Public Announcement: Ongoing Crisis in Nicaragua

Public Announcement: Ongoing Crisis in Nicaragua

Washington, DC, November 23, 2018 – The International Institute of Race, Equality, and Human Rights strongly condemns and rejects the resolution issued today, November 23, 2018, by the Nicaraguan Police regarding the march convened to commemorate the International Day on the Elimination of Violence against Women by the Unidad Nacional Azul y Blanco [White and Blue National Unity] (UNAB), which had been announced was to be held on Sunday, November 25 in the city of Managua in protest over the violation of Nicaraguans’ fundamental rights for the last seven months by the Ortega-Murillo regime.

In the resolution, communicated by the Chief of the Directorate of Public Security of the National Police of Nicaragua, General Commissioner Luis Fernando Barrantes refuses to authorize it, while the National Police, in a clear abuse of power, classifies said initiative as a “vandalistic act” and “terrorist” with “coup aims” that envisages “affecting Nicaraguan families and the tranquility of the country.”  In addition, it states in a threatening tone “. . . that the National Police does not authorize nor will authorize public mobilizations by persons, organizations, or movements that participated in and are being investigated for their actions in the failed attempt at a  . . .”

As an institution that works in favor of the respect, guarantee, and protection of human rights, we repudiate said police communiqué, as it does not acknowledge, decontextualizes, and once again violates the right of Nicaraguans to protest peacefully to denounce the innumerable acts of harassment and repression committed by Nicaraguan authorities since April, in an attempt to foster a false sense of normalcy in the country when acts of harassment and intimidation in all public spaces continue being committed by the police, clearly endangering any possibility for regaining Nicaraguans’ tranquility, for whom this repression has given no respite.

Likewise, we denounce the indifference of the Nicaraguan State, which refuses to accept the existence of the victims of this humanitarian crisis from among the self-convened population, who today comprise more than 500 protestors, students, and activists who have been detained under conditions that endanger their lives, [physical] integrity, and due process, as well as the approximately 325 assassinations that continue to be shrouded in impunity and the acts of intimidation that are daily visited upon women, those who have been tried for the April incidents, journalists, human rights defenders, LGBTQI persons, and the community in general.

Race & Equality also vehemently condemns the acts of intimidation, assault, and harassment committed by the National Police in recent hours in different places in the city of Managua and other departments, which demonstrates that nothing is normal in Nicaragua.  The arbitrary nature with which the police continue to act provokes an environment of fear and insecurity among the populace.  We therefore demand the prompt release of the two Radio Darío collaborators, Omar López and Eduardo Patricio Amaya, who were kidnapped this morning.  Amaya was granted protective measures by the IACHR, MC 693-18.  We hold the State of Nicaragua responsible for any situation that violates [the] lives, [physical] integrity, and human rights of both Radio Darío employees.

We urgently call on the international community to take a stance in response to these acts that gravely violate the fundamental rights of the Nicaraguan people, who continue defenseless due to the dictatorial excesses committed by the current government.  Likewise, we call on the international community to raise its voice against the abuses that are ongoing against Nicaraguans by a regime that continues to be reluctant to uphold its international human rights commitments. 

November 20 – International Day of Transsexual Memory

“I am convinced that the engine of change is love.  The love we were denied
is our impetus to change the world.  All of the blows and slights
I suffered cannot compare with the infinite
love that surrounds me at this time.”
– Lohana Berkins (1965-2016), transvestite activist

On the International Day of Transsexual Memory, the International Institute on Race, Equality, and Human Rights honors the memory of transsexuals who have lost their lives as a result of acts of intolerance, hate, and discrimination due to their gender identity in Latin America and the Caribbean.  November 20 is also a day to celebrate the lives of transsexuals who, despite social exclusion, limits on exercising their rights, and the absence of social policies that address their basic needs, continue their fight to defend their rights and construct networks of social transformation starting from their local milieus.

Discrimination, violence, segregation against transsexuals, and diverse gender-based segregation constitute a structural aspect of society; therefore, throughout history, their rights have been subject to a vicious cycle of violence, degradation, and oppression that has made it harder for them to enjoy the guarantees of a decent and complete life.

Around the world, transsexuals are subject to mockery, blackmail, physical and sexual assault, and assassination due to their diverse identities.  In addition, they are denied the opportunity to decent employment, medical care in keeping with their needs, and to be seen as subjects worthy of respect and recognition in society.  The stigma to which transsexuals are subject leads to the ‘invisibilization’ of their realities and experiences, as well as ignorance regarding the multiple challenges, barriers, and human rights violations they face.  It is thus that in the majority of countries, data on violence against transsexuals and gender-diverse persons are not systematically produced; therefore, it becomes impossible to calculate the exact number of cases.

