The case of George Floyd: an expression of structural racism

The case of George Floyd: an expression of structural racism

The International Institute on Race, Equality and Human Rights (Race & Equality) expresses our outrage at the killing of George Floyd, recognizing that he was killed by racism and police violence. His death, which thousands of people in the United States and across the world are protesting, is the consequence of structural and institutionalized racism. This racism perpetuates poverty, violence, discrimination and other systematic violations of African Americans’ fundamental rights.

Despite efforts to deny the extent of racism in the US, George Floyd’s death cannot be understood without reference to these patterns of discrimination and violence, particularly the persistence of police violence against African Americans. Race & Equality is united with the individuals and organizations who are responding to the deaths of George Floyd, Breonna Taylor and countless others by proclaiming that Black Lives Matter and exercising their right to protest and freedom of expression to demand change.

We are concerned by the response of the US government to protests across the country, with thousands of protestors being repressed by police forces and the National Guard. The use of military vehicles and weapons to intimidate the population and impede the exercise of their rights in unacceptable. As a result of these tactics, which are encouraged by national leaders including President Donald Trump, people have suffered injuries, permanent harms such as the loss of eyes and even death during the last week of protests.

The case of George Floyd makes clear that the scourges of discrimination and racism, if left unaddressed, will lead to violent ruptures in our social, political, economic and cultural lives, making it impossible for us to build just, equitable and peaceful societies.

Today, we commit to speaking out so that Black Lives can be acknowledged, valued and respected. We demand that states change their policing practices, eliminate racial profiling and dialogue with Black organizations and communities to find solutions to this crisis.

The mistreatment and killings of Black people in the US has been facilitated by onlookers’ silence in the face of injustice and violence. This silence also extends to the institutions of justice, which have consistently failed to try, condemn and sanction those who take and threaten Black lives. We demand that those responsible for the killing of George Floyd be brought to justice and that the cycle of impunity in crimes against African Americans be broken.

Finally, we urge States and international organizations to redouble their efforts in the fight against racism, adopting all necessary measures to eradicate discrimination in all its forms. Only by eliminating racist doctrines and practices can the ideals of peace and justice flourish.

Race and Equality organized a webinar with activists to discuss the role of the IACHR in the crisis generated by COVID-19 with the Special Rapporteur for LGBTI Rights of the IACHR

The International Institute on Race, Equality and Human Rights (Race and Equality) held a webinar with the Special Rapporteur for the Rights of Lesbians, Gays, Bisexuals, Trans and Intersex Persons (LGBTI) of the Inter-American Commission on Human Rights (IACHR), Flavia Piovesan, as well as LGBTI activists and civil society members from Brazil, Peru, Colombia and Nicaragua to discuss the role of the IACHR and the impact of COVID-19 on the lives of LGBTI people in Latin America.

The event entitled, “The role of the IACHR in the crisis generated by COVID-19: Threats to the rights of LGBTI people in Latin America” was held on Thursday, May 21. It began with a statement by Flavia Piovesan, who focused her speech on understanding the impact of the pandemic from a human rights view, its specific threats to LGBTI people and the IACHR strategies to confront them.

According to the Rapporteur, it is necessary to bear in mind three structural challenges in the region that the pandemic aggravated and accentuated: profound inequality, historical discrimination and violence, and dilemmas related to democratic institutions. She explained that the historical statistics on poverty and extreme poverty in Latin America deepened inequality and the lack of guarantees of rights such as health, work, and housing has meant that the effects of the pandemic are differentiated for the most vulnerable populations. “The virus is not discriminatory, but its impact is,” said Commissioner Piovesan, quoting Michelle Bachelet, the United Nations High Commissioner for Human Rights (OHCHR). This situation is accentuated when the State response includes an arbitrary and abusive use of force. The Rapporteur also noted that the IACHR published resolution 1/2020 on April 20, 2020. This resolution created the Rapid and Integrated Response Coordination (SACROI COVID-19, for its acronym in Spanish), which focuses on addressing these three structural challenges “from the perspective of Inter-American standards, endorsing the language of human rights, on the one hand, that of state duties and obligations on the other.” Using a gender perspective, the IACHR invited states to guarantee access to housing, safe havens, and economic recovery for trans people. It also asked States to publish health protocols and make complaint mechanisms available for LGBTI people, as well as launch campaigns against LGBTIphobia. The Rapporteur’s intervention ended by pointing out that in face of the threats to the LGBTI population, the IACHR’s four priorities focus on: protection against discrimination; the social exclusion and historical poverty of LGBTI people; barriers in access to health and the barriers imposed by religious groups and gender based-violence, with a special focus on children. Wilson Castañeda, Director of Caribe Affirmativo, reaffirmed the importance of understanding the structural challenges the Rapporteur pointed out and emphasized that “there is a narrative that is developing which indicates that the most vulnerable people facing the pandemic are dangerous to society and among them are LGBTI people”. According to Castañeda, the state response in Colombia has been insufficient to address the job, food, housing and emotional health insecurity of LGBTI people, especially those most vulnerable, such as transgender sex workers, LGBTI migrants, people with HIV, and people deprived of liberty. Castañeda also noted his concern about the implementation of measures such as the “pico y género,” the high homicide rates and episodes of violence and discrimination against LGBTI people in the midst of the crisis. For this reason, he recommended that the IACHR strengthen its actions to monitor the situation of LGBTI people, especially in those States with measures to restrict mobility; urged governments and humanitarian agencies to have a differential and a human rights perspective in their assistance efforts and to promote follow-up meetings in the region with a broad participation of the most vulnerable populations.

In Nicaragua, the socio-political and economic crisis, ongoing since 2018, has exacerbated the consequences of the pandemic, according to Victoria Obando, a member of Deigeorsex and the Nicaraguan LGBTIQ National Board. “Our representatives are not telling the truth regarding the situation we are experiencing in the country,” says Obando, who points out that the situation is worse for the LGBTI population. For example, she presented the case of Celia Cruz, a trans woman detained in Managua with symptoms of COVID-19. The government does not allow her to have visits and prohibits family members from bringing her medical products. Victoria called on the IACHR and international organizations to put pressure on the State to tell the truth about the statistics of the pandemic in her country.

