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

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)

March 21: International Day for the Elimination of Racial Discrimination

Message from Carlos Quesada, executive director of Race and Equality

Washington DC, 2020, May 21st. Today we commemorate once again the International Day for the Elimination of Racial Discrimination, a day that we at the International Institute on Race, Equality and Human Rights (Race and Equality), take as an opportunity to remember our universal rights to equality and non-discrimination. This message must be echoed in a context of growing intolerance, hate, and superiority speech that do not contribute to the development and well-being of our society.

We have been commemorating this day since 1966, in memory of the 1960 Sharpeville massacre in South Africa, when police opened fire and killed 69 people who were protesting peacefully against the Apartheid Pass Laws. Since then, racial discrimination has subsided considerably in Africa and also in Latin America.

This year, Mexico ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, thus joining Uruguay, Costa Rica, and Antigua and Barbuda; and also ratified the Inter-American Convention against All Forms of Discrimination and Intolerance, which entered into force with this ratification.

Also in Mexico, the inclusion of the Afro-descendant self-identification question was achieved for the first time in the 2020 Census. However, it was included late in the process, so Afro-Mexican organizations had to start their awareness campaigns just a few months before the census, which is being carried out this month. Currently, the campaign continues with great force led by the Collective to Eliminate Racism in Mexico (COPERA, for its initials in Spanish) along with Race and Equality and in alliance with some government agencies and Afro-Mexican organizations.

In Panama, we are concerned that the census scheduled for May 2020 was postponed until the first quarter of 2021, due to delays with the bidding process. This implied that all progress made on the 2020 Census was suspended, and adjustments to the next steps represent a great challenge. This is because there are several actions that must be carried out such as updating the budget, cartography, and identifying and hiring personnel, among many other duties. However, this period has allowed for the promotion of self-identification among Afro-descendants in both rural and urban communities.

In Colombia, the number of social leaders assassinated in 2019 was alarming: at least 253, of which 91 were Afro-descendant and indigenous leaders, according to the Institute for Development and Peace Studies (INDEPAZ, for its initials in Spanish). Patterns of structural racial discrimination continue to prevent Afro-Colombian and indigenous communities from having effective enjoyment of their economic, social, and cultural rights compared to the rest of the Colombian society. It is a matter of concern that given this situation, the Colombian government has not guaranteed an adequate statistical estimate of the Afro-Colombian population. This is reflected in the 2018 Census, where the black, palenquera and raizal population was reduced by 31% compared to the 2005 Census. The Government is also not offering the conditions needed for the implementation of the Peace Agreement with an ethnic-differential approach.

In Brazil, between January and February 2020, 38 trans women were killed, of whom 75% were Afro-Brazilian. This figure is particularly worrisome because it is 90% higher compared to last year’s figures. In general, most LGBT crimes are committed against Afro-descendants, according to data from the National Association of Travestis and Transsexuals (ANTRA, for its initials in Portuguese).

In Cuba, there is still no implementation plan for the International Decade for People of African Descent. We have managed to document that the majority of the activists who are victims repression by the Cuban Government are Afro-descendants, such as Juan Antonio Madrazo, Marthadela Tamayo or Nancy Alfaya. From the State’s side, there is no opening to recognize the existence of racial discrimination on the island.

From Race and Equality, we will continue to make visible, fight, and denounce the marginalization and injustices that Afro-descendant populations face in the Americas. We will continue to work, especially in the company of our counterparts in the region, who, from their communities, contribute to tehe construction of a more equal society.

Aymara Nieto’s Story: A Female Political Prisoner of the Cuban State

Across Cuba, children love to dance and act in their school plays. But for Aymara Nieto’s two daughters, ages 7 and 12, something is always missing when their school puts on a pageant. Their mother has not been able to watch them perform since 2018, when she was arrested for exercising her right to protest.