Race & Equality observes with concern how the countries of Latin America and the Caribbean continue to have the highest rates of homicides of transsexuals due to motives of prejudice and discrimination, as well as the rationale of machismo and fundamentalist ideas that ignore the diversity, freedom, and autonomy of individuals to identify and define themselves.

Notwithstanding these adverse contexts of violence, we see throughout Latin America experiences of solidarity and leadership that transcend the margins of social exclusion and make known the social demands of transsexuals.  Transsexual leaders are the ones who have been able to impact local public policies, build support networks that have evinced the violence they experience, and above all, generate creative responses for social change from spaces of exclusion.

Race & Equality, within the framework of this commemoration, calls on the States in the region to expand spaces for social dialogue with organizations of transsexuals [and] strengthen the mechanisms for investigating the violence of which this population has been the victim, so as to overcome impunity and jointly define with transsexual leaders social policies of transformation that truly impact their most immediate needs.  We are convinced that transsexuals should continue to be remembered for their transformative acts, rather than for the unpunished violence by which they are eliminated.

Nicaraguan human rights defenders will talk in Geneva about the evolution of the crisis in their country

Seven months after the current human rights crisis started in Nicaragua as a result of the government’s repression of peaceful protests, a group of human right defenders will hold a public conversation in Geneva on November 28th with the aim of making visible the consequences and permanence of the crisis. The crisis continues now with the prohibition of civic demonstrations and the prosecution of hundreds of protestants, students and activists who have been arrested for participating in protests and are being subjected to trials in which the guarantees of due process are disregarded.

In the conversation, organized by the International Institute on Race, Equality and Human Rights (Race and Equality), the human rights defenders will describe their own experiences during the crisis and the risks they face in their daily work.

Special emphasis will be placed on the situation of injustice and defenselessness faced by populations that traditionally experience discrimination, such as women, indigenous persons, Afro-descendants and the LGBTI community. These groups have been repressed for defending democracy and demanding justice and respect for human rights.

The human right defenders will also refer to the situation faced by hundreds of political prisoners, who have reported torture and ill treatment in prisons and detention centers. According to the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), of the 602 citizens imprisoned as of November 14th for participating in the protests, 563 are men and 50 women, of which 4 are transgender women.

The image of “normality” that the Nicaraguan government intends to establish both nationally and internationally contrasts diametrically with the vision that human rights defenders will provide that day, which is that in Nicaragua “nothing is normal”, since the violations of human rights committed by the Nicaraguan authorities are systematic and remain unpunished.

Nicaragua will be evaluated by the Universal Periodic Review (UPR) in 2019. This review will offer human rights defenders, civil society organizations, and the international community an important opportunity to peacefully influence the crisis that today overwhelms the Nicaraguan people.

Race and Equality Congratulates Caribe Afirmativo for the Release of its Report, “Enterezas”

Washington, D.C. October 24, 2018. The International Institute on Race, Equality and Human Rights (Race and Equality) congratulates Caribe Afirmativo, a civil society organization in Colombia, for the release of its report, “Enterezas” (“Strengths”). The report is the result of intensive field work to highlight the voices of lesbian, bisexual, and trans women of the Caribbean region of Colombia, the Dominican Republic, and Honduras and proposes strategies to improve the response to violence committed against these women.

The report was presented during a conference in Barranquilla, held from October 22-24, where lesbian, bisexual, and trans women from the eight departments of the Caribbean region of Colombia participated. The women, who represented various local civil society organizations, had the opportunity to share experiences and network. They also heard from various representatives of Colombian and international organizations that work to improve the rights of LGBTI persons, including Race and Equality, PROMSEX from Peru, and Aireana from Paraguay. A representative from the Rapporteurship on the Rights of LGBTI Persons from the Inter-American Commission on Human Rights also participated in the conference, as well as the Mexican activist Amaranta Gomez.

Violence against lesbian and bisexual women is not well understood or documented, and therefore, the violence against these women as well as trans women all too frequently remains in impunity. Caribe Afirmativo’s report is a significant step to help these women access justice and make public all types of violence they suffer.

Race and Equality emphatically denounces violence motivated by prejudice against lesbian, bisexual, and trans women and reiterates our commitment to support them in efforts aimed toward the promotion and recognition of their rights.