Maria Ysabel Cedano, a Peruvian lawyer representing DEMUS, focused her intervention on the discrimination and violence lesbian women and non-binary people suffer. Cedano drew attention to the high rates of violence within the home which are increasing in the face of the pandemic. She emphasized that the pandemic has exacerbated barriers in access to justice because cases have been suspended to prioritize other requests such as the release of people deprived of liberty. This has meant that cases such as that of two lesbian women fighting to be recognized as the mothers of their child are put on hold. She also highlighted that “the fear of being punished means there is no social demand,” referring to why lesbian women are left out of public policies and made invisible by a heteronormative society. In addition to this, universal family relief aid, a measure the Peruvian State took to alleviate the economic burden of the pandemic on the most vulnerable, did not have a differential approach to protect LGBTI people, especially the indigenous, Afro descendant or rural LGBTI people who were left without any aid.  Isaac Porto, Race and Equality’s Consultant in Brazil, emphasized the need to pay special attention to the situation in Brazil and recommended that the Brazilian government implement the measures recommended by the World Health Organization (WHO) to contain the pandemic. He also recommended that the State adopt a differential approach[1] to prevent infections and deaths of the Afro-Brazilian population, especially AfroLGBTI people, who are the most impacted and vulnerable. After a round of commentary and questions from different activists from around Latin America, the event was closed with Race and Equality’s commitment to continue working with the IACHR and our partners to better the lives of LGBTI people in the region. Race and Equality joined the call of the IACHR and our partner organizations to build bridges and collective strategies in the region to shed light to these violations against LGBTI people. This is a time of reinvention and transformation and a time to demand better institutional responses to the needs of people with diverse sexual orientations and gender identities. We must also create a post-COVID-19 agenda to ensure Afro-LGBTI and LGBTI people are included in post-COVID responses.

[1] Include programs and public policies that take into account the needs of specific groups such as afro-descendant and indigenous people in combination with other factors that will increase discrimination such as sexual orientation and gender identity. For example, economic programs that include trans workers and training for public officials on LGBTI standards and rights.

No more silence: Reclaiming our voice on the International Day against Homophobia, Transphobia and Biphobia

Washington D.C., May 17. This May 17 marks 30 years since the World Health Organization (WHO) declassified homosexuality as a mental disorder, a global milestone that accelerated progress in the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI). On this date, we commemorate the International Day Against Homophobia, Transphobia and Biphobia, a day to draw attention to the violence and discrimination that LGBTI people still suffer in our societies.

This year the promoted theme is “breaking the silence,” inviting people from the LGBTI community to no longer be afraid to express their sexual orientation or gender identity to their family or to others in their social circles. The commemoration this year is also framed within a global health crisis generated by COVID-19, which has intensified structural discrimination and evidenced the prejudices that persist in our society.

Historically, the LGBTI population has been stigmatized by a heteronormative society that has not allowed their participation in public spaces. The commemoration of this day is vital to bring to light all the acts of discrimination that endure in our societies and to denounce violence against people with diverse sexual orientations and gender identities.

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“To break the silence is to give a voice to those who have had theirs silenced by stigma, discrimination, social exclusion, and the constant violations of rights that remain in impunity because of States’ lack of political will. To break the silence is to shout with evidence a truth that our States, in most cases, do not want to show or do not take into account. Breaking the silence is saying we are, we exist, and we have rights.”

The fight for equality and justice is a daily job for many people.  It is not just about commemorating this day, but rather it is a fight that persists throughout every day of the year.

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Santiago Balvín Gutiérrez, explains to us the importance of being able to raise his voice as a trans person: “Breaking the silence has enabled my body to speak, my insides to speak, and my experiences speak. They do not remain silent because my life, and the lives of my trans sisters and brothers, do not deserve to be silence because they are different. Breaking the silence means to me that every feeling of oppression is also broken and seeks freedom for everyone, the same freedom that I began to feel when I chose to be myself.”

In recent weeks, we have witnessed latent and structural discrimination in the implementation of public policies by States and their institutions in response to COVID-19 that have exacerbated inequalities. The absence of public policies with a gender focus and the lack of training and awareness of public authorities has reproduced patterns of violence and acts of discrimination against LGBTI people. In many cases, the social distancing policies adopted by States did not consider the poverty, marginalization, and violence that people with diverse sexual orientations and gender identity face on a daily basis. By failing to do so, they exposed this group to harm.

The enactment of “pico y género” in different countries caused serious human rights violations, especially for the trans population. Their vulnerability is on the rise, as they face not only abuse of power by law enforcement, but also unemployment and domestic violence. Many have had to post pone name change trials, postponing a necessary step to protecting their gender identity, and others lack access to medical centers to receive hormone treatment or other medical necessities due to the pandemic.

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Today more than ever, it is necessary to take differentiated and specific actions for the LGBTI population, with forceful strategies to stop cases of abuse and systematic human rights violations of all diverse people. Franklin Quiñones, from the Fundación Arcoíris de Tumaco, believes that breaking the silence implies “making visible and / or denouncing any act of discrimination and / or violence against people with diverse sexual orientations such as the LGBTI population,” which can be achieved “by supporting us in the use of all existing legal human rights protection and communication tools.”

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Likewise, Sandra Arizabaleta, from the organization Somos Identidad in Cali in Colombia, explains that: “it is urgent to break the silence so that we use all community and legal mechanisms in order to enable the free development of the lives of LGBTI people. You can (and should) love beyond a role assignment and genitality.”

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

LGBTI people who are also members of other marginalized populations experience a different form of discrimination and rights violations. Examples of this are people of African descent with diverse gender identities and expressions who live with extreme violence, without support from the State, in poverty, and without access to basic health services, education, and employment. “Regions such as the Colombian Pacific, where a greater number of Afro-descendants live, are far from being protected with measures that use an intersectional approach,” adds Sandra of Somos Identidad.

