IACHR grants Race and Equality’s request for precautionary measures for Cuban political prisoner Silverio Portal Contreras

IACHR grants Race and Equality’s request for precautionary measures for Cuban political prisoner Silverio Portal Contreras

Washington, D.C.  July 23, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) is pleased that the Inter-American Commission on Human Rights (IACHR) has granted our request for precautionary measures for Silverio Portal Contreras. The request was submitted on June 5, 2020 and was granted this Wednesday. Portal Contreras is in a situation of grave risk and the Cuban government should follow the IACHR’s recommendations to take measures necessary to protect his life and personal integrity.

Silverio Portal Contreras is a Cuban political prisoner who was arrested in July 2018 while participating in a public protest. He is an independent activist who has supported various movements in Cuba, including the Ladies in White and the Opposition Movement for a New Republic. While in prison, his health has suffered significantly. He has suffered from thrombosis and consecutive ischemic attacks and transient ischemic attacks (TIA) that have left him partially paralyzed and with reduced eyesight because he did not receive adequate treatment for the conditions. His eyesight is also affected by a cardiac condition and because he was beaten in prison by prison authorities.

In a resolution in October 2019 denying Portal Contreras medical parole, the Provincial Tribunal of Havana recognized that Portal Contreras suffers from health conditions that put his health and life at risk, such as hypertension, ischemic cardiovascular disease, hyperglycemia and hyperlipidemia, and that he therefore requires “specialized follow-up to maintain his illnesses.” However, the judges decided that his state of health is “compatible with the penitentiary regime.”

Race and Equality filed for precautionary measures on Portal Contreras’ behalf after his wife, Lucinda Gonzalez Gomez, informed us that she had stopped receiving her scheduled telephone calls with Portal Contreras after he reported experiencing another TIA. Gonzalez Gomez also received several calls from other prisoners reporting that Portal Contreras had been severely beaten by prison authorities and placed in an isolation cell. The prisoners also told her that Portal Contreras was losing his eyesight because of the beating and lack of medical attention. At the time the precautionary measure request was submitted at the beginning of June, Gonzalez Gomez had had no communication with her husband for several weeks and feared for his life.

In the resolution granting the precautionary measures, the IACHR recognized the extreme situation of risk Portal Contreras is in, noting the “special severity” of the allegations given that the perpetrators are the same state authorities responsible for his care as a prisoner. The IACHR also noted the damaging and permanent effects the failure of the State to provide Portal Contreras with medical care can have, given his condition. The context faced by human rights defenders in Cuba was also a significant factor, which the IACHR described as being “characterized generally by a climate of hostility, persecution, and harassment, particularly with respect to those who have manifested opposition to the government.”

Although the granting of precautionary measures is an important step in drawing international attention to Portal Contreras’ case, he is still very much at risk. Prison authorities continue to deny Portal Contreras the medical care he needs. On Wednesday, Gonzalez Gomez received a call from her husband informing her that he is not receiving the medication he needs for a heart condition, and as a result is losing sight in both eyes. The prison doctor denies that Portal Contreras has a heart condition.

Race and Equality calls on the Cuban government to implement the recommendations the IACHR made in the resolution granting precautionary measures to Portal Contreras, including conducting an investigation to avoid repetition of similar events. Race and Equality is open for dialogue with the Cuban government to help implement these measures. We also urge the international community to follow Portal Contreras’ case and pressure the Cuban government to provide him with the medical care he needs and to release him from prison.

Read the Resolution (in Spanish) here.

UN Independent Expert on SOGI calls for global ban on “Conversion Therapy”

Washington D.C. July 17, 2020. – On July 14, the Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz, launched his report on practices of so-called “conversion therapy” in an interactive online event in Spanish and Portuguese, following his presentation to the Human Rights Council on July 7-9, where he explained the severity of these practices, and the need for a global ban to protect LGBTI people.

The event included the participation of the UN Resident Coordinator in Honduras, Alice Shackelford, and Andrés Sánchez Thorin, Deputy Representative and Officer-in-Charge of the Regional Office for Central America, Panama, and the Dominican Republic of the Office of the United Nations High Commissioner for Human Rights.

According to the report, “conversion therapy” is used as an umbrella term to describe interventions of a wide-ranging nature, all of which have in common the belief that a person’s sexual orientation or gender identity can and should be changed. Such practices aim (or claim to aim) at changing people from gay, lesbian, or bisexual to heterosexual and from trans or gender diverse to cisgender.

