce our commitment to make visible the agenda and voices that represent Latin America, in alliance with activists and civil society organizations, and will denounce violations that affect the peaceful construction of a democratic society.

Race and Equality recommends that States in the region:

  1. Make all the necessary efforts to combat lesbofobia within their society, foster actions that promote and respect sexual diversity, and combat prejudice and discrimination;
  2. Create public policies to combat lesbofobia in the educational sphere and inhibit any initiatives that seek to prohibit debates around race, gender, and sexuality in schools and universities;
  3. Sign and ratify the Interamerican Convention against Racism, Racial Discriminations and other Related Forms of Intolerance and the Interamerican Convention against all forms of Discrimination and Intolerance.

[1]  http://feministautonoma.blogspot.com/2007/10/13-de-octubre-da-de-rebeldas-lesbianas.html

[2]  http://feministautonoma.blogspot.com/2007/10/13-de-octubre-da-de-rebeldas-lesbianas.html

[3] https://www.youtube.com/watch?v=FYjs54EfwxY&t=26s&ab_channel=Naira%C3%89vine

[4] On the concept of (re) existences, Camila makes reference to Professor Ana Lúcia da Silva Souza.

Nicaragua: Attacks and reprisals escalate during September

Washington, D.C., October 6, 2020. Attacks and reprisals against Nicaragua’s former political prisoners, political opposition members, young people, human rights defenders, journalists, and indigenous and Afro-descendant people all increased in severity during September. Three government-backed efforts were also launched that threaten to cut off the ability of civil society to protect and promote human rights.

The first such effort is the call to apply a sentence of life in prison to “hate crimes,” a term defined in the broadest and vaguest sense. Not only would this effort fail to respond to the reality of violence against women and girls, President Daniel Ortega has signaled that he would use this power against opposition figures, who he has called “murderers,” “traitors,” “cowards,” and “torturers.”

The governing Sandinista party has also introduced the Law to Regulate Foreign Agents, which would require citizens and NGOs who receive any resources from foreign governments, agencies, foundations, or other sources to register as “foreign agents.” The proposed law would forbid these “foreign agents” from intervening in domestic politics or financing any other group that does so. They would also be barred from public office and from working for public entities. Those who refuse to register would risk confiscations and even criminal prosecution.

These two initiatives represent a serious threat to the viability of the political opposition, to the work of human rights defenders, and in particular to independent journalism, a field in which several leading outlets rely on international cooperation to survive. They indicate a willingness by the current government to use any tactics, including imprisoning those who dissent, to remain in power.

On September 28th, a proposed Special Law on Cybercrime was introduced, seeking to punish unacceptable social media posts with penalties from 1 to 4 years in prison and criminalizing the use of information technology to obtain data, documents, or information from public institutions or the banking and financial system. This law aims to clamp down on leaks that reveal the abuses of Nicaraguan authorities, which the government routinely discredits and dismisses as “fake news.”

These three efforts will lead to an even more severe deterioration of Nicaraguans’ ability to demand democracy, human rights, and freedom of expression, the press, and information. As was the case with the Anti-Terrorism Law, which introduced new crimes defined in vague terms, these efforts give wide discretion to the authorities, allowing for arbitrary prosecutions that carry severe consequences for their targets.

The right to life

Nicaragua was shaken by the rape and murder of two girls in Lisawe, Mulukuku in the Northern Carribbean Autonomous Region. Shortly thereafter, on September 17th, a 20-year-old pregnant woman was murdered in Ayapal. In August, the number of femicides in 2020 had already risen to 50. President Ortega specifically denounced the Lisawe incident and used it to promote his effort to impose life sentences for “hate crimes.”

Political prisoners

Prison authorities continue to use solitary confinement arbitrarily, giving out indefinite punishments without the legally-required reviews. Student leader Kevin Solis, for example, remains isolated in a maximum-security cell at Jorge Navarro Prison (also known as Prison #300) in Tipitapa, while the political prisoner John Cerna has been held in confinement and subject to torture for shouting “Viva Nicaragua Libre!” in prison.

Reports of torture and other rights violations continue to emerge from Nicaraguan prisons, without any response or investigation by the authorities.

Reprisals against journalists

Police harassment against Radio Darío also persisted in September. On the 12th, multiple police cars parked outside the station to intimidate its staff.

Kalúa Salazar, news chief at Radio La Costeñísima in Bluefields, was found guilty of “calumny” on September 23rd in an unfair trial. The prosecutor requested an exorbitant fine during sentencing.