The health crisis caused by COVID-19 has shown that despite advances in human rights for the LGBTI population, there are still great gaps and challenges that can only be overcome with the political action of States to guarantee human rights with a differential focus. “In times of crisis, it becomes clear who are leaders and who are not, and bad leadership will tend to exacerbate difficulties for the most vulnerable populations,” says Carlos Quesada, Executive Director of Race and Equality.

“For thousands of people around the world, breaking the silence often means remaining silent. Shouts occur when small gestures can go unnoticed, simple looks demand light or even a weak voice hesitates to echo in certain spaces. To be heard, sometimes we need to be vigilant because there is no point in breaking the silence if there is no one to listen to us, if there are no spaces with sharp ears to capture sounds, but rather gestures, looks. The power to break the silence is only effective when there is the power to listen. Otherwise, we will spend a lifetime wanting to have ‘meaning’,” explains Mariah Rafaela, Research Coordinator at the Conexão G Group of LGBT Citizenship in Favelas in Brazil.

Race and Equality, along with the LGBTI civil society organizations with which we work, urges Latin American States to:

– Take measures to prevent violence, with a differentiated perspective that considers the historical discrimination suffered by Afro-LGBI and trans people.

– Open a dialogue for monitoring the context of violence based on sexual orientation and gender identity together with civil society.

– Provide trainings to State officials on these issues.

– Include LGBTI people in emergency health planning. LGBTI representatives and voices need to be included, as well as sex workers, in all social protection plans, especially in access to emergency income.

Finally, it is an obligation of States to join us in breaking the silence against discrimination, violence, and indifference through affirmative actions that guarantee the recognition of the rights of LGBTI people.

Yolanda Santana’s Story “A Lady in White released from prison, but not free”

Yolanda Santana has been arrested so many times that she has lost count. She suspects that it has been about 200 times, but the number could be higher. Since joining the Damas de Blanco in 2013, she has been arrested almost every time that she has tried to go to church, when the Damas make their call for freedom and democracy in Cuba.

Sometimes, State Security agents attacked Yolanda and the other Damas on the street, beating them and forcing them into handcuffs to take them away. Other times, security forces would wait until the Damas had boarded public transportation after their protest. They would then stop the bus, round up the women and arrest them, beating and spitting on them as they did so. On multiple occasions, the arresting officers left the women locked in police cars for hours, with the windows rolled up under the blazing summer sun.

The Damas were usually released late at night, but they were sometimes held for more than 24 hours without food and sanitation services and without being allowed to communicate with their families. With every arrest, they were fined 150 pesos for supposedly threatening national security.

“I can’t understand all this about having violated security directives by leaving my house and trying to go to church; I have not committed any crime,” says Yolanda, who is 55 years old.

Trial

It was these accumulated fines that led to Yolanda receiving a citation to appear before the Arroyo Naranjo Tribunal on July 6, 2018. That same day, Yolanda was put on trial and, in an expedited hearing, sentenced to a year in prison for failing to pay 12 fines of 150 pesos. She was also accused of conducting illegal financial transactions and a fraudulent business scheme. The charges were not only incoherent under Cuban law, but involved alleged incidents that Yolanda has no knowledge of. In all, the prosecutor accused Yolanda of 18,000 pesos’ worth of damage.

“They did not assign me a lawyer, and I didn’t hire my own, either. I couldn’t present any evidence or have witnesses because State Security wouldn’t allow it,” says Yolanda. She refused to pay the fines, arguing that because her arrests had been arbitrary and illegal, so were the charges and fines against her.

Life in prison

After being convicted, Yolanda was sent to Western Women’s Prison, known as “El Guatao,” which holds many women ensnared by Cuba’s arbitrary criminal justice system, including multiple political prisoners. Yolanda reports terrible conditions and mistreatment in El Guatao, as do many other women. “There was rotten food that would make you vomit; you couldn’t eat it,” Yolanda remembers. She also reports serious overcrowding, with 28 women crammed into dormitories designed for far fewer. Police and guards often struck the women held there and denied them their rights to visits or phone calls with their families.

Yolanda experienced this abuse firsthand: when she spoke up against the prison’s inhumane conditions, she was banned from using the telephone for three months. She was also harassed and threatened by other inmates, some of whom she believes were working for State Security forces.

“My children, my mother and my grandchildren all suffered greatly during my sentence, but they stayed strong to support me,” says Yolanda.

Each time that she had to say good-bye to her family after they visited her in El Guatao was a trial for Yolanda: “I had to keep my head up and keep the tears back so they wouldn’t see me in a bad state. It’s heartbreaking to be in prison.”

After a year, on July 6, 2019, Yolanda finally finished her sentence and left El Guatao.

Out of prison, but not free

Today, Yolanda shares her home with her son, her daughter-in-law and her 12-year-old grandson. Her daughter and her daughter’s three young children also live nearby. Yolanda was “both mother and father” to her two children as they grew up, and today works to support her grandchildren, who know her as “Mima.”

Not long after leaving prison, Yolanda rejoined the Damas de Blanco. She had joined the group in 2013 after her brother was taken as a political prisoner. After serving her sentence, she felt a duty to rejoin her companions and advocate for the other political prisoners held by the Cuban State.

As Yolanda continues with her activism, the State has continued to pursue her. To this day, she suffers threats and other forms of harassment from the authorities. Her children have also been detained on various occasions. On March 15, 2020, as she was leaving the Damas’ national office, Yolanda was approached by two agents who threatened to send her back to prison, this time for more serious charges carrying a sentence of 4 to 8 years. In less than a year of freedom, Yolanda has already received nine more fines.

But Yolanda’s conviction will not be easy to shake: “If they come after me again because of my activism, I’m ready for them, we’re all ready and my family are prepared. If they thought that they would break me, they were wrong, because what they did was strengthen me.”

Political Prisoner on Hunger Strike: Race and Equality Calls on the Cuban Government to Immediately Free Female Political Prisoners Amid the COVID-19 Crisis

Washington, D.C. April 16, 2020. With the arrival of the coronavirus in Cuba and in conjunction with the #CubanasLibresYa Campaign, the International Institute on Race, Equality and Human Rights (Race and Equality) urges the Cuban Government to release all female political prisoners. As of April 15, 766 cases of infection and 21 deaths due to COVID-19 have been reported in Cuba.[1] The virus is rapidly spreading on the island and the government is putting in place social distancing measures to help protect Cubans.[2] However, persons deprived of liberty in prisons in Cuba are unable to socially distance and face extreme risk. The deplorable conditions these women currently face has caused Martha Sánchez González, a political prisoner in El Guatao Provincial Women’s Prison, to go on hunger strike.