“The girls want to have their mother there for their school activities, and that has been taken from them. They have had to be so strong to live with what is happening,” according to Aymara’s mother Griselda Muñoz.

For a while, Aymara’s daughters could visit her once a month in El Guatao prison, where they could hug her, exchange letters and tell her about the milestones that she could not be present for. But in March of this year, Aymara was transferred to the El Manati women’s prison in Las Tunas, over 400 miles from her children in Havana. No explanation was given for this transfer, which will make it almost impossible for Ayamara’s mother and children to visit her.

Arrest and Trial

Aymara, 43, is a member of the Damas de Blanco (Ladies in White), a group made up mostly of wives and relatives of Cuba’s political prisoners. The Damas protest once a week to demand freedom for prisoners of conscience. Aymara, who had previously taken part in other activist efforts, joined the Damas after her husband Ismael Bori Reñi was arrested for his involvement with the Patriotic Union of Cuba (UNPACU) in April 2018.

On May 6, 2018, Aymara intended to take part in a campaign called “We All March,” aimed at pressuring the government to release political prisoners. But the march would not go according to the organizers’ plans.

“Right when she left the house, they detained her. Some female police officers immediately grabbed her and started pulling her hair and hitting her without saying a word. They took her to the prison in Santiago de Las Vegas and held her for several days, probably so that her bruises would subside,” says Griselda.

After holding her for fifteen days, the authorities allowed Aymara to see her family. “They’re up to their tricks; they did this to shut me up,” she told Griselda. Sure enough, in March 2019, Aymara was sentenced to four years in prison for the supposed offenses of “assault” and “causing damages.” At her trial, the prosecutor claimed that Aymara “led an act against the revolutionary process” and that while she was being arrested, she “tore a police officer’s clothing and struck her, causing scratches to her neck.”

State authorities did not permit Aymara to have her own lawyer during the trial, failed to adhere to various deadlines and procedures, held the trial behind closed doors and ignored clear signs of bias on the part of the judge.

Life in Prison

Life in Cuban prisons is complex and delicate, especially for a political prisoner. Aymara’s rights to health, food and dignified treatment are not respected. Shortages of medicine are frequent, meals are scant and unhealthy, her family visits are monitored and mistreatment at the hands of guards is frequent. Any attempt to report these violations is punished, including through the use of solitary confinement.

“My daughter’s rights are being violated while time flies by. It hurts me as well; she is my only daughter,” says Griselda.

Aymara’s husband Ismael also remains behind bars; he is expected to be released in late March. The two were previously arrested for distributing informative materials in 2016 and sentenced to a year in prison on charges of public disorder. They were freed in July 2018, but Ismael was re-arrested repeatedly for the rest of the year and eventually sentenced to two more years for “contempt.” The couple have had their requests for conjugal visits, the only avenue for them to see each other, denied for the past four months.

Today

Griselda, aged 63, has moved into Aymara’s house in order to keep it up and care for her two granddaughters. She is the only source of economic support for herself, her granddaughters, Aymara and Ismael. Aymara’s oldest daughter, who is 24 years old, lives elsewhere.

“It’s a very heavy load. At my age, I’m not as spry, but I keep working so they don’t go hungry,” explains Griselda, who has worked as a cook and a receptionist since Aymara’s sentencing. She and her granddaughters attend church each Sunday, which she says is her source of strength to keep going and to fight for her daughter’s release. “Aymara has always been a fighter, that’s why they’re after her so badly. That’s why they locked her up and why they do what they do to her – they know she is true to her principles, the principles of the Damas de Blanco.”

Race and Equality calls on the States of Latin America and the Caribbean to take LGBTI people into account in times of COVID – 19 crisis

In the face of the of the recent crisis, caused by the COVID-19 pandemic, the International Institute on Race, Equality and Human Rights (Race and Equality) reminds States of the importance of safeguarding the health of the entire population regardless of sexual orientation or gender identity; Public policies that encompass the crisis must be thought of from intersectional approaches that address gender and human rights perspectives.