In the report, Madrigal-Borloz provided examples of interventions applied to attempt conversion which include acts of physical, psychological, and sexual abuse; electrocution and forced medication; and isolation and confinement, as well as verbal abuse and humiliation. It also shows that conversion therapy puts LGBTI people through many forms of physical and mental abuse, which constitutes inhumane, cruel, and degrading treatment and can amount to torture depending on the severity of pain and suffering inflicted.  “All practices which attempt forms of conversion are inherently humiliating, degrading, and discriminatory,” he explains.

The report also examines the perpetrators, promoters, and economics surrounding these practices, showing that they are oftentimes a lucrative business for different providers worldwide.  It notes that in some places, such as Ecuador, the average monthly cost for internment in these centers can be estimated to be around $500 per month.

Leading up to this event, Madrigal-Borloz carried out a series of consultations and received inputs from different regions around the world on these practices. This included an expert meeting held at Harvard University, where over 30 experts and activists from various countries came together to discuss this important topic. The meeting, supported by the International Institute on Race, Equality and Human Rights (Race and Equality) and the Human Rights Program at Harvard Law School, opened dialogue on the subject which was vital for the elaboration of the report.

During the event, the IE SOGI highlighted that “there have been norms on what is considered sexual orientation and gender identity, and those who fall outside of those norms, such as LGBTI people, suffer stigma and discrimination.”

UN Deputy Representative Andrés Sánchez confirmed that, “The report reveals that these conversion therapies are carried out in all regions of the world and by a wide range of actors and include the active participation of family members and community members. It also highlights how children are vulnerable to these practices that cause serious and irreversible damage to their well-being.”

He continued by explaining that “the description of the pain and suffering of people who have undergone these so-called conversion therapies should deeply concern the entire population and the States to ensure that there is respect and guarantees of their human rights.”

The event was livestreamed through Facebook and attendees from various countries in Latin America joined. Attendees expressed their questions, concerns, and gratitude, and acknowledged the importance of these findings for their communities and how they are the first steps towards change.

Based on the findings in his report, the Independent Expert calls for a global ban on such practices and issues the following recommendations to States:

  1. Take urgent measures to protect children and young people from practices of “conversion therapy.”
  2. Carry out campaigns to raise awareness among parents, families and communities about the invalidity and ineffectiveness of and the damage caused by practices of “conversion therapy.”
  3. Adopt and facilitate healthcare and other services related to the exploration, free development, and/or affirmation of sexual orientation and/or gender identity.
  4. Foster dialogue with key stakeholders, including medical and health professional organizations, faith-based organizations, educational institutions, and community-based organizations to raise awareness about the human rights violations connected to practices of “conversion therapy.”

Race and Equality continues to support the work of the Mandate of the Independent Expert on SOGI and joins the call for a global ban on practices of “conversion therapy.”

To learn more about the report and watch this presentation, please follow the links below:

Summary: https://www.ohchr.org/Documents/Issues/SexualOrientation/ConversionTherapyReport.pdf

Full Report: https://undocs.org/A/HRC/44/53

On July 10, there was another launch event in English. Watch the English presentation here:

https://www.facebook.com/IESOGI/videos/278885676780658/?v=278885676780658

#EndConversionTherapy

Civil society organizations discuss the challenges for Afro-LGBT victims of the armed conflict with the Colombian Truth Commission

On June 25 and 26, Colombia’s Commission for the Clarification of Truth held a virtual meeting with the leaders of Afro-LGBT organizations in Valle del Cauca, Nariño and the Caribbean region. During the meeting, these leaders discussed their work with representatives from the Commission’s Working Group on Gender and its Office for Ethnic Peoples, drawing on their experiences to express the importance of an intersectional approach in the Commission’s work.

This meeting took place under the auspices of a project being carried out by the International Institute on Race, Equality and Human Rights (Race and Equality) with the support of the Canadian government. The project seeks to highlight the needs of Afro-LGBT victims of Colombia’s armed conflict and bring awareness to the particular impact of the conflict on people with diverse gender identities and expressions. “This type of discussion space is very important for ensuring the participation of Afro-LGBT organizations in the Comprehensive System of Truth, Justice and Reparation, especially now that public participation has been limited by the COVID-19 pandemic,” said Laura Poveda, Race and Equality’s legal consultant for Colombia.