As Race and Equality has documented in our report, Premeditated Convictions: Analysis of the Situation of the Administration of Justice in Cuba, Cuban prisons are notorious for their inhumane conditions, including overcrowding, poor air circulation, and lack of access to fresh air. These conditions have been reported to cause bronchitis and other respiratory infections, creating a perfect environment for COVID-19 to spread and cause severe illness. While Cuban officials recently announced that outside visitors will no longer be permitted in prisons, prisoners are still at risk of contracting the virus from prison guards, who still circulate in the community. In the United States, this has caused widespread infection of inmates in prisons with devastating effects.

Recognizing the extreme risk faced by persons deprived of liberty, the UN High Commissioner for Human Rights Michelle Bachelet has called on governments to take measures to protect inmates, including by reducing the number of people in detention. Similarly, the Inter-American Commission on Human Rights has recognized that prisoners in the region have “a greater risk of the advance of COVID-19” and has urged States to “reduce overcrowding in detention centers as a measure to contain the pandemic.”

The risk to female political prisoners presented by COVID-19 is especially concerning given that Cuba authorities have denied medical attention to political prisoners in the past or provided inadequate care. For example, Xiomara Cruz Miranda, a Lady in White who was convicted of making threats, became gravely ill in prison. She was eventually transferred to a hospital, but her condition worsened as Cuban doctors withheld information about her illness from her family members and were unable to provide an effective treatment. She later left the country in order to seek medical care in the United States. Given this poor precedent in handling the medical needs of political prisoners, it is doubtful that the Cuban government will provide sufficient care to political prisoners who contract COVID-19.

Cuban prison officials have also been refusing to allow prisoners to receive food from their families as a means to stop the spread of COVID-19. However, they have not provided a replacement for this food, which prisoners rely on to survive given that the food provided by the prison is often rotting and lacking nutrition. According to the UN Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules), “every prisoner shall be provided by the prison administration at the usual hours with food of nutritional value adequate for health and strength, of wholesome quality and well prepared and served.” This week, both Martha Sanchez Gonzalez and Aymara Nieto Muñoz were denied food that their family members worked hard to get to them, which is especially difficult because these women are located in detention centers far away from their homes and transportation in the country has been severely limited due to the virus. Aymara Nieto’s family was told that the food was rejected not because of the coronavirus crisis, but because it was paid for by “imperialist money.” Martha Sanchez Gonzalez has announced that she is going on hunger strike in protest of the horrible conditions she is facing.

Given the extreme danger faced by inmates, Race and Equality calls on the Cuban State to release all female political prisoners in its territory, including Melkis Faure Hechavarria, Maite Hernandez Guerra, Aymara Nieto Muñoz, and Martha Sanchez Gonzalez. These women were convicted of crimes they did not commit after peacefully protesting against the Cuban government. They are not criminals, they are not violent, and they should not be behind bars at any time, but especially not during the crisis caused by the COVID-19 pandemic.

Keeping these women in prison is a continuous violation of Cuba’s international human rights obligations, and Cuba must free these women now. Race and Equality asks the international community to continue to monitor the situation in Cuba and urge respect and protection for the human rights of female political prisoners. We invite the public to join our campaign, #CubanasLibresYa to protect the right to life and health of female political prisoners. View the campaign website here.

“In Cuba, we cannot counteract the impacts of coronavirus in the same way as other countries.” Cuban human rights activists describe how the country is impacted.

The global COVID-19 pandemic has not only claimed the lives of 60,000 people, but has also put political, economic and social systems under strain worldwide.[1] In Latin America, as in all regions of the world, the impacts of the pandemic are not distributed equally across society. States must devote particular attention to the lived realities of the most vulnerable populations, as the region’s experience in addressing poverty, unemployment and violence indicates. Cuban human rights activists also emphasize that state efforts to contain the virus must avoid trampling on the rights of already-marginalized groups.

Cuba’s vulnerability to what some observers have called a world-historical humanitarian disaster stems not only from deficiencies in the country’s national health system, but from pre-existing conditions of poverty, unemployment and shortages that have plagued the island for decades.

Although the Cuban State has confronted the virus by shutting off tourist arrivals to Jose Martí International Airport since March 21st and imposing containment measures, a week of response time was lost after authorities declared the country safe for international travel on March 14th, despite the fact that the World Health Organization had declared a pandemic on March 12th and advised states to respond accordingly.[2]

As of April 8th, the number of confirmed COVID-19 cases in Cuba was 457; the independent outlet Diario de Cuba reports that approximately 10% of these cases are among children.[3] Havana is the epicenter of the epidemic, with 108 cases as of April 7th.[4] As the number of cases rises steadily, human rights activists and independent media outlets reveal concerning gaps in Cuba’s capacity to respond.

“In truth, there is so much uncertainty; we don’t have the full picture because the State doesn’t broadcast complete information over the national media, which it controls. There aren’t enough medicines, hospital capacity isn’t enough for this kind of situation and there have already been shortages for weeks, people don’t have enough to eat,” reported one activist.

Cuba has officially put in place quarantine measures similar to those adopted through the region, but the country’s economic situation inhibits these measures’ effectiveness. Another activist contacted by Race and Equality said that “the situation here makes it so that we can’t stay in our houses to avoid the virus. Cubans have to make their living day-to-day.”

“Among the State’s response measures, attention for elderly people in nursing homes, those who live alone and the many people who sleep on the streets has been announced. Authorities emphasize that people shouldn’t be outside. Big groups continue to form because there have been shortages for months and people need to get supplies. Children and the elderly are the only groups receiving targeted attention; the rest of the population is all treated the same under the official response.”