Race and Equality warns about the differential impact on rights that crises like these can have on historically marginalized and socially vulnerable populations such as LGBTI people. “The social reality of LGBTI people in Latin America and the Caribbean is characterized by precarious access to health services, education, work and comprehensive well-being, realities that must be considered by the States when designing virus containment strategies,” says Zuleika Rivera, LGBTI Program Officer at Race and Equality.

“The state of alert starts precisely because, although these measures affect the entire social group, those who have always lived in a state of vulnerability, tend to be mostly affected. For example, trans women sex workers are very affected by the strategies that are being used so far, especially because in order to eat and pay rent in the place where they live, they must work, which not only puts them at risk, but a whole social group in imminent risk, ” she continues.

The situation in Latin America

LGBTI civil society organizations in Latin America and the Caribbean expressed to us their concern about the containment strategies used by States without taking into account differential and rights-based approaches.

In Peru, for example, they have expressed concern about the impacts of the measures taken so far by the State to prevent the spread of the virus.  These strategies impact LGBT people who mostly live from informal work, as is the case of the trans population. In addition, the self-financing of trans and LGBTI foster homes is in danger.  “If the LGBTI population has to continue working or needs treatment for HIV / AIDS, how are they going to mobilize? Or if someone gets sick who guarantees that they will not be discriminated against because of their sexual orientation or gender identity? ” added Santiago Balvín, an independent trans rights activist.

On the other hand, Peruvian LGBTI organizations have shown concern about the actions of Congress and what that may mean for LGBTI rights in the country, since it is a time when the rights of said population could be limited.

In the Dominican Republic, the trans organization TRANSSA has expressed uncertainty because the State has not declared a national emergency, which puts the lives of many people in the country at risk, including LGBTI people. Likewise, they pointed out that the LGBTI population with informal or independent work will be the most affected if a curfew or a national quarantine is decreed, then highlighting the state of collective panic over the disinformation in the networks about COVID-19. They also have shown concern about access to health for the population with HIV / AIDS.

In Brazil, many of the same worries were expressed by civil society organizations who explain that the State has not taken any serious action to prevent the spread of the virus and has not recommended or imposed any type of quarantine.

Given racial inequality within the country, the Afro-descendant population can suffer more serious impacts in relation to COVID-19, since they live in situations of great precariousness and are the most dependent on the health system. Many of these populations live in favelas, removed from their homes, without access to water or health, or are sex workers. Some communities have been without clean water or basic sanitation for weeks. “Mental health is another serious concern as many struggle with anxiety or depression or have a higher tendency to develop anxiety or depression, and given all the information on social media, it could lead to an increase in episodes of mental health, not to mention the detrimental effects of isolation and confinement ”pointed out, among other things, Bruna Benavides, secretary of the political coordination of the National Association of Transvestites and Transsexuals, ANTRA.

Some local organizations, such as ANTRA, have published recommendations for trans people who work in the informal labor market at the following link: https://antrabrasil.org/cartilhas/

In the case of Colombia, the exponential growth of the confirmed cases of people carrying COVID-19 is worrisome.[1] Although the National Government has enacted measures related to the closure of maritime and ground borders, and has promoted measures for education and work from homes to promote isolation, the lack of social and economic measures that take into account the conditions =of the most marginalized and vulnerable population is still troublesome.

In Cuba, uncertainty regarding the actions that the government may take continues.  To date, no state of emergency or quarantine has been declared. Citizens are concerned that the government is not taking drastic measures to prevent the spread of COVID-19, and that there is no focus on self-responsibility and self-care about preventive measures that citizens can take.

Recommendations to States

Race and Equality and our counterparts call on the States of the region, and in accordance with the curfew measures that have been declared in some areas of the region, request the surveillance and protection of the human rights of those who could be most affected by these events that could affect their lives and personal integrity.