More information about the report here:  http://caribeafirmativo.lgbt/2018/10/22/mujeres-lbt-del-caribe-se-reunen-encuentro-regional-enterezas/ 

 

The International Institute on Race, Equality and Human Rights together with Trans Siempre Amigas (TRANSSA), and the Observatory on Human Rights of Trans Persons request the immediate and effective investigation of the trans-femicide of Marisa Félix Sánchez

The International Institute on Race, Equality and Human Rights (Race and Equality), express its concern about the severe acts denounce by the civil society organizations Trans Siempre Amigas (TRANSSA) and the Observatory on Human Rights of Trans Persons ( in Spanish ODHPT) related to the trans-femicide of Maris Félix Sánchez who was known as “Haitianita”.  Marisa (registered as Richard Félix Sanchez), was a trans woman, afro-descendant, Haitian, sex workers of 30 years old.

According to complaints made by local organizations the acts took place on the early morning of October 15, 2018 in the municipality of Verón, Punta Cana where Marisa worked as sexual worker since 2015 at the Barceló Avenue of Verón. The public information available suggest that the body of Marisa was found on the same area. Sex workers, coworkers of the victim, assured that they saw Marisa leave with a client wearing a red t-shirt in a motorcycle, they also saw the same person arriving with her dead body. On images that are circulating through social media, it is possible to see Marisa’s bloody body, with a deep wound on the cranial area, with evident signs of violence. 

Similarly, according to public information available, the local police went to the area and found a condom, which allows arguing that the acts could have been preceded by sexual violence.

Race and Equality, together with TRANSSA and, the Observatory on Human Rights of Trans Persons consider that the killing of Marisa is related to a deep-rooted context of crimes motivated by prejudice; specifically, a trans-femicide motivated to the female gender identity of the victim. Likewise, we notice with concern that this act is part of a severe context of physical and sexual violence, and killings of trans women that have been denounced systematically by local organizations like TRANSSA and the Observatory on Human Rights of Trans Persons.

Race and Equality call the attention to the local authorities to initiate an effective investigation of the acts immediately, taking into consideration the context of physical and sexual violence, that maid leads to the conclusion that it was a trans-femicide. All of these, in spite of the legal limitations on the Dominican frameworks that do not include the crime of trans-femicide, nor the gender identity of trans women as a relevant element of analysis during the criminal procedure. 

Because the aforementioned legal limitations, and to avoid impunity, the International Institute on Race, Equality and Human Rights, call the attention to the local authorities to take into consideration the differential factors that are involved in the case, as the gender identity, race, vulnerability as sexual worker, and the nationality of the victim. We consider it is fundamental to analyze the best application of the articles related with homicide in the Dominican context. Similarly, we call the local authorities to have in mind that the facts could have been related to sexual violence either because of rape or sexual aggression, this is an independent aggression that must be thoroughly investigated.

The International Institute on Race, Equality and Human Rights on a joint statement with TRANSSA and, the Observatorio de Derechos Humanos de Personas Trans, extend a call to the Office of the Attorney General, the General Attorney Jean Alain Rodríguez, the Unit of Integral Attention of Gender Violence, Intrafamily and Sexual Crimes of Verón, Punta Cana, and to its public prosecutor, to investigate the acts, taking into consideration the multiple differential elements of the case. Likewise, we extend a call to the Inter-American Commission of Human Rights and its Rapporteurship of the rights of LGBTI persons, Women, and Afro-descendant persons; and the United Nations offices on the Dominican Republic and the United Nations Development Program (UNDP), to monitor the situation and follow-up the case closely. 

Finally, we request to have all the criminal procedures exhausted to avoid the impunity of the dead of Marisa, because it is necessary that the Dominican government send a clear message of zero tolerance to the violence against trans women as part of the National Plan against Gender Violence, which was launched on November 8, 2017.

We invite you to follow the hashtag of zero tolerance to theviolence against trans women: #NIUNAMENOSRD

Cuban Officials Disrupt Launch of the Campaign “Jailed for What?” in the ECOSOC Chamber of the United Nations

New York. October 16th 2018. Cuban officials disrupted the launch of the campaign “Jailed for What?” organized by the United States Mission to the United Nations and the Bureau of Democracy, Human Rights, and Labor at the United States Department of State. During the event, which took place at the United Nations building in New York, a large group supporting the Cuban regimen constantly interrupted the speakers by banging on tables, stomping their hands and feet, and yelling statements such as “Cuba Sí, bloqueo no” (Cuba Yes, embargo no) and “Fuera de la ONU” (Get out of UN). Although the noise prevents the speakers from being heard properly in the camera, the disrupt did not prevent your message from being heard.