For years, human rights activists have denounced political, social and economic conditions in Cuba that impede the enjoyment of fundamental rights. With the arrival of coronavirus, chronic food shortages are particularly pressing, as they force Cubans to go out to seek food daily, preventing them from observing quarantine.

Meanwhile, the Cuban Observatory of Human Rights has reported an increase in rights violations amidst the pandemic.[5] The Observatory recorded 251 acts of repression by State authorities in March, including 192 arbitrary detentions and 27 “citations,” or orders to report to a police station for interrogation. These statistics mark March as the most difficult month of 2020 for Cuban civil society.

Cuban organizations have also expressed concern about the impacts of quarantine upon women who suffer violence in their homes. According to the feminist activist Lidia Romero, “Abused women have a concerning situation. Official institutions are not discussing the fact that danger can increase at home because you spend more time exposed to your abuser. That is why campaigns such as ‘Yo sí te creo en Cuba’ [‘Cuba, I believe you,’ an effort to empower victims and survivors of gender-based violence] are working on accompanying victims and reporting abuse.

The impacts of both the disease and containment measures fall especially heavily among groups whose rights are not officially recognized or effectively guaranteed. Race and Equality is particularly concerned about the situation of LGBTI Cubans, especially groups who live in extreme precarity such as trans women and trans sex workers. Romero reports that LGBTI activists have coordinated their own support system through social media, already identifying 17 individuals in need of urgent assistance, of whom 10 are trans women.

Informed by our work with grassroots activists across the region, Race and Equality is also concerned about the lack of disaggregated data about the situation of LGBTI Cubans, particularly trans people, in the pandemic. This data gap presents yet another difficulty in meeting their needs.

Race and Equality recommends that the Cuban State integrate intentional human rights protections into its coronavirus response measures. The State’s response should also specifically address the needs of marginalized groups such as women, the elderly and LGBTI people, including the need to avoid re-victimizing those suffering violence. Finally, we urge the government to fulfill its international obligations by ensuring access to healthcare, food and safety for all people.

We also recommend that the Inter-American Commission on Human Rights and the United Nations continue to press the Cuban State to meet its people’s needs and provide assistance without any discrimination. We encourage these organizations to continue their monitoring of human rights to ensure the Cuban people’s well-being.

[1] “Coronavirus: el mapa que muestra el número de infectados y muertos en el mundo por el covid-19,” BBC News 5 Apr 2020. Available at: https://www.bbc.com/mundo/noticias-51705060.

[2] “Cuba se declara “país seguro” para recibir turistas pese al coronavirus,” La Vanguardia 14 March 2020. Available at: https://www.lavanguardia.com/vida/20200314/474142252815/cuba-se-declara-pais-seguro-para-recibir-turistas-pese-al-coronavirus.html.

[3] “Casi un 10% de los contagiados con Covid-19 en Cuba son niños,” Diario de Cuba 7 April 2020. Available at: https://diariodecuba.com/cuba/1586279874_15666.html.

[4] “With 108 cases of COVID-19, Havana is the epicenter of the epidemic in Cuba,” Diario de Cuba 7 Apr 2020. Available at: https://diariodecuba.com/cuba/1586254554_15556.html.

[5] Observatorio Cubano de Derechos Humanos: “Gobierno cubano incrementa violaciones de derechos humanos en medio de pandemia de coronavirus.” Available at: https://observacuba.org/gobierno-cubano-incrementa-violaciones-de-derechos-humanos-en-medio-de-pandemia-de-coronavirus/.

Melkis Faure Hechavarria: A Story of one of Cuba’s Female Political Prisoners

On the day that she was detained, Melkis Faure Hechavarria did not yet know that she was pregnant. On August 6, 2016, she set out to take part in a protest organized by the Patriotic Union of Cuba (UNPACU), marching peacefully down Calle Monte in Old Havana. When police approached the group, she fell to the ground and refused to fight back, inspired by the philosophy of Mahatma Ghandi. Melkis has not returned to her home since that day.

The police took Melkis to the Sanja police station and then to El Vivac prison, where she was held for 46 days without being charged with any crime. According to her husband Freddie Michel, Melkis realized that she was pregnant during this period, but suffered a miscarriage in prison. She was not allowed to see her family while being held at El Vivac, forcing her to suffer alone.

After 46 days, Melkis was transferred to El Guatao prison, where she was finally allowed to visit with Freddie. A few weeks later, Melkis began to suspect that she was pregnant again.

“When we realized that she might be pregnant, we requested for her to be sent to a doctor, but the prison staff just checked her briefly and told her it was a fibroid,”

says Freddie.

The doctor who checked Melkis wrote her a prescription, but the drugs that she was prescribed were contraindicated for pregnant women. Before long, this medical negligence would have tragic results. “Later on, she started bleeding, and it was then that she suffered another miscarriage,” Freddie remembers.

Activism

Melkis, today 42 years old, became an activist in 2013 by joining the renowned Damas de Blanco. As a homemaker and a mother of five, she knew first-hand the struggles of Cuban women facing poverty. Although she had requested assistance from the state to obtain secure housing several times, she never received it. Inspired by this experience, she later joined UNPACU and raised her voice about the injustices perpetrated by the Cuban state.

“She maintains her position as an opositora, [opponent of the government], she has never changed her ideals,”

describes Freddie, who is 36.

When Melkis was transferred to El Guatao, she was finally charged with “disrupting public order,” “contempt” and “resistance.” According to the prosecutor, Melkis had “acted publicly against the revolution, meeting with anti-social and counter-revolutionary persons.” In the eyes of Cuban authorities, Melkis’ exercising her right to protest and carry a sign reading “Down with Raul Castro and the thieving customs authorities” was a crime punishable by prison.

A full year after her initial arrest, Melkis was found guilty by a judge and sentenced to three years in prison for “disrupting public order” and “contempt.” She was brought back to court months later over charges of “illicit economic activity,” “assault” and “contempt” stemming from an incident before her arrest. Having been found guilty again, she was given a combined sentence of 5 years and 4 months, beginning from October 23, 2017. Melkis did not receive a fair trial or have access to her own impartial defense attorney in either of these proceedings.  

