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

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/

The Costa Rican Mission to the United Nations and Race & Equality Issue an Invitation to the Panel “The United Nations’ International Decade for People of African Descent – Recognition, Justice, and Development: The Need for Plans of Action to Combat Historic Inequalities Faced by Afro-descendants”

Within the framework of the 73rd General Assembly of the United Nations, the Costa Rican Mission to the United Nations, in collaboration with the International Institute on Race, Equality, and Human Rights (Race & Equality), will hold a panel on 27 September named “The United Nations’ International Decade for People of African Descent – Recognition, Justice, and Development: The Need for Plans of Action to Combat Historic Inequalities Faced by Afro-descendants,” which will serve as a space for reflection with the participation of Vice President and Minister of Foreign Affairs from Costa Rica Epsy Campbell and the rapporteurs from the Committee for the Elimination of Racial Discrimination (CERD) of the United Nations, Gay McDougall and Pastor Murillo.

The goal of this space is to explore strategies for developing concrete plans of action for combatting historic inequalities confronted by Afro-descendants in the Americas and the Caribbean.  The panelists will share their experience with international standards for combatting racism, racial discrimination, xenophobia, and related forms of intolerance, as well as discussing the possibility of developing best practices for consideration by States as they draft and apply their plans of action.

The International Decade for People of African Descent represents an important commitment to the fight against racism; as such, the scenarios for dialogue to sensitize and reflect on the urgent need to design mechanisms for action that foster respect for [and] protection of, as well as [enable the] exercise of all of the fundamental human rights and freedoms of Afro-descendants should constitute a priority commitment by States, while additionally reinforcing measures aimed at dismantling the numerous obstacles faced by millions of people in all regions of the world.  It seeks to reinforce the laws that prohibit racial discrimination, help to guarantee their application, and foster greater awareness of Afro-descendants’ cultural heritage and that community’s fundamental contributions to the progress of humankind.

In 2014 the General Assembly approved a program of activities for the International Decade containing specific measures that should adopted by governments and all other agents whose efforts are related explicitly or implicitly to issues regarding Afro-descendants in any part of the world in the spheres highlighted by the Decade: recognition, justice, and development.

Cuba denies existence of racial discrimination to the UN CERD Commitee

Washington. Sept 16. 2018. On August 16, Cuba categorically denied the existence of racial discrimination in Cuba to the group of independent experts of the United Nations (UN) that form the Committee on the Elimination of Racial Discrimination (CERD) during the review of Cuba under the International Convention on the Elimination of All Forms of Racial Discrimination. The purpose of the review is for Cuba to present information on how it has implemented action plans to combat racial discrimination.

Rodolfo Reyes Rodríguez represented Cuba at the review and stressed during his presentation on behalf of the Cuban state that Cuba does not have a structural or institutional racism problem. He also emphasized that in Cuba, racial and ethnic minorities do not experience any difference in treatment legally, politically, or socially and that the concepts of “Afro-Cuban” or “Afro-descendant” do not exist in Cuba because this population is not regarded as any different from the rest of the population. He stated that according to the results of the 2012 population census, 9.3% of the population identified as Afro-descendant because of the mixed heritage of the population. He explained that all citizens self-identify themselves as white, mixed or black just based on the color of their skin, but all are considered Cuban citizens with the same inherent rights and responsibilities. (You can read the full presentation of the Cuban representative here)

In response to the information presented, the CERD Committee issued its report of recommendations on August 31. In the report, the Committee finds that, contrary to the information presented by the Cuban state, the Afro-descendant population in Cuba continues to suffer from racism and structural discrimination as a result of the historical legacy of slavery. The report also concludes that this discrimination is demonstrated by and results in this population being unable to exercise economic, social, and cultural rights to the same extent as other Cubans. According to the report, the Committee is concerned about the challenges the Afro-descendant population faces in accessing the labor market; the low levels of Afro-descendants in decision-making positions, both in the public and private sector; and the disproportionate levels of poverty affecting this population.

In its list of recommendations, the CERD Committee also expresses great concern that the methodology used in the census does not result in objective information that accurately presents the racial composition of the country. In this regard, the Committee calls on the Cuban State to review its methodology for collecting demographic data in the census in order to design questions and strategies with the input of the Afro-descendant population that will result in their self-identification and generate more accurate results.

The CERD Committee report calls on the Cuban State to include a clear and explicit definition of racial discrimination in its Constitution, which is currently being updated.

The Committee also recommends that the State include a gender focus in its policies and strategies to combat racial discrimination in order to address the many forms of discrimination affect women, particularly Afro-descendant women, who face greater obstacles in accessing the labor market. The Committee also stressed the need to create as opportunities for women to participate in politics and to hold decision-making roles.