The purpose of the event was to present the human rights situation of political prisoners in Cuba, as well as describe the systematic acts of repression used by the Cuban government to silence the voices of dissidents. Ambassador Kelley E. Currie, U.S. Representative in the Economic and Social Council of the United Nations, gave opening remarks over the shouts of the Cuban officials noting that “Cuba’s political prisoners are a clear and unambiguous sign of the repressive nature of the regime. Their imprisonment represents a blatant affront to the fundamental freedoms enshrined in the Universal Declaration of Human Rights.” The Secretary General of the Organization of American States, Luis Almagro, in spite of the disturbances caused by the Cuban officials, denounced the government’s use of prison sentences for political and unjustified reasons against those who speak out against its policies and politics.

Additionally, he described how Cuba has exported its repressive tactics throughout Latin American, referring to the cases of Nicaragua and Venezuela. These countries have progressively dismantled democracy within their borders, with Cuban support. Secretary General Almagro also described how activists are incarcerated as a means to keep them quiet and prevent the world from knowing about the difficult circumstances that political prisoners face, pointing out that Latin America is saying the price for not timely addressing these situations that put human rights at risk.

Ambassador Michael Kozak from the Bureau of Democracy, Human Rights, and Labor sarcastically thanked the demonstrators for giving an unequivocal showing of Cuba’s respect for freedom of expression and invited the audience to reflect on the worrying situation faced by oppressed Cubans: “You can imagine what it’s like in Cuba – if this is the way the government of Cuba behaves in the chambers of the United Nations, with security present…you can imagine what it would be like to be an individual Cuban citizen trying to speak their mind.”

Against the wishes of the demonstrators, the event was able to continue with the remarks of Carlos Quesada of the International Institute on Race, Equality and Human Rights (Race and Equality), who described how the Cuban governments uses various aspects of its domestic law to criminalize human rights defenders, journalists, and another who expresses opinions against the government. He also expressed that Cuba should respect the right to freedom of opinion and expression and free the 139 political prisoners that are currently suffering in poor conditions and are subject to long hours of forced labor as well punishments that violate fundamental human rights.

Alejandro Gonzalez Raga, a former Cuban political prisoner, described his experience during his time in prison and called for solidarity with current political prisoners. He also indicated the need to urge the Cuban government to allow international human rights organizations to enter the country to monitor the difficult situation. Finally, Miriam Cardet Concepcion, sister of political prisoner Dr. Eduardo Cardet Concepcion, presented remarks via a video. She was unable to speak at the event in person because the Cuban government would not let her leave the island.

Race and Equality firmly rejects the acts of intolerance demonstrated today in the ECOSOC Chamber of the United Nations and strongly condemns the constant violations of the rights to freedom of expression, press, movement, and assembly that Cubans are constantly submitted to, especially activists, journalists, and human rights defenders. Additionally, we demand that the Cuban state free the 139 political prisoners that are victims of multiple offenses against their personal integrity. We insist on the need for Cuba to reform its Penal Code and Criminal Procedure Law to eliminate the criminalization of expression and ensure that the right to due process of all Cubans is respected.

We urge the international community to increase efforts to defend and recognize the rights of all Cubans. We reaffirm our commitment to the defense of the rights of every citizen in Cuba and our will to continue fighting for the freedom of all political prisoners.

Watch the event online here: http://webtv.un.org/meetings-events/watch/jailed-for-what-plight-of-cubas-political-prisoners-meeting-called-by-the-united-states/5849574028001

Nicaraguan journalists and human rights defenders denounce the Nicaraguan government’s use of violence and repression in response to public protests in a hearing before the Inter-American Commission on Human Rights

Boulder, Colorado. October 2, 2018. Journalists and human rights defenders participated in the 169th Period of Sessions of the Inter-American Commission on Human Rights (IACHR) on October 2, 2018, where they denounced the violence and repression carried out by the government of President Daniel Ortega and Vice-President Rosario Murillo in response to the social protests in Nicaragua.

Nicaragua is experiencing a grave human rights crisis that has plagued the country since April 18. Since then, the government of Daniel Ortega has used violence and repression against those who have chosen to exercise their right to peaceful protest. The situation has continued to deteriorate and public protests are now formally criminalized under a police decree issued on September 28. The decree blames public citizens for aggression and harm suffered by the police and others. The decree also prohibits public demonstrations, threatening to prosecute and convict organizers and participants. The decree adds to the climate of terror and will increase the number of political prisoners.

During the public hearing, human rights defenders and journalists described the evolution of the crisis in Nicaragua, which, according to official reports by the IACHR, has gone through distinct stages of repression and varying levels of intensity of violence towards protestors, human rights defenders, the media, and citizens in general. Additionally, grave violations of the right to freedom of expression and freedom of the press were exposed in the report. The press has been subjected to attacks, aggression, and intimidation as well as theft, persecution and censorship.