Life in Prision

“It’s too much to count, the suffering that goes on here,” Melkis is heard saying in a 2017 audio recording released by UNPACU. Melkis’ situation never improved after her message was recorded. “In El Guatao, there were shortages, she went hungry and she was tortured by the guards,” Freddie says.

In late 2019, Melkis was transferred to Ceiba Work Camp #4 in the province of Artemisa. Although conditions there are better than in El Guatao, Melkis continues to suffer mistreatment and a lack of nutrition. To prevent inmates from demanding humane treatment and respect for their human rights, prison officials threaten them with the loss of privileges such as furlough or with a transfer back to El Guatao.

Melkis´Family

Two of Melkis’ children have left home and now live with Melkis’ mother. Her three youngest children from a previous relationship, aged 10, 12 and 15 years, are now in Freddie’s care. According to Freddie, it is these children who have been the most affected by Melkis’ detention.

“Taking charge of three children has been life-changing for me. I did it out of love, of course, because I love them and I decided to dedicate myself to them because they truly don’t have anyone else,”

says Freddie, who has been obliged to find several jobs to provide for the children.

With the outbreak of COVID-19 in Cuba, the family’s economic situation has grown precarious as travel restrictions and work stoppages impact Freddie’s employment.

Melkis’ sentence is scheduled to end in 2023; the three years remaining are excruciating for her family. “We miss having her at home every day, so that we could all be together as a family, fighting for a better future and for freedom,” concludes Freddie.

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International and National Civil Society Organizations call on the Inter-American Commission on Human Rights (IACHR) to rule on serious violations of the rights of trans women in Peru

Washington, D.C. and Peru. April 1, 2020. The undersigned organizations and individuals turn to the Honorable Inter-American Commission on Human Rights (IACHR) because we are deeply concerned that the National Police and Peruvian Armed forces are violating the rights to integrity, gender identity, and dignity of trans people. This is occurring in the context of the pandemic caused by the coronavirus. 

Recently, we have seen with deep concern that, within the context of this emergency and the pandemic caused by the coronavirus, the National Police and the Peruvian Armed Forces are violating human rights such as the right to integrity, gender identity, and dignity of trans people. We emphasize that according to Article 27 of the American Convention on Human Rights, State parties can restrict certain rights in emergency situations; however, the right to life, personal integrity, or name (identity) cannot be suspended.

Videos[1] of trans women[2] have been circulated through social networks showing them being discriminated against because of their gender identity, being detained along with men, harassed, and forced to shout “I want to be a man,” among other mistreatment and humiliation.

We are deeply concerned that the Public Force in Peru is not complying with the recommendations of the World Health Organization, and thus putting all detainees at risk of contracting the coronavirus. Furthermore, they are violating Inter-American standards on the human rights of LGTBI people.

On February 24, 2018, in the merits report on the Case of Azul Rojas Marín and other, the IACHR recommended that the Peruvian State adopt non-repetition measures and train the Public Force in the prohibition against acts of torture, sexual and other violence adverse to the LGBT population. The IACHR also recommended that the Peruvian State issue a clear message of rejection against these types of actions. Furthermore, Advisory Opinion OC-24/17[3] from the Inter-American Court of Human Rights indicated that State parties, the Peruvian State among them, must refrain from carrying out and promoting discriminatory acts against LGBTI persons.

We urgently call on the IACHR to ask the Peruvian State to uphold its obligation to respect human rights and we stress that in emergency situations in which certain rights are constitutionally restricted, the obligation of States to guarantee the right to life, integrity, and identity of people in the highest state of vulnerability intensifies.

The undersigned organizations and individuals request that the Inter-American Commission on Human Rights publicly denouce these human rights violations.

International Institute on Race, Equality and Human Right (Race and Equality)

Féminas Perú

Lesbianas Independientes Feministas Socialistas (LIFS)

Más Igualdad Perú

Bloque Universitario Feminista

Movimiento de Lesbianas y Bisexuales de Arequipa- LESBIA

En Movimiento

Kachkaniraqmi Colectiva Lesbotransfeminista del Cusco

OutFestPerú

Estudio para la Defensa de los Derechos de la Mujer (DEMUS)

Sociedad Trans FTM Perú

Proyecto Somos Menstruantes

Reforma Trans PUCP

Se Acabo el Silencio- Facultad de Arte y Diseño (SAES PUCP)

Ser Transparentes

Visibilidad Transmasculina

Centro de Desarrollo de la Mujer Negra Peruana (CEDEMUNEP)

Ashanti Perú

Casa Trans Zuleymi

María Ysabel Cedano García, activista lesbiana feminista socialista

Jaqueline Barrios, activista independiente LGBTI

Santiago Balvín, activista independiente por los derechos trans

Marie Payano Ramos, activista independiente LGBTI

Gahela Cari Contreras, mujer trans, activista por los derechos LGBT

Ana María Vidal, abogada litigante defensora de derechos humanos de personas trans

Mariel Távara Arizmendi, activista feminista

Micaela Távara, Artivista y docente feminista, Trenzar

Denisse Chavez, activista feminista

[1] https://twitter.com/CariGahela/status/1242542293933940736

[2] https://twitter.com/CariGahela/status/1244395266070855680

[3]  https://www.corteidh.or.cr/docs/opiniones/seriea_24_esp.pdf

Race and Equality calls on Latin American States for more inclusive measures to be taken for transgender people

Washington D.C., March 31st 2020. Today we commemorate the International Transgender Visibility Day, a day to celebrate transgender lives and raise awareness about the discrimination this population faces. On this day, the International Institute on Race, Equality and Human Rights (Race and Equality), wants to give visibility to the issues transgender people face throughout Latin America.

All over the world, racism and other forms of discrimination marginalize and ostracize the trans population. This makes access to health services, education, work, and housing extremely difficult.  Unfortunately, States limited disaggregated data on the situation of trans people rendering them invisible from groups targeted for public policies designated to support vulnerable situations, especially in Latin America. Combined, these factors place them in vulnerable situations where they are more susceptible to different illnesses, addictions, and violence.