The CERD Committee condemned allegations of harassment, intimidation, and hostility against those who defend the rights of Afro-descendants.

Specifically, the CERD Committee’s Rapporteur for Cuba, Silvio Albuquerque, mentioned violations of the right to freedom of movement. Juan Antonio Madrazo, Coordinator of the Citizen’s Committee for Racial Integration (Comité Ciudadano por la Integración Racial), was prevented from leaving Cuba to participate in the review, and Roberto Mesa, Coordinator of the Black Brotherhood (Cofradia de la Negritud) was arbitrarily detained a few days before he was scheduled to travel. The representative for Cuban denied any acts of repression taking place against human rights defenders, instead asserting that these individuals pass themselves as human rights defenders but are mercenaries of the United States, paid to make false allegations of human rights violations. In its report, the CERD Committee laments the Cuban government’s denial of these violations and their failure to take measures necessary to investigate them and prevent them from occurring.

Race and Equality observes the statements presented by the Cuban government to the UN CERD Committee with great concern. The lack of specific and conclusive information provided by the government as well as its flat denial of the discrimination and human rights violations suffered by Afro-Cubans is further evidence that discrimination and structural racism are alive and well in the country.

Race and Equality thanks the CERD Committee for the recommendations offered to the Cuban government, which are to be implemented into the laws and policies of the country in order to effectively guarantee the protection of the human rights of all Afro-descendants in Cuba.

International Bisexuality Day: A Day to Remember the Sexual Diversity that Comprises and Complements Our Society

Washington, September 22, 2018 – Each year since 1999, International Sexuality Day is commemorated on September 23rd: a day to remember the sexual diversity that comprises and complements our society, as well as the urgent need to continue working for the recognition of the rights to individual liberty, autonomy, and identity of all persons, regardless of their sexual orientation, and especially the assertion and recognition of the rights of bisexual persons.

To that end, we applaud with appreciation the recent press communiqué on International Bisexuality Day issued jointly by the Inter-American Commission on Human Rights and experts from the United Nations: we believe that these types of statements are essential in the fight against the ‘invisibilization’ of the barriers and discrimination that impact bisexual persons and provide concrete data that help to eradicate misconceptions that are permeated by stigmas surrounding bisexuality.  To that end, the authors state in the communiqué that bisexuality refers to “the capacity for emotional, romantic, and/or physical attraction to more than one sex or gender.”  From our work with our counterparts in the region, we note with concern the frequency with which the sexual orientation of bisexual persons causes them to experience significant discrimination, in that socially they are categorized as ‘indecisive,’ ‘undefined,’ or ‘promiscuous,’ in this manner alluding to an as-yet ‘undecided’ sexual orientation which needs to be ‘defined’ as heterosexual or homosexual.  The stigmas to which bisexual persons are subject result in the ‘invisibilization’ of their realities and experiences, as well as the lack of awareness regarding the multiple challenges [and] barriers [they face], as well as the violations of their human rights.

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), bisexuality and bisexual persons are marginalized in all parts of the world, generating alarming figures of depression, isolation, health problems, and high rates of suicide within this population.  In addition, they indicate that the indices of domestic and psychological violence perpetrated against bisexual persons are much higher in comparison with what is experienced by homosexual or heterosexual groups.  In this same study, ILGA points out that “the reality of bisexual persons is unknown by social organizations and even by groups defending the rights of the LGBTI community” – the reason why there are few or no data from social and governmental organizations regarding the health, education, and access to reproductive rights of this population.  Likewise, the actions implemented by State organizations do not respond to the realities of persons with a bisexual sexual orientation.

In Latin America and the Caribbean, the social reality of bisexual persons is completely unknown.  It is as if they do not exist, given that people tend to feel such persons are “going through a phase or presenting a deviation from [normal] sexual conduct”; as such, no statistics or official data exist on the situation of this community, either at the level of the States in the region or at the level of civil society organizations, as the latter tend to address the situations of bisexual persons to a lesser degree.  In addition to this, the lack of knowledge, research, and comprehension of bisexuality becomes a worrisome limiting factor in identifying or defining barriers faced by bisexual persons.

Bisexuality is highly invisible in human rights practice and discourse; it is thus that this day becomes an opportunity to raise the visibility of the voices, stories, and experiences of bisexual persons, demand protection of the rights of all persons, demand research that will identify their needs throughout the world, and develop pedagogy regarding their reality.