The television station Channel 12, one of two remaining cable channels that maintains an independent editorial policy, remains under receivership while authorities claim that it owes a 21 million-Córdoba (US$600,000) debt.

Attacks on the women’s movement

On September 25th, police surrounded the offices of the María Elena Cuadra Working and Unemployed Women’s Movement in Managua, preventing its staff from entering for several hours. The organization’s director, Sandra Ramos, stated that she would not be frightened by such tactics and that authorities sought to retaliate against her for challenging the government’s authority in the realm of women workers’ rights.

That same day, police detained two members of the La Corriente Feminist Movement. At least a dozen officers surrounded the woman, demanded personal information, and threatened them when they saw that the women were carrying materials with the Movement’s logo.

Political persecution

Various efforts to organize the political opposition have been met with police and para-police repression. On September 26th and 27th, a wave of violence was unleased against over a hundred opposition members and activists, including the breaking up of meetings, five arbitrary detentions, five raids of opposition members’ homes, and six cases of property seizure.

Reports on social media confirmed repression was felt in Managua, Río San Juan, and Chinandega. Police shut down a meeting of the National Coalition, detained the executive director of the Civil Alliance Juan Sebastian Chamorro and the Rama Kriol Territorial Government leader Jaime McCrea, and rounded up 17 indigenous and Afro-descendant citizens at the Indio Maiz protected territory.

Colombian civil society reveals the vulnerability of indigenous peoples, Afro-descendant communities, campesinas, and social leaders victimized by the armed conflict

Bogotá, October 5, 2020.- At a thematic hearing of the Inter-American Commission on Human Rights (IACHR), Colombian civil society organizations presented reports on the vulnerability of indigenous peoples, Afro-descendant communities, campesinas, and social leaders who were previously victimized by Colombia’s armed conflict to human rights violations. The presenting organizations asked to IACHR to deepen its efforts to support the implementation of the Colombian Peace Accords, especially Chapter 6.2 on ethnic minority groups, known as the “Ethnic Chapter,” and the Collective Reparations Program established by Law 1448 (2011) and Decree 4635 (2011).

The hearing, entitled “Reports of vulnerability among Colombian armed conflict victims: indigenous, Afro-descendant, and campesino communities and social leaders,” was requested by a coalition of organizations, including the International Institute on Race, Equality and Human Rights (Race and Equality). Representatives from the State of Colombia also took part in the hearing.

The Ethnic Chapter at risk

Together with Race and Equality, the Ethnic Commission for Peace and Defense of Territorial Rights presented an analysis on Colombia’s failure to implement the Ethnic Chapter, emphasizing that serious human rights violations have resulted from this failure. “The current government has been sabotaging the implementation of the Peace Accords and preventing the consolidation of peace and territorial rights to which ethnic groups are entitled,” stated Pedro León Cortés, an advisor to the Race and Equality office in Colombia.

Participants pointed out that, according to a recent report by the Kroc Institute (an international organization monitoring the Peace Accords’ implementation), barely 8% of the Ethnic Chapter’s commitments have been implemented, while other guarantees in the Accord, including mechanisms for protecting ancestral territories, have seen backsliding.

The organizations denounced disputes between illegal armed groups for control of land that rightfully belongs to Afro-descendant, indigenous, and campesino communities. These disputes, which the authorities have been unable to check, have resulted in the forced displacement of 30,000 people between November 2019 and June 2020. “Regarding the National Program for Substituting Illicit Crops, there is evidence of a strategy to undermine the voluntary eradication and crop substitution programs,” they added.

For Colombian civil society, these delays and omissions represent a failure to act on the fundamental principal of the Ethnic Chapter: the right to free, prior, and informed consent. However, they applauded efforts to apply an ethnic-sensitive approach in some areas of the peace process, particularly the Truth Commission and the Special Jurisdiction for Peace (the transitional justice mechanism trying conflict-related abuses).

Collective Reparations

Luz Marina Becerra, secretary general of the National Association of Displaced Afro-Colombians (AFRODES) and president of the Coordination of Displaced Afro-Colombian Women’s Resistance (Las Comadres), brought up official data on the implementation of the Collective Reparation Program established by Law 1448 (known as the Victims’ Law) in 2011. She pointed out that as of March 2020, 755 approved recipients of collective reparations were recorded in the official registry, of which 482 were ethnic communities. Despite this predominance of ethnic minorities among conflict victims, however, 78% of ethnic communities who have applied for recognition are still in the initial phases of the process and only 10% have actually begun to have their reparations implemented.