Violence against the trans community in Latin America

The trans community continues to face severe incidents of violence. For example, Brazil remains the leading country in trans homicides around the world with 127 registered cases[1], closely followed by Colombia who ranks third, with 21 recorded crimes against this population[2].  According to data collected by the National Association of Travestis and Transsexuals (ANTRA) in Brazil, there was a 90% increase in the first bimester of this year (38) compared to the same period last year (20).[3] According to these statistics, in some countries, to identify as trans is to sign a death sentence.

In Perú, the trans community continues to face large amounts of violence and discrimination. During the 2020 congressional elections, Gahela Cari, the first transgender candidate to run for Congress in Peru, tried to cast her vote when a member of the National Jury of Elections (JNE) refused to recognize her gender identity. Similarly, members of the polling station in Lambayeque harassed Fiorella Mimbela, an LGBTI+ activist, when her legal name and image were spread around social media networks.[4] These are not isolated acts but part of a wider pattern of rejection and violence the Peruvian trans community faces.

In the Dominican Republic, LGBTI organizations have recorded around 48 transgender homicides since 2006. Out of these 48 only 5 have verdicts, demonstrating the trans community not only faces high levels of violence but also faces barriers in access to justice. A more recent case shows that strangers are not always the perpetrators of these heinous acts. Willianny, a trans woman, had both her hair and breasts cut off by her own family members before her funeral, a repudiation of her identity. One LGBT activist, Yimbert Feliz Telemin, commented that “in the Dominican Republic being trans is worse than being a street dog.”[5]

Continual work must be done in order to combat the discrimination and violence against the trans population. Race and Equality calls on all Latin American and Caribbean States to sign and ratify the Inter-American Convention Against all Forms of Discrimination and Intolerance[6] and, for States that have not done so, legally recognize the gender identity of trans and non-binary people in accordance with the Inter-American Court of Human Rights Advisory Opinion 24-17[7]. Additionally, we remind States that many members of the trans community are sex workers and depend on their profession to survive. We call on States to safeguard their rights and guarantee they will not be the object of cruel, inhumane or degrading treatment.

Gender Identity

Much of the discrimination against the trans population is also created from the lack of recognition of their identity.  As ANTRA describes it, it is not only the denial of their name, but their identity, “an appropriation by a society that frequently prefers to expose rather than welcome.”[8] Oftentimes, countries such as the Dominican Republic do not allow trans people to legally change their name while other countries place hurdles such as high costs, long bureaucratic processes, or as in Peru, require the process to be through the courts. Having the correct documentation is just the first step of many to demarginalize trans people from different public spaces. 

In countries where name recognition is legal, there continue to be issues with the lack of information regarding the process, both in relation to the necessary procedures and what to do in cases of discrimination. In rural areas all these issues are exacerbated. Bruna Benavides from ANTRA in Brazil notes that there is little investment in training or capacity building programs for trans leaders, so that they can provide the necessary assistance for people to complete the rectification of their documents.

Trans people during the pandemic

In collaboration with our partners we also ask for the inclusion of trans people in all public policies created due to COVID-19, not only at the local and state level, but also at a federal level, especially those developed to aid low-income, self-employed, and unemployed people. During this time, the stigma and discrimination against the trans population has become more visible. We call on States to guarantee their access to health and put in place protocols that will ensure they are treated humanely and not discriminated against because of their gender identity.

[1] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[2] https://www.rcnradio.com/colombia/colombia-tercer-pais-en-america-con-mayor-riesgo-para-personas-trans

[3]Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[4] https://larepublica.pe/genero/2020/01/27/elecciones-2020-gahela-cari-y-fiorella-mimbela-denunciaron-discriminacion-y-transfobia-en-lima-y-lambayeque-transgenero-atmp/?fbclid=IwAR19ssnwXobbu2OkKcjMSZGvPqvRDKc2nkP0N93Hky31Wcz-Smb6nBYdB8s

[5] https://plumasatomicas.com/lgbt/familia-mutilo-senos-cabello-mujer-trans/

[6] To date only Uruguay and Mexico have signed and ratified this Convention. Avaiable at: http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-69_discriminacion_intolerancia.asp

[7] https://www.corteidh.or.cr/docs/opiniones/seriea_24_esp.pdf

[8] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019” 2020.

States across the Americas must guarantee the lives and right to health of migrants and refugees in the face of the COVID-19 crisis

The Americas, March 30th, 2020.- Over the past few weeks, we have seen how the measures implemented by governments calling for quarantines, shut downs, deportations, border closures and militarization to address the emergency caused by the spread of COVID-19 are disproportionately affecting migrants and petitioners for international protections.

Multiple concerning situations as well as human rights violations of the migrant and refugee population have been denounced, among them, the situation of Venezuelan migrants stranded after both Colombia and Brazil closed their borders; the detention of at least 80Haitian nationals in Guatemala; the closing of the border between Mexico and the United States to asylum seekers, as well as the rise in deportations of Mexican and Central American people; the lack of sanitary and adequate conditions and the high risk of infection in migration stations, detention centers, and quarantine centers for people who were deported; and the violent repression on behalf of Mexico’s National Guard; the overflow of shelters, among others.

Given these facts, it is likely that migrants and refugees will continue to be affected in the following weeks and months. We, the undersigned organizations, urge the governments of our region to implement the necessary measures to guarantee the rights to life, health, physical, mental, and moral integrity of this population, in equal conditions and without any form of discrimination, including discrimination based on their migratory status or nationality.

As the High Commissioner for Human Rights, Michelle Bachelet has stated: “Under international human rights law, States have an obligation to take steps to prevent foreseeable threats to public health and have a duty to ensure that all who need vital medical care can receive it”. This includes access to prevention measures dictated by the World Health Organization, including access to COVID-19 testing, health services, and the necessary medical attention to treat the disease, to all people including migrants and refugees.

Additionally, States must halt deportations, and guarantee the access of all people to seek and be granted asylum. As the High Commissioner for Refugees (UNHCR) has previously indicated, States have an obligation to guarantee that all people are able to seek and be granted asylum, as well as respecting the principle of non-refoulment. This means that States must abstain from returning individuals to territories where their lives or liberties are at risk, including through the use of rejection or non-admission at the border. The measures implemented in response to COVID-19 cannot prevent those seeking international protection from asking for it. Even in extenuating circumstances like the one we currently face, implementing measures that prevent the admission of refugees or asylum seekers, without protecting them against refoulment, is a violation of their human rights and against international obligations of States.