Race & Equality calls on the States in the region, governmental institutions, and the LGBTI movement to fight against all types of discrimination and violence against the bisexual population.  We urge them to consider developing public policies that include bisexuality within [the larger topic of] sexual orientation and consequently, collect official data to internally counteract the violence and discrimination faced by bisexual persons.  Biphobia, as well as any type of expression of hatred or violence against the diverse forms of gender, identity, or sexual orientation are acts that diminish the possibility for constructing societies that are more inclusive, just, and respectful of diversity.

 

ECLAC monitors the 2020 Panama Census process and the participation of its Afro-descendant population

Washington, D.C. August 25, 2018. The Institute on Race, Equality and Human Rights (Race and Equality), together with the National Secretariat for Afro-Panamanian Development (SENADAP), arranged for the participation of Fabiana Del Popolo, Demography Coordinator at the Economic Commission for Latin America and the Caribbean’s (ECLAC) Latin American and Caribbean Demographic Centre (CELADE), in a meeting of the Afro-Descendant Technical Group. The meeting was designed to provide support to and empower members of the Afro-Descendant Technical Group.

A working table meeting held on August 22, 2018 at the United Nations Development Programme (UNDP) office in City of Knowledge, Clayton, Panama, was convened by SENADAP Director Urenna Best. The meeting also included the participation of Joyce Morris of the National Institute for Statistics and Census’ (INEC) Population and Housing Section, and Elvia Duque, Program Officer for Race and Equality. During the meeting, Fabiana Del Popolo stressed the fact that Latin America is the region with the highest levels of ethnic/racial inequality in the world and that Afro-descendants are the most vulnerable ethnic/racial group. Additionally, she described historical statistics of Afro-descendants in the region, the role of the various international treaties, and the advocacy work done by Afro-descendant activists to increase the amount of disaggregated data statistics available by race/ethnicity. She also urged those present to closely monitor the State’s level of accountability to its Afro-descendant population, specifically in relation to the goals/standards of the UN Decade for People of African Descent, CEPAL’s “Montevideo Consensus on Population and Development” (2013), and the UN Sustainable Development Goals (2030). She also presented a disaggregated comparative analysis of the different methodologies and post-census results on Afro-descendant and indigenous populations in Latin America.

Members of the Afro-descendant Technical Group were very interested in Ms. Del Popolo’s analysis, which described other census processes such as those in Costa Rica, Colombia, Brazil, and Venezuela as successful examples to follow. However, she stressed that “there is no perfect question,” referring to the drafting of a self-identification question for Afro-descendants. She explained that the context of these countries is different than that of Panama, but that they present similar challenges that have been overcome thanks to the empowerment of and increase in participation of civil society during the entire census process, as well as the technical support from data experts.

Ms. Del Popolo explained that experiences such as the 2010 Census in Panama must be observed and analyzed as a whole. The analysis should not just yield information on the population percentages but must also produce information on the inequality gaps reflected in these figures. This information will form the basis for advocacy tools that can be used to demand public policies in favor of the Afro-descendant population. In this respect, she noted that “we must be clear in what we are trying to measure with a census – whether it’s diversity or inequality of a populational group in particular, or other aspects.”

Similarly, the expert stressed the need to learn from other experiences, such as those of indigenous Colombians and the Afro-Peruvian population who, despite being minority groups, have generated strategies that have improved the position of their communities.

Ms. Joyce Morris of INEC presented an analysis of the background of the ethnic/racial self-identification question in Panama. She also presented, for the first time, an outline of the question and concepts that were to be included in the home surveys of August 26, 2018, which included changes requested by the Technical Group.

The session was concluded by highlighting the advances made in the 2020 Census in Panama, which features the elimination of filter questions that lead to the Afro-descendant self-identification question. She also stressed the need for the Afro-descendant Technical Group to receive proper permanent technical support. Race and Equality wishes to continue to contribute sustainable strategies to support the 2020 pre-census, census, and post-census processes.

Ms. Del Popolo also participated as a featured panelist at Casa Amarilla, a Presidential complex where, in front of Afro-Panamanian activists, she spoke about prior census experiences from Latin America which included the ethnic/racial self-identification question. She highlighted the importance of having an Afro-Panamanian Technical Group as the first step in aligning the goals of the Afro-Panamanian population with the INEC and other key entities of the 2020 census process. In her presentation, she also urged the public to find out more about the Technical Group and to support its work.

Elvia Duque stressed Race and Equality’s commitment to coordinate with SENADAP and support the Afro-descendant Technical Working Group during its interactions with the INEC and other government institutions. She also highlighted the need to create a roadmap that will allow them to focus on the goals and steps to follow. She stressed the Technical Working Group’s commitment to thoroughly examining the results of the 2010 Census and the subsequent household surveys in order to ensure that the 2020 Census reflects the reality of the Afro-Panamanian population.