During the two-day dialogue, participants discussed how racism and discrimination based on sexual orientation/gender identity intersected in the course of the conflict. They also discussed the barriers to achieving truth and justice in the cases of Afro-LGBT conflict victims.

Sandra Arizabaleta, the director of the Cali-based organization Somos Identidad, remarked that LGBT people who belong to a racialized group suffer violence that seeks to remove any trace of an Afro and LGBT identity from the conflict zones. She informed the group that dispossession, displacement, sexual violence and forced disappearance were all prevalent among Afro-LGBT victims. These tactics were utilized to uproot victims from their territories and their communities.

Vivian Cuello, an activist with Caribe Afirmativo, reiterated activists’ call for the Truth Commission to analyze the violence suffered by groups that are smaller in number, but whose experiences must be brought to the fore in order to avoid perpetuating such violations. She mentioned the human rights violations suffered by LTB women, trans men and LGBT youth as cases to which the Commission should bring attention in its final report.

Angelo Muñoz and Franklin Quiñonez, both part of the Arco Iris de Tumaco Foundation, pointed out that official facts and figures about these cases will be necessary in order to fight impunity. “These cases must be visible in order to overcome complacency about discrimination and violence against Afro-LGBT people and build trust between victims and official entities,” said Quiñonez.

Alejandra Londoño, a member of the Commission’s Working Group on Gender, emphasized that in order for the Commission to complete its mission of clarifying the causes, course and impacts of the conflict, it must achieve legitimacy among conflict’s victims, whose work has already extensively documented the conflict and its impacts. She expressed the need for the Commission to work together with Afro-LGBT organizations, particularly given the obstacles that COVID-19 presents for collaboration between the state and civil society.

The civil society representatives expressed the same goal, arguing that discrimination in state entities and the historical absence of the state from Colombia’s countryside played a major role in past failures to address violence. They recommended that the Commission incorporate these realities into its work on non-repetition, along with the poverty and exclusion faced by Afro-LGBT people to this day. They also recommended efforts to support LGBT visibility and leadership in Afro-descendant communities.

Black Lives Matter: The Call for Racial Democracy Resounds in Brazil

After the brutal murder of George Floyd by U.S. police, a wave of protests has called for all of society to descend into the streets in order to fight for the eradication of systemic racism. In a world affected by the fragmentation of political and institutional powers and in the midst of disorder worsened by the COVID-19 pandemic, which launched a global healthcare crisis, the veil of racism that sustains privilege and forms of neocolonial capitalist exploitation has been pulled back. In the face of such a scene, antiracist reactions have flared up in various countries. In Brazil, a country that daily relives the trauma of colonial racism, the call for racial democracy resounds throughout the Black population.

It is important for us to emphasize that, due to different contexts of colonialization and to the racial policies adopted in their respective histories, any analysis seeking to compare the reactions of the Brazilian and U.S. populations to the George Floyd case confirms once more strategies of oppression within politics of domination. In this hierarchical global system, the United States functions as a reference point for comparisons between the two countries and depicts yet another expression of symbolic violence.

Yet racism is the common denominator in this structure of oppression. It is the connection which summons the descendants of the Black Diaspora in every corner of the world through the motto “Black Lives Matter.” Capitalism’s failure has put so-called democratic regimes in check since a democracy which maintains itself through a necropolitical system that eliminates Black, indigenous, and other non-white bodies cannot be considered as the power of the people per its etymological meaning. Upon being normalized as a form of social organization in Brazil, racism has a great effect daily in the death and the exclusion of Black people and in their access to human rights.

Consequently, any supposition that the fight to end racism in Brazil gained momentum with the current North American demonstrations is to be ignorant of its history. In the 1930’s, the Frente Negra Brasileira (FNB, Black Brazilian Front) [1] strove for equality throughout society but was eradicated during the Vargas dictatorship. Since the 70’s, the Movimento Negro Unificado (MNU, Unified Black Movement) [2] has been combatting all forms of racial discrimination. These movements do not include the armed revolts and creation of quilombos since the days of slavery. During abolition, partnerships between Black communities confirmed their agency and anti-racist political organization.