Likewise, we urge states to include LGBTI populations in their national plans to combat COVID-19 taking into account the differential impact of the crisis and to continue informing the population about the progression of the virus, as well as the services available for this population’s particular needs.

We call on States to protect the economic income of the poorest households[2] and those unable to telework; measures that allow the flexibility of payments of bank and financial obligations; policies that guarantee adequate treatment and protection for people over 60 years of age, especially those belonging to the LGBTI[3] sectors, and measures that ensure access to sanitary conditions to prevent the spread of the virus, such as access to public toilets, especially for migrants, sex workers, the homeless, and imprisoned people[4].

Additionally, we call on States not to use the health crisis to implement legislation that limits or presents setbacks in the area of ​​human and LGBTI rights.

We call on the LGBTI population to follow the recommendations of the Ministry of Health and the WHO, remain calm, and apply preventive measures.

[1] As of March 19, 2020, at 12:00 noon, 93 cases of people carrying COVID-19 have been registered, according to figures from the Ministry of Health.

[2] LGBT people often face poverty, social exclusion, and lack of access to housing. LGBT people are often expelled from their families and schools, and in some cases they cannot even get jobs that pay the minimum wage. This situation could push them towards the informal economy or criminal activity.

[3] The lack of family support and social rejection accentuate the conditions of loneliness, isolation, poverty, and lack of access to housing and health services for LGBTI elders.

[4] “Inmates of La Picota protest against measures against the coronavirus (Covid-19)” https://www.wradio.com.co/noticias/bogota/internos-de-la-picota-protestan-por-medidas-contra-el-coronavirus-covid19/20200318/nota/4023683.aspx

On International Women’s Day, Race and Equality Honors the Work of Women Human Rights Defenders

To mark March 8, International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) wishes to highlight the fundamental role played by women human rights defenders in Latin America and the Caribbean. In a region where rates of sexual and gender-based violence against women are extremely high and multiple forms of discrimination are entrenched, women human rights defenders are key in the fight for the defense of women’s human rights. Likewise, they are at the vanguard of promoting and protecting the rights of others.

Although the vast majority of countries in Latin America and the Caribbean have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),[1] women in the region continue to suffer inequalities that negatively impact their full enjoyment of human rights. According to the Economic Commission for Latin America and the Caribbean (ECLAC), more than 3,800 women in 33 countries in the region were murdered because of their gender in 2019.[2] This violence stems from structural inequalities which profoundly affect all women, but especially women members of historically marginalized groups like Afro-descendants and the LGBTI community. For example, according to the Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women, Afro-descendant women are victims of multiple forms of violence, which is often racialized. Likewise, the current discourse on gender ideology in the region, driven by in large part by conservative religious groups, has led to more discrimination against lesbian, bi-sexual, and trans women, as well as more hate crimes and murders. Finally, poverty in Latin America and the Caribbean, as in other regions in the world, has a feminine face, as women are less likely to have access to higher education and work outside of the home than their male counterparts. When women do work outside of the home, they are paid, on average, 17% less than men.[3] All of these factors make the work of women human rights defenders of utmost importance. But, they are also facing some grave challenges.

In Colombia, where the post-Peace Accord reality for human rights defenders is startlingly alarming due to the high rate of murders of defenders and impunity for those murders, women human rights defenders are among the most vulnerable. As the Office of the United Nations High Commissioner for Human Rights recently documented, the number of women human rights defenders killed in Colombia in 2019 increased by 50% over the 2018 number.[4] Afro-descendant and rural women defenders are at generally greater risk, just as they suffer greater vulnerabilities in terms of overall enjoyment of their human rights.

In Cuba, independent women activists are facing an increase in repression and de facto house arrests, as well as reprisals and threats against themselves and their family members. Travel restrictions arbitrarily imposed by the Cuban government routinely prevent independent activists from participating in advocacy activities outside of the island and the application of these against women continues to grow. Furthermore, Cuban women are clamoring for an Integral Law against Gender Violence – a proposal which has been rejected by the National Assembly – and they continue to face difficulties in accessing decent, well-paying jobs.