According to the report presented by Marco Carmona, member of Nicaragua’s Permanent Commission of Human Rights (CPDH, for its initials in Spanish), paramilitary and para-police groups continue to run operations in coordination with the National Police, who are responsible for more than 320 killings in the country. Of these, 5 are children, 27 are young adults, and 13 are women. Mr. Carmona stated that more than 3,000 people have been wounded and 1,500 have been arbitrarily detained, 90% of whom have been subjected to acts of torture such as beatings, electric shocks, removal of nails, and sexual violence, among other acts. “Of the 603 individuals who are still detained, only 203 have been presented before a judge and accused of grave crimes such as terrorism, illegal possession of firearms, and organized crime. These individuals have had their right to due process violated,” stated the Nicaraguan representative.

Mr. Carmona also expressed that the repression against civil society organizations has not stopped. Many activists to leave the country because they receive death threats, including those who have been granted precautionary measures by the IACHR . This reflects the current state of defenselessness of the people of Nicaragua and is a result of the increase in violence committed by those called to “protect the public order.” These state forces are attacking people who carry only blue and white flags or balloons, the colors of the Nicaraguan flag.

Patricia Orozco, a journalist and representative of the independent Nicaraguan radio station Onda Local, stated in her presentation that exercising freedom of expression and freedom of the press, as is the legitimate right of journalists, is now considered a crime by the Ortega government if the messages expressed do not align with its dictatorial politics. She testified that “independent media has not been able to escape the terror policy of the government. Local radio stations are especially vulnerable because they are harassed by the police and paramilitaries for reporting on what is happening.”

In light of the information presented, Commissioner Joel Hernandez, Rapporteur on the Rights of Persons Deprived of Liberty, lamented the absence of the Nicaraguan State at the hearing and their lack of political will to hold a dialogue, as well as the ongoing conflict in the country. He also stated with great concern that the attacks against independent journalists and the media constitutes a fourth stage of the government’s repression.

Commissioner Hernandez also mentioned that the IACHR conducted a recent visit to the country, which the national government did not participate in. During the visit, testimonies from representatives of civil society organizations were collected. These testimonies revealed that political prisoners are facing difficult conditions in prisons and detention centers. Additionally, Commissioner Hernández also stated that the judiciary to better scrutinize charges of terrorism, especially given that the factor in the definition of this crime which relates to “disturbance of the constitutional order” is highly subjective and does not form part of international practices to suppress terrorism.

Executive Secretary of the IACHR Paulo Abrão expressed concern that the Nicaraguan state seems to be doing away with procedural rights and protections guaranteed under the rule of law and instead acting as if it is in a State of Exception, where certain rights are not respected. Secretary Abrão indicated that the way to prevent the State of Exception from becoming the norm is to respect judicial independence. Judges should denounce abuse of power by the police and rule against arbitrary detentions, which is currently not happening.

Sergio León, director of “La Costeñísima” testified that he is a victim of constant threats because of his work and that it is a great risk to be a journalist in Nicaragua, particularly in the areas of the Caribbean where journalist Ángel Gahona was murdered. Two young Afro-descendants were prosecuted and convicted for this crime under an inconsistent judicial process. Responding to this information, Edison Lanza, Special Rapporteur for Freedom of Expression, stated that “the persecution is intensifying. The State is trying to falsify reality and cover up its use of terror by touting a narrative that does not correspond to the national context.”

The Rapporteur for Nicaragua, Commissioner Antonia Urrejola issued an urgent call to the government of Nicaragua to not punish the activists for their participation in the hearing and stressed the need to make sure they are protected.

Representatives of civil society present at the hearing requested that the IACHR continue issuing public communications on the extreme vulnerablity of journalists and human rights defenders in the country. Furthermore, they requested that the IACHR call on the government to put an end to the repression against unarmed citizens and revoke the political decree that legally justifies the criminalization of social protests. They also requested that the IACHR pressure the government to end the harassment, intimidation, physical attacks, and censorship of journalists and members of the national and international press. The activists requested that the Nicaraguan State immediately release all political prisoners and take appropriate measures to protect journalists and human rights defenders from the risks they currently face. Finally, they asked the  IACHR to work with the government in developing a protocol for the effective implementation of these protection measures.

You can see the complete hearing (in Spanish) here: https://www.youtube.com/watch?v=XECN6lLBEUU&t=2063s

Cuban civil society activists denounce the practice of criminalization by the Cuban State during the 169th Period of Public Sessions of the Inter-American Commission on Human Rights

Boulder, Colorado, USA, October 2, 2018. Cuban journalists and human rights defenders participated in the public hearings of the Inter-American Commission on Human Rights (IACHR), held on October 1 during its 169th Period of Sessions. The hearings provided an opportunity for victims of violence, repression, criminalization and harassment, to describe to the IACHR Commissioners the repressive tactics utilized by the Cuban State to silence their voices.