“To date, no applicant from an ethnic community has completed the process of reparations. We consider this lack of implementation to be a grave problem that is compromising the effective enjoyment of conflict victims’ rights,” she said.

Becerra mentioned weaknesses in inter-agency and federal-local cooperation, technical delays in developing reparations plans, long delays, and budgetary shortfalls as institutional barriers to reparations. In the post-conflict period, she stated, 392 cases of forced displacement affecting 130,079 people have taken place. 47% of these victims belong to ethnic communities. Meanwhile, 1,203 attacks against social leaders have taken place.

Crisis in Chocó

The Afro-descendant rights defender Luis Ernesto Olave submitted a report on the humanitarian crisis in Chocó department, reporting that President Iván Duque’s Peace and Legality program “has impeded the search for peaceful coexistence and a negotiated end to the conflict, allowing dissident FARC members to continue illegal activity while the ELN [an armed rebel group] and the Gaitanista Self-Defense Group [a paramilitary group] also remain present.”

Olave stressed that in Chocó’s Afro-descendant and indigenous communities, illegal groups confine people to their homes, forcibly displace them, and recruit young people through forced recruitment or promised rewards. Illicit coca cultivation and trafficking in drugs, weapons, and people are all on the rise, as are murders of social leaders. This year alone, 350 families have been forcibly displaced from the community of Alto Baudó, 66 from Medio Baudó, and 10 from Baja Baudó.

Recommendations

Implementation of the Ethnic Chapter

The organizations recommended that the State of Colombia immediately take steps to ensure the effective implementation of the Ethnic Chapter. These steps include strengthening the High-Level Special Board of Ethnic Peoples (a body made up of community representatives that coordinates with the government) and complying with pending Constitutional Court orders to respond to violence in ethnic territories. They also recommended that the IACHR prioritize efforts to monitor implementation of the Peace Accords.

Collective reparations

Participants recommended that the government develop a comprehensive plan to strengthen the  Collective Reparations Program, expand its capacity, increase the speed of its processes, and counteract existing barriers. They also called for mechanisms to supervise development policies and ensure their compliance with the Reparations Program and with the territorial rights of minority communities. Finally, they recommended developing a special strategy to accompany conflict victims and ensure that they benefit from post-pandemic economic stimulus efforts.

The participants requested that the IACHR dedicate some of its monitoring efforts in Colombia specifically to the monitoring of the right to reparations for conflict victims.

Regarding the situation in Chocó

Participants asked the IACHR to pressure Colombia to increase state presence in Chocó; re-start peace talks with the ELN; develop a humanitarian response incorporating all stakeholders, including armed groups; hasten responses to requests for protection by vulnerable people and groups; and investigate situations of vulnerability to rights violations. They also demanded full compliance with the Chocó ceasefire agreement of 2007 and with the court order of case T622 in 2016, protecting the vital Atrato river from degradation.

IACHR Reaction

The IACHR’s commissioners expressed concern at the slow pace of implementation; the violation of the right to free, prior, and informed consent; rural violence; attacks on social leaders; and the lack of federal-department-local coordination to address these crises.

Commissioner Margarette May Macaulay emphasized the continuity of violence that minority communities have faced during the armed conflict, transitional peace period, and today the COVID-19 pandemic. She also emphasized the need for the State to offer clear and specific information about the impacts of violence on Afro-descendant communities and about the reasons for delays in implementing the peace framework.

Interim Executive Secretary María Claudia Pulido stated that follow-up on peace implementation will be included in the section on Colombia of the IACHR’s 2020 annual report. The week before, she said, the IACHR had sent an official communication informing the State of this intention and requesting information.

The State’s response

On behalf of the State of Colombia, Ambassador to the OAS Alejandro Ordoñez referred to President Duque’s Peace and Legality program rather than respond directly to the issues being raised. When asked by IACHR President Joel Hernández about the issue of recruitment of minors by illegal armed groups, Ambassador Ordoñez declined to answer, stating that the question was outside the topic of the hearing.

Emilio Archila, Adviser on Stabilization and Consolidation, offered information about the Territorial Development Plans, an official instrument to prioritize state projects in areas most affected by violence and poverty. The Plans are currently active in 170 municipalities across the country.

Three more representatives from the Victims’ Unit, the Ministry of the Interior, and the National Protection Unit presented information about several governmental activities, but without explaining them in terms of their contributions to preventing human rights violations.

Join Our Efforts

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

Donate Contact Us