In Nicaragua, the crisis that began in April 2018 has had a profound impact on women. Women human rights defenders, such as the Mothers of April, have played an important role in the opposition movement, as many have lost their children to the violence of the crisis. There has also been an overall increase in violence against women and femicides, as a result of the crisis. Furthermore, women in Nicaragua also face disproportionate economic consequences due to the crisis, as many have been left as heads of households, with male family members killed, imprisoned, or fired from their jobs because of their political ties.

In Brazil, the situation of violence against women is extremely concerning, especially against Afro-descendant and trans women. Our partners have documented that in the first two months of the year 38 trans women have been killed in the country.[5] This high level of violence makes the work of women human rights defenders – especially those working on behalf of diverse communities of women – all the more difficult and important.

Race and Equality calls on all Latin American and Caribbean States to honor the human rights commitments they have made under CEDAW and other applicable international human rights treaties, to respect and protect the rights of women. We likewise reiterate our support for women human rights defenders, especially those of our partner organizations and in the countries where we work, who so courageously and tirelessly fight to promote and defend the rights of women and others in the region on a daily basis. We thank you and assure you that you are not alone in your work towards a safer, more just, and equitable society for all.

[1] OHCHR. Status of Ratification Interactive Dashboard: CEDAW, https://indicators.ohchr.org/ (last accessed Mar. 4, 2020).

[2] ECLAC. Measuring femicide: challenges and efforts to bolster the process in Latin America and the Caribbean, Nov. 2019, available at: https://oig.cepal.org/sites/default/files/femicide_web.pdf.

[3] UN News. More women in Latin America are working, but gender gap persists, new UN figures show, Oct. 28, 2019, available at: https://news.un.org/en/story/2019/10/1050121.

[4] UN News. Colombia: ‘Staggering number’ of human rights defenders killed in 2019, Jan. 14, 2020, available at: https://news.un.org/en/story/2020/01/1055272.

[5] See www.antrabrasil.org.

Cuban Institute for Radio and Televsion censors same-sex kiss

On February 29, the Cuban TV program Pensando en 3D (Thinking in 3D) showed the film Love, Simon, which tells the story of a gay teenager who falls in love with a classmate. Over the course of the film, Simon learns to accept his sexual orientation and comes out as gay to his friends and family. Despite the film’s core message of acceptance, Pensando en 3D censored the climactic scene in which Simon, played by Nick Robinson, shares a kiss with Bram (Josh Duhamel).

Across social media, the Cuban LGBTI community expressed shock and indignation at this censorship. Activsts called for a public protest in front of the Cuban Institute for Radio and Television (ICRT, in Spanish), located in the Vedado neighborhood of Havana, on Sunday, March 1st. The “kiss-in” protest aimed to reject this stigmatization of LGBTI love, call for an apology from the Institute and demand another showing of the film without censorship.

Yadiel Cepero, an activist from Matanzas province, led the charge for the kiss-in and told Race and Equality that debate about the censorship and the LGBTI community’s demands took place across Cuban social media. As March 1st approached, several activists received threats of harm if they attended the protest. Despite these threats, and knowing that Cuban State Security would seek to break up the protest, LGBTI activists set out to assemble in front of the Institute.

Jancel Moreno, who planned to report on the kiss-in for Cuba’s independent media, was intercepted by two officers on the road to Havana. According to Moreno, “two men calling themselves Lieutenants Alejandro and David told me to come with them. They held me in a building off the road between Matanzas and Bacunayagua bridge for several hours to prevent me from reaching Havana.”

Also on Sunday, the activist and artist Luis Manuel Otero Alcántara, who was also preparing to attend, posted on social media: “I am surrounded by political police trying to prevent me from going to the kiss-in outside ICRT, but I’ll see everyone there!” His partner, the activist Claudia Genlui Hidalgo, was struck by police officers as she tried to prevent them from detaining Luis Manuel.