According to information gathered by Cuban civil society, approximately 1,633 cases of arbitrary detention have been registered during the current calendar year, up until August, of which 1,129 cases reported excess use of force against women and 504 cases against men. The government continues to use repressive tactics such as beatings, public denigration, travel restrictions and intimidation.

 

During the hearing, the activists revealed that the Cuban authorities use the Criminal Code and Criminal Procedure Code to sanction the opposition without needing to provide sufficient justification, meaning that, in the majority of cases, detentions are carried out without judicial orders backed by a legal argument. Furthermore, many of the crimes described in the Criminal Code are loosely defined, which allows for open interpretation of its contents to be used to discourage freedom of expression and/or opinion which goes against that of the government.

Although Cuban activists have addressed allegations of excessive force, arbitrary detention and intimation of civil society to many international human rights protection mechanisms on previous occasions, the situation in Cuba continues to be precarious and has worsened. Such is the case of the Ladies in White – a group of women who are heavily criminalized and attacked for their participation in public protests which demand the liberation of an estimated 140 political prisoners, throughout Cuba’s prisons.

Commissioner Joel Hernández, Rapporteur on the Rights of Persons Deprived of Liberty, responded to the information by, first, applauding the courage of the activists, and then stated that the conditions that Cuban political prisoners find themselves in violate the basic human rights of any individual. Currently, five Ladies in White are detained in prison, and may others continue to be threatened to be jailed at any moment – according to Blanca Reyes, representative of the Ladies in White, and one of its founding members.

 

In addition, the director of independent media outlet Diario de Cuba Pablo Díaz denounced the Cuban government’s repression of the media, which, according to him, has increased in recent months due to the process of transition of power from Raúl Castro to Miguel Díaz-Canel and the recent constitutional reforms, as well as from an increase in international attention to the country stemming from this summer’s Summit of the Americas, and the UN’s Universal Periodic Review – the resulting increase in reports and denunciations by independent media sources destabilize the “national order” which the government seeks to maintain. In addition, the representative of the Cuban media outlet conveyed that new patterns of repression against journalists in the island seek to leave no “judicial footprint” as opposed to previous periods of time. This results in illegal judicial processes which silence the opposition, but that do not jeopardize Cuba’s international reputation. “It is a repression that often violates even the basic norms of the government, which are already abusive in their nature,” signaled Díaz. The video below shows journalists showing different examples of violations committed by the authorities against those who practice journalism not aligned with the views of the national government.

 

In her intervention, Commissioner Esmeralda Arosemena lamented the absence of the Cuban State at the hearing as it would have represented an important step in recognizing the rights of journalists and human rights defenders by the government. To this date and in other spaces of dialogue, the Cuban government and its representatives view those individuals who oppose the views of the national government as “mercenaries” of foreign entities that seek to break the socio-political dynamics of the State; as such their actions/declarations, according to the country’s Criminal Code, are against the law. Similarly, the Rapporteur for Cuba, Commissioner Antonia Urrejola, inquired about the possibility of new spaces of dialogue to form ahead of the State’s electoral and constitutional reforms, to which Mr. Díaz responded, “We can’t see the light at the end of the tunnel, because what is happening now is a transfer of power between fingers (of the same hand). As such, our views are no more than a suit fitted to justify their interests.” Finally, the Special Rapporteur for Freedom of Expression, Edison Lanza, expressed his admiration for the work carried out by independent media outlets and journalists in Cuba, despite the State’s blocking of independent media, and he expressed his interest in creating a detailed report on the situation freedom of expression on the island, despite the conditions of the government not allowing this to happen to this date.

Among the recommendations proposed by the group of Cuban civil society activists at the hearing, they recommended that the Inter-American Commission on Human Rights urge the Cuban State to guarantee the freedom of movement to those who try to leave the island, as well as requesting that the government allow its citizens free access to the internet and to remove the ban on independent media. Furthermore, the Rapporteurship on Rights of Persons Deprived of Liberty was asked to issue a public communication on the political prisoners in Cuba, and the Rapporteurship on the Rights of Women was asked to do the same with the situation of the Ladies in White. Finally, the petitioners urged the Commission to adopt the term “criminalization of journalistic work” to denominate acts of repressions by which the State impedes the work of distributing information, and that the Commission develop strategies of advocacy in collaboration with Cuban activists, that promote Cuba’s participation in the Inter-American System.