In that sense, the measures implemented as a response to this crisis cannot be discriminatory, or result in undesirable outcomes that would negatively impact the enjoyment of human rights. On the contrary, these measures must be proportional, strictly necessary, and developed and implemented with a human rights and gender perspective. They must also ensure the participation of civil society organizations. Moreover, these measures cannot justify the systematic detention of migrants, asylum-seekers or refugees.

On this front, we urge States to abstain from detaining migrants and refugees, free people currently in detention, and guarantee their access to housing, food, and medical services in public shelters, ensuring the necessary sanitary conditions and qualified medical staff to avoid contagion. Furthermore, group-specific attention must be provided to those who are most vulnerable to the virus, including the elderly, people with disabilities, women, LGBTIQ+ people and children. These same measures must be implemented in the country of origin of those who would have been deported, while the quarantine is in effect.

Additionally, the current restrictions to mobility and/or constitutional guarantees defined by multiple governments will impact in a particular manner the ability of migrants to access work. In this regard, States in the region must guarantee their access to livelihood, just like they would to the rest of the population.

On the militarization of borders and reports of repression, we remind governments that military forces must abstain from taking on duties related to ensuring civilian safety, health, or serving as migration officials. Using the military in such duties exposes the population to higher risks and to new human rights violations.

Similarly, States must guarantee the access to relevant, timely and clear information that is based off of scientific evidence regarding the pandemic. States must abstain from using discriminatory speeches or measures, which are stigmatizing or xenophobic, and from blocking or criminalizing the work of all who defend the rights of migrants and refugees. Likewise, governments must adopt positive measures to fight discriminatory discourse or actions of third parties regarding the crisis.

Finally, we, the undersigned organizations, emphasize that none of the measures implemented to respond to the COVID-19 emergency can justify human rights violations. We hope that States respond to the health emergency in accordance with their international obligations and we will remain vigilant in monitoring and denouncing the human rights situation of people in situations of human mobility and others in situations of risk.

In a region that has been vastly impacted by inequality, poverty, corruption, and extractivism, we hope that States take this opportunity to build up protection mechanisms, strengthen their social safety nets, and ensure the full access to water and health for every person, and the recognition and the guarantee to the human rights of the entire population without any form of discrimination.

Undersigned organizations:

International:

Coordinadora Regional de Investigaciones Económicas y Sociales (CRIES) Instituto Internacional sobre Raza, Igualdad y Derechos Humanos

Network in Solidarity with the People of Guatemala (NISGUA) Refugees International

Women’s Link Worldwide

Regional:

Alianza Americas

Center for Justice and International Law (CEJIL)

Conferencia de Provinciales Jesuitas de América Latina y el Caribe Fundación para la Justicia y el Estado Democrático de Derecho (FJEDD) Misión Scalabriniana Ecuador

Organización Negra Centroamericana

Oficina en Washington para Asuntos Latinoamericanos (WOLA) Red Jesuita con Migrantes Latinoamérica y el Caribe (RJM-LAC) Red de Coaliciones Sur (RCS)

Synergia – Iniciativas por los Derechos Humanos

Argentina:

Centro de Estudios Legales y Sociales (CELS)

Comisión Argentina para Refugiados y Migrantes – CAREF

Brazil:

Conectas Direitos Humanos Missão Paz

Chile:

Clínica Jurídica de Migrantes y Refugiados de la Universidad Diego Portales Clinica Juridica Universidad Alberto Hurtado

Servicio Jesuita a Migrantes Chile

Colombia:

Centro de Estudios de Derecho, Justicia y Sociedad (Dejusticia) Corporación Caribe Afirmativo

Programa de Asistencia Legal a Población con Necesidad de Protección Internacional y Víctimas del Conflicto Armado – Corporación Opción Legal – Colombia

Clínica Jurídica para Migrantes de la Universidad de los Andes Consultoría para los Derechos Humanos y el Desplazamiento (CODHES)

Costa Rica:

Servicio Jesuita para Migrantes Costa Rica (SJM-CR)

El Salvador:

Universidad Centroamericana José Simeón Cañas (UCA)

United States of America:

Comunidades Organizando El Poder y la Acción Latina (COPAL) Cooperación Migrante

CRECEN

Houston’s America For All

Latin America Working Group (LAWG) Lila LGBTQ Iniciative Inc

Women’s Refugee Commission (WRC) Women Working Together USA

Network in Solidarity with the People of Guatemala (NISGUA) The Chelsea Collaborative

Guatemala:

Asociación Pop N’oj

Instituto de Relaciones Internacionales e Investigación para la Paz (IRIPAZ)

Instituto de investigación y proyección sobre Dinámicas Globales y Territoriales (IDGT)

Honduras:

Equipo de Reflexión, Investigación y Comunicación (ERIC)

Mexico:

Asylum Access México (AAMX) A.C. Colectivo de Mujeres Transnacionales Club Mujeres con Decisión

Derechos Humanos Integrales en Acción, A.C. DHIA Sin Fronteras IAP

Nicaragua:

Servicio Jesuita a Migrantes Nicaragua (SJM-Nicaragua)

Panama:

Fe y Alegría

Paraguay:

Coordinadora por los Derechos de la Infancia y la Adolescencia de Paraguay (CDIA)

Dominican Republic:

Centro para la Observación Migratoria y el Desarrollo Social en el Caribe (OBMICA)

Venezuela:

CIVILIS Derechos Humanos Prepara Familia

Programa Venezolano de Educación Acción en Derechos Humanos (Provea) Servicio Jesuita a Refugiados (JRS Venezuela)

Centros Comunitarios de Aprendizaje (CECODAP) Centro de Justicia y Paz (Cepaz)

Acción Solidaria

Centro de Derechos Humanos de la Universidad Católica Andrés Bello (CDH UCAB)

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