The same day, the ICRT posted a statement on their website apologizing for the censorship:

“In response to this mistake, a review was conducted with the employees who edited the scene. The omission of the scene did not stem from any homophobic positions on the part of the ICRT or the leadership of Cuban Television, as some have implied on social media.”

TheICRT also decided to re-broadcast the film next Saturday, with the kiss scene included. Energy for the kiss-in dispersed after the apology, but some activists chose to persist, stating that the protest was about more than the particular scene.

As the protest grew closer, LGBTI activist and director of the independent outlet Tremenda Nota Maykel González Vivero received a threat from a social media user calling himself Elpidio Valdés. The message read, “let’s see if you can even make it out of your cheap house.”

González Vivero, another independent journalist, wrote on his Facebook page that the kiss-in had been cancelled due to the ICRT’s apology, but others stated that ICRT leadership should be pushed to disseminate the apology over the airwaves. Around twenty activists eventually assembled in Vedado, where State Security and police officers were already waiting. Local buildings had also been decoated with Cuban flags and posters with Revolutionary imagery.

Cuba’s LGBTI community remains outraged at the censorship, which is merely the latest incident of Cuban TV programming giving offense to LGBTI people and members of racial minorities. We call upon the Cuban state to respect its internatinoal commitments to cease discrimination against LGBTI people among public officials and to educate all Cubans about the human rights of LGBTI persons.

Race and Equality – on the occasion of its fifth anniversary – holds reception acknowledging Mexico’s ratification of the Inter-American Conventions against Racism and against Discrimination

Washington, D.C., February 19, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) recognized the United Mexican States for its ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and the Inter-American Convention Against All Forms of Discrimination and Intolerance, during a reception held this past February 13 at the Art Museum of the Americas (AMA). The event also marked Race and Equality’s fifth anniversary of working for human rights in the Americas and featured the presence of the diplomatic mission of Mexico to the Organization of American States (OAS).

The reception gathered together various ambassadors and representatives of OAS Member States with members of DC-based NGOs. It also featured the participation of Luz Elena Baños, the illustrious Ambassador of Mexico to the OAS, and Esmeralda Arosemena de Troitiño, the President of the Inter-American Commission on Human Rights (IACHR).

In her remarks, Ambassador Baños signaled the importance to the current government of Mexico of working alongside historically vulnerable communities and making use of the tools necessary to guarantee respect, integrity and dignity for all people regardless of their race, gender or sexual orientation, among others. “In this context, through the OAS and, in particular, through the [established] rights of Lesbian, Gay, Bi-sexual, Trans and Intersex (LGBTI) people, we reiterate our commitment to ensuring that all people may exercise their right to a life free from discrimination and violence.”

Ms. Mitzi Bowen and Mr. Carlos Quesada of Race and Equality signaled the importance of ratifying these two conventions to address the discrimination that the Afro-descendant and indigenous population face in Mexico. Similarly, they commended the leadership of the Mexican government in ratifying the Inter-American Convention Against All Forms of Discrimination and Intolerance, as it allows for the Convention to enter into full force in the region, giving voice to many sectors of society that suffer from discrimination and intolerance because of their sex, sexual orientation, political opinions, migration status, birth or stigmatized health condition, etc.

Mexico is currently working towards eradicating any and all forms of discrimination. The ratification of both Conventions is another example of the many actions taken by the leadership in favor of ethnic groups and other vulnerable populations.

Mexico is the fifth country of the region to ratify the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, and the second to ratify the Inter-American Convention Against All Forms of Discrimination and Intolerance.

Race and Equality congratulates the United Mexican States once more and hopes to continue working alongside ethnic and LGBTI partners to contribute to the development of a more inclusive Mexico, free from discrimination.

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