You can see a video of the complete public hearing here (in Spanish): https://www.youtube.com/watch?v=uNkdElQwPNM&feature=youtu.be 

The Colombian state’s failure to protect the rights of displaced Afro-Colombian communities denounced before the IACHR

Boulder, Colorado. October 3, 2018. The National Association of Displaced Afro-Colombians (AFRODES) and the Institute on Race, Equality and Human Rights (Race and Equality) denounced the ongoing humanitarian crisis of displaced Afro-Colombian communities and the failure of the Colombian State to provide these communities with protection measures and reparations during a public hearing before the Inter-American Commission on Human Rights (IACHR).

Pedro Cortés-Ruiz, Colombia representative of Race and Equality, stated that AFRODES had first come to the IACHR over ten years ago to present the alarming effects that the Colombian armed conflict was having on Afro-Colombian communities, who were being displaced, and predicted that the situation would worsen unless the Colombian State adopted public policies with a specific approach. Ten years later, the situation remains critical. According to Mr. Cortés-Ruiz, over 25% of displaced persons are Afro-descendants.  This is roughly two million people, the largest group of victims of the Colombian armed conflict. Currently, the majority of these individuals live in marginalized sectors of larger cities and are subject to violence, despite the ongoing implementation of the Peace Accord.

During the hearing, Martha Jordan of AFRODES Cali described the grave violations of human rights being committed against children and youth in Afro-Colombian communities. Children and youth in these communities often experience criminal violence associated with drug micro-trafficking, and face problems such as drug addiction, prostitution, family violence and forced recruitment. “These human rights violations against displaced Afro-Colombian children and youth are evidence that the Colombian State has not done enough to guarantee reparation and non-repetition for our communities. The conditions needed for our culture’s survival continue to be destroyed. Our children and youth should be the generation of hope, but instead they are being destroyed physically and culturally,” said the AFRODES representative.

Luz Marina Becerra, AFRODES Secretary and Coordinator of the Coordination of Afro-Colombian Displaced Women in Resistance (COMADRE), reminded the IACHR that the Colombian Constitutional Court has already recognized the disproportionate impact that the armed conflict had had on Afro-Colombian women in Judgment 092/2008, which orders the State to implement specific programs of protection and reparation.  However, Ms. Becerra revealed that these orders have not been followed by the State. Furthermore, the Collective Reparations Plan for COMADRE has not been properly implemented. The failure of the Colombian government to comply has contributed to the increase in vulnerability of Afro-Colombian women who are victims of displacement.

In this sense, Vice-President of AFRODES Erlendy Cuero Bravo explained the continued risk suffered by Afro-Colombian human rights defenders of displaced communities. She highlighted that hundreds of assassinations of social leaders are committed during the implementation of the Peace Accord. Patterns of violence can be identified, such as assassinations being preceded by threats, as happened in the case of AFRODES Prosecutor Bernardo Cuero. AFRODES’ Vice-President emphasized the failure of the State to implement collective protection measures for organizations like AFRODES, places human rights defenders at greater risk and prevents them from carrying out their work in their communities.

In order to address the human rights violations of displaced Afro-Colombian communities living in larger cities, AFRODES recommends that the Colombian government to diligently implement the orders of the Colombian Constitutional Court issued over ten years ago, specifically, the programs and plans directed in Judgments 005/2009 and 092/2008. Likewise, they stressed the need to implement a specific program for Afro-Colombian children and youth and to guarantee the implementation of the Collective Reparations Plan for COMADRE.

The representatives of the Colombian State did not directly respond to the concerns raised during the hearing by AFRODES and Race and Equality, and only presented statistics on advances in programs associated with Afro-Colombian communities. However, these programs do not directly target displaced Afro-Colombian communities who live in marginalized sectors of larger cities. In addition, the State did not provide an update on the status of the implementation of Judgments 05/2009 and 092/2008 and were vague about the coordination efforts with AFRODES and COMADRE.

The IACHR Commissioners who presided over the hearing highlighted the seriousness and complexity of the causes and impacts of forced displacement of Afro-Colombian communities. They also emphasized that the Colombian government must prioritize attention to these communities through all institutional mechanisms. As such, they requested more detailed and complete information from the State on these mechanisms.

Race and Equality positively values the hearing as well as the fact that the IACHR was able to hear again from Afro-Colombian communities who are obscured within the larger context of human rights violations in Colombia. However, the responses by the Colombian State on the lack of priority for the implementation of the judgments issued over ten years ago remains worrisome. Race and Equality will continue to support AFRODES in the follow-up of these recommendations and the agreements derived from the public hearing.