Race and Equality supports a Nicaraguan delegation to the United Nation in Geneva, Switzerland

June 2018 – The Institute on Race, Equality and Human Rights (Race and Equality) supported a delegation of Nicaraguan human rights activists to the United Nations in Geneva, Switzerland  June 18-29 in order to raise awareness about the human rights situation  in Nicaragua before civil society representatives, governmental missions before the UN,  the UN System of Human Rights and the international community at large.   Among them,  Alexandra Salazar of the Network of Social Movements and Civil Society Organizations of Nicaragua, Oswaldo Montoya of the MenEngage Alliance, Ana Quirós of the Center for Health Information and Advisory Services (CISAS), and Anibal Toruño of Radio Darío.

Over the course of the two-week trip, the Nicaraguan activists met with important international actors, which included staff of the Office of the High Commissioner of Human Rights (OHCHR), members of international civil society, and representatives of the Permanent Missions of member countries – many from the Latin-American region – to present their stories and offer insight on the response needed to the current political crisis, including the repressions face and the increase of attacks against civil society representatives, students, the elderly, and other peaceful protestors. Their testimonies also sought to encourage the UN Human Rights Council (HRC) to issue out a communication requesting that the Nicaraguan government put a stop to the violence and repression.

The activists participated in two press conferences before national and international media, which was broadcasted live through our social platforms. During the debates, the activists denounced the repression and violations of fundamental human rights at the hands of “paramilitary”, “Sandinista mobs”, and “Parapolice” groups.

Groups can be seen here: — https://goo.gl/NdRgtN

In addition, the delegation participated in the plenary of the 38thperiod of the Human Rights Council (HRC), and in two parallel events. The first one, “Human Rights in Nicaragua: State violence and repression”, organized by the International Human Rights Network and the MenEngage Alliance, featured close to fifty participants, including Commissioner Joel Hernandez of the Inter-American Commission on Human Rights (IACHR). The event discussed the causes of the civil unrest and the presentation of a report by Nicaragua’s Permanent Commission on Human Rights’ (CPDH). The event concluded by urging the international community to denounce the situation in Nicaragua and to pressure the national government to put an end to the repression.

The event was broadcasted live through our social channels. You can see a replay here (in Spanish) — https://goo.gl/NdRgtN

The second event was organized by the Inter-American Commission on Human Rights, to present the report: Grave violations of human rights in the context of social protests in Nicaragua. It was also broadcasted in our social platforms and can be seen here: https://goo.gl/mmuPQZ

Finally, the Nicaraguan  activists urged the international community to continue pressuring the Nicaraguan government to accept a visit of the UN Office of the High Commissioner to the country (that was later accepted); to publicly denounce government actions against its own citizens; and to request that the UN and its member states form an Independent Investigation Commission to review and sanction all crimes committed. (at the time of drafting this release there were more than 200 registered deaths associated with the conflict.)

SO THAT OUR VOICES ARE HEARD AND INCLUDED! Today We Commemorate the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women

July 25 marks the International Day for Afro-Latino, Afro-Caribbean, and Diaspora Women. The commemorative date was established in 1992 after a meeting in the Dominican Republic of more than 400 women from diverse Latin American countries, where they analyzed the consequences of racism and sexism in the region. The meeting also provided a space for attendees to articulate joint actions and remember historic struggles to combat these issues.

On this day we remember that the fight to bring down the humiliations caused by discrimination, poverty, and violence is ongoing. Participatory spaces are closed off because of racist and discriminatory logic against women and Afro-descendants which prevail. Women from the region continue to be the victims of a hostile war committed to condemn their voices and their chants, to violate their bodies, and take away their children.

It is important to remember that Afro-descendant women’s organizations have undertaken a lot of efforts to achieve recognition and participation in decision-making spaces. Because of this, we urge all states to promote affirmative actions in favor of including Afro-Latino, Afro-Caribbean, and Diaspora voices in spaces that will permit the promotion of effective public policies that guarantee rights and severely condemn all types of ethnic or racial discrimination.

Today we rise up in resistance for the women suffering the war and apathy in Nicaragua, for the harassment and repression against women in Colombia, especially those who are persecuted for leading life in the territories. We rise up for those women who are not recognized and who are discriminated against in Peru; for the violence and harassment against trans women in Brazil; for the voices of the women in Panama; for the recognition of the rights of all women in the region. We will continue fighting so that our voices are heard, included.

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