With the assassination of City Councilwoman Marielle Franco [3], protests against racism erupted in Brazil. Thousands took to the streets to seek justice for Marielle and for all she represented: Black Brazil’s resistance struggle. Her cowardly assassination unveiled the structural and institutional racism enrooted in Brazilian society, as a political strategy of domination that sheds the blood of thousands of Black families. And yet, in Brazil, it is still necessary to prove that racism exists, murders, and incarcerates the black population on a systemic level.

This year the COVID-19 pandemic ignited the social inequalities which manifest in racist ways. At a time when the global population is called to practice social distancing, in Brazil, staying home to protect oneself from coronavirus is a privilege reserved for a small sector of society that is obviously white. Ironically, the choking of George Floyd acts as a metaphor in times of COVID-19 in which the poor and Black population dies the most because of the virus’ fatal respiratory consequences. In that sense, the memory of captivity is made present once more in Black bodies that, upon stepping into the streets every day to go to work, are turned over to the invisible hands of the disease which hangs in the air.

Seeing as how the country will not shutdown, the racist government policy has intensified in face of the virus through the arbitrary use of police violence. Military police operations, with the authorization of the Rio de Janeiro state government, have continued to take place including the killing of 14-year-old João Pedro in the city of São Gonçalo [4]. Due to the publicity the case has gained in society, the Federal Supreme Court had to ban the continuation of police operations in communities during the social distancing period [5]. Taking into consideration from a racial perspective that the police who engage in favela confrontations are mostly Black and are residents of the community, the weight of racist violence reveals that the Brazilian police kill the most but also die the most [6].

In the midst of all this, the significance of George Floyd’s and João Pedro’s deaths resulted in a wave of solidarity and anti-racist struggle that called on white supremacy to take an anti-racist stance. Thus, antifascist movements have joined the anti-racist struggle through the call of Antifa sports organizations. Protesters took to the streets to condemn the genocide of Black people and to demand full democracy [7]. With acts under the banner of Black Lives Matter occurring throughout the country, the hegemonic media, dominated by the Brazilian elite, has not been able to avoid the topic of racism because protests are happening on a global scale and not just in Brazil [8]. Large television networks invited Black journalists and researchers on for the first time to discuss the magnitude and consequences of racism in the world and in Brazil.

Therefore, the anti-racist movement is strategically intensifying and with the help of a manifesto, published in print newspapers with a large readership as well as electronically, that calls on all of the Brazilian population and its institutions to sign and commit to a democratic program that aims to eradicate current racist practices in Brazilian society [9]. “With Racism There Is No Democracy”, the manifesto released by the Coalizão Negra (Black Coalition), which brings together members of the Black movement from around the country among other civil society organizations.

If the suffocating effects of the pandemic outbreak are able to snuff out violence opening the way for a possible racial revolution, then taking to the streets will not have been in vain. The lives of João Pedro, George Floyd, along with the more than 450,000 Coronavirus deaths globally, should be honored through struggle and resistance so that in the future we can rewrite history exalting Blackness through its powerful figures.

In this vein, Race and Equality supports the antiracist and antifascist demonstrations occurring in Brazil and throughout the world and recommends that the Brazilian state support the Black population in the following ways:

  • Implement a democratic governing proposal that guarantees the eradication of structural and institutional racist practices;
  • Ensure full access to the public health system;
  • Ratify the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance [10];
  • Ratify the Inter-American Convention Against All Forms of Discrimination and Intolerance [11];
  • Create antimilitarist strategies in the fight against crime within communities;
  • Adopt public policies with an intersectional perspective that takes into consideration the special characteristics of the oppression that Black people face.

[1] https://www.geledes.org.br/frente-negra-brasileira-2/

[2] https://www.geledes.org.br/movimento-negro-unificado-miltao/

[3] https://theintercept.com/series/caso-marielle-franco/

[4] https://www.bbc.com/portuguese/geral-52731882

[5]https://radioagencianacional.ebc.com.br/justica/audio/2020-06/stf-proibe-operacoes-policiais-em-favelas-do-rio-durante-pandemia

[6] https://jus.com.br/artigos/74146/policia-brasileira-a-que-mais-mata-e-a-que-mais-morre

[7] e [8] https://brasil.elpais.com/brasil/2020-06-06/vidas-negras-importam-chacoalha-parcela-de-brasileiros-entorpecida-pela-rotina-de-violencia-racista.html

[9] https://comracismonaohademocracia.org.br/

[10] http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-68_racismo.asp

[11] http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-69_discriminacion_intolerancia.asp

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/.

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