Vice-President of Costa Rica and Vice-Chairpersons of the UN CERD Committee highlight the need for states to develop Action Plans during the Decade for People of African Descent

“We cannot discuss the Sustainable Development Goals (SDGs) without taking into account historically-marginalized populations”

 

Coinciding with the 73rd General Assembly of the United Nations held in the city of New York, NY; the Permanent Mission of Costa Rica and the International Institute on Race, Equality and Human Rights (Race and Equality) organized a panel entitled “The United Nations Decade for People of African Descent: Recognition, Justice, and Development: The Need for Action Plans to Combat the Historical Inequalities Faced by Afro-descendants.” Epsy Campbell Bar, Vice President and Minister of Foreign Affairs of Costa Rica, and the Vice-Chairpersons of the Committee on the Elimination of Racial Discrimination (CERD), Gay McDougall and Pastor Murillo, participated in the panel. The purpose of the event was to explore strategies for the development of concrete action plans to combat historical inequalities faced by Afro-descendant groups in Latin America and the Caribbean. The panelists shared their expertise on international standards to combat racism, racial discrimination, xenophobia, and related forms of intolerance and discussed the possibilities of developing better practices to be considered by the Member States in implementing internal action plans.

The panel highlighted the importance of promoting concrete action plans that will result in increased programs to respond to the social and economic needs of the Afro-descendant population around the world. This is especially true given that it has been five years since the Decade for People of African Descent began and there are still many challenges to overcome, affirmative actions to develop, and plans to put into motion. In this regard, Carlos Quesada, Executive Director of Race and Equality and the panel moderator, stated “We do not want a second Decade for Afro-descendants to pass by without concrete plans. We deserve more than just declarations of intent – we need solutions.”

Following the introductory remarks, CERD Vice Chairperson Gay McDougall highlighted the structural obstacles that have impeded Afro-descendants from developing their full potential and urged states to review their laws and synchronize them with the objectives of the Decade. She emphasized that the objectives of the Decade will only be met if states have the political will to make it happen.

Vice President Campbell Barr indicated that all countries should be committed to overcoming the challenges of historical exclusion, racism, and discrimination. “Issues that effect Afro-descendants are not just for Afro-descendants, and the women’s issues are not just for women; these are issues for all States,” she stressed. Additionally, she highlighted the need to include racial self-identification questions in the censuses of the individual countries of the region in order to generate accurate population data about the Afro-descendant populations. Additionally, Vice President Campbell Barr called attention to the need to have concrete action plans created by and for Afro-descendants as part of the mandate of the Sustainable Development Goals (SDGs), as one cannot talk about meeting these objectives without considering their impact on historically-marginalized populations. For this reason, she questioned the audience about urgent problems in the areas of health, employment, education and violence – particularly against women – given that statistical indictors continue to show alarming levels of inequality and marginalization.

In his intervention, CERD Vice Chairperson Pastor Murillo warned about the difficulty states will have achieving the SDGs if they do not consider the needs of the Afro-descendant population. He indicated that only six countries in the Americas currently have affirmative action plans, and that very few Afro-descendants are found in parliaments and other government bodies. This phenomenon is proof that xenophobia and racism are global traits linked to the historical discrimination against this population. “Just as the profound causes of inequality against women have its roots in the historical discrimination they have experienced at legal and institutional levels of different states, the fight against racial discrimination has a similar history –it is necessary to rectify the injustices committed against these populations in order to cement plans, projects, and laws which will allow us to move forward,” said Mr. Murillo.

Despite many advances in recognizing the rights of the Afro-descendant population, there are many challenges to face in the next seven years of the Decade. According to the expert panelists, states must build bridges between the objectives of the SDGs and those of the Decade of Afro-descendants to improve the situation of the Afro-descendant population through state policies. Before that, States need to understand the realities face by Afro-descendant women, youth, and children. Special attention must be paid to the situation of pregnancy in girls and what measures governments can take for its prevention. States must also continue to incorporate the history and culture of the Afro-descendant population in their education programs. Censuses should include specially designed, culturally appropriate questions that will actually result in Afro-descendants self-identifying their race. Finally, the panelists called for countries that have yet to ratify the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance to do so in order to build a diverse and inclusive world, with social justice for all – especially for those who have been historically marginalized.

Race and Equality is convinced that the International Decade for People of African Descent represents an important commitment in the fight against racism. Therefore, it should be a priority for states to reflect on the urgent need to develop action plans that result in the protection of the human rights of Afro-descendants.

You can view the webcast of the event on our Facebook page: https://www.facebook.com/raceandequality/videos/905253373008442/

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