Empowering the Afro-Panamanian Population to Increase their Participation in the 2020 Census

Empowering the Afro-Panamanian Population to Increase their Participation in the 2020 Census

Washington, D.C., February 2, 2018. On January 29, 2018, The Institute on Race, Equality and Human Rights (Race and Equality) officially commenced a series of activities to support the work of Afro-Panamanian activists in their efforts to develop an adequate self-identification question and an effective participation during the entire census process, which is already underway for 2020.

With the help of the National Secretariat for Afro-Panamanian Progress (SENADAP, for its initials in Spanish) and the United States Embassy in Panama, Race and Equality carried out the first workshop in its project, called “Strengthening the Knowledge of Afro-Panamanian Activists, 2020 Census” in the United Nations facilities in Panama City, Panama. The workshop included the participation of Urenna Best, Director of SENADAP and Roboán Gonzalez, Coordinator of the 2020 Census from the National Institute of Statistics and Census (INEC, for its initials in Spanish). The workshop also included international guests from Peru; Nancy Hidalgo, the Technical Director of Demographics and Social Indicators at National Institute for Statistics and Informatics (INEI, for its initials in Spanish) and Cecilia Ramirez from the Black Women’s Development Center (CEDEMUNEP, for its initials in Spanish). Additionally, Peter Hamm participated representing the United States Embassy, and our own Elvia Duque, Latin America Program Officer at Race and Equality, participated as well. The goal of this exercise was to empower members of the Technical Team of the 2020 Census to promote the importance of including a racial/ethnic self-identification question to improve their interlocutory work between government entities and their communities.

The activities carried out during the workshop allowed participants to gain a deeper understanding of the necessary organizational and technical aspects for the current census cycle to yield relevant information regarding the current situation of Afro-Panamanians; What is their population numbers, their characteristics, and what living conditions they currently face. This information will be crucial in developing and implementing public policies that address the situation of structural exclusion still plaguing the Afro-Panamanian community. Among the most noteworthy topics discussed were:

  • Past Census’ limitations in identifying Afro-Panamanians. Roboán Gonzalez of INEC highlighted the methodology that the Panamanian government used in the formation of the racial/ethnic self-identification question used in the 2010 Census, and the concepts used to generate official statistical data on the Afro-Panamanian population. Participating activists were able to note existing challenges that Afro-Panamanians faced in utilizing the previous census’ identification categories. Terms such as “colonial black” and “Antillean black” created confusion among the Afro-Panamanian population, which resulted in vast underrepresentation. “Afro-Panamanian” accounted for only 9% of the total population, a number very far from reality.
  • Lessons learned from the 2017 Peruvian Census. As part of a shared experience, representatives from INEI and CEDEMUNEP in Peru shared relevant insight about the recent 2017 Census in Peru, which included a racial/ethnic self-identification question for the first time. In analyzing the process, it was found that communities are more responsive to the use of common descriptors as opposed to those used by academics and professionals. Furthermore, they stressed that the census should not be seen as the work of just one day, but rather a broad process that needs the joint collaboration of government representatives and the Afro-descendant community. It’s crucial to guarantee visibility and thereby important to encourage the participation of Afro-Panamanian communities in spaces of dialogue with government representatives.
  • The Importance of strengthening Afro-Panamanian participation to improve upon the experience of the 2010 Census. SENADAP director Urenna Best urged those present to have a more active role within their communities and on the Census Technical Team to reflect the needs of the Afro-Panamanian population. To achieve this, the support given by international cooperation agencies is paramount.
  • Implications that the 2020 Census results will have in addressing Afro-Panamanians’ situation of structural exclusion. Elvia Duque of Race and Equality emphasized to the participants that censuses and the collection of official statistical data through an adequate self-identification question will be crucial to ensure the creation of public policies that reduce inequality. Adopting this perspective represents progress in the commitments and social demands adopted by States at the World Conference Against Racism in Durban 2001.

The activists who attended the workshop expressed the need to continue this type of training to continue strengthening their knowledge on the subject and enriching their discussions. Additionally, they affirmed that is it imperative to expand participation to include other Panamanian organizations and communities, particularly those with significant Afro-descendant presence, like Colón and Darién.

With the continued support of the US Embassy in Panama, Race and Equality will continue to carry out activities that will contribute towards the effective participation of Afro-Panamanians in the 2020 Census.

Interview with Margarette Macaulay: Rapporteur on the Rights of Afro-descendants

Commissioner Margarette May Macaulay is Rapporteur on the Rights of Afro-descendants at the Inter-American Commission on Human Rights.  She was formerly a Judge at the Inter-American Court (2007-2012.) As one of Race and Equality’s closest allies, she has met with Afro-descendant groups across the region and advocated in favor of the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance, which came into force last month for Costa Rica and Uruguay. 

In your opinion, why is the Convention coming into force at this specific point in time? 

This is an ideal time for it to come into force because the issue of racial discrimination is extremely alive in the region. Racism and racial discrimination have always existed but they are advancing at a greater pace rather than regressing. Since President Trump came to power there has been a galloping of hate speech and violence. Those who were quiet about their inherent racism and prejudice are now very open about it. 

Costa Rica and Uruguay are the first to ratify. Why do you think that is? 

Thank God for Costa Rica and Uruguay! If you look at their record, both countries tend to sign human rights instruments quite early. Also they most likely feel comfortable about moving forward and assisting in the recognition and advancement of Afro-descendants in the region. As the President of Costa Rica said at the Convention ratification ceremony, Afro-descendants played a great role in the development of the country through their sweat, their suffering, their blood and their death whilst they were under slavery. So it was about time this was recognized. 

The UN Convention came into force in 1969. Why has Latin America and the Caribbean dragged its feet? 

Because it was convenient. It is inconvenient for a State to say they haven’t given any recognition to the civic, social and political rights of Afro-descendants. It is more comfortable for the States to remain silent. But as Afro-descendants start realizing their rights, States have to recognize that they are here and they have to do something.  

Why is this Convention significant? Is the UN Convention not sufficient? 

The Inter-American Convention is very significant and absolutely necessary for the region. Clearly the UN Convention has not advanced the rights of Afro-descendants because the States are not implementing its provisions. It is also necessary for us to update the UN definition of racism and racial discrimination. 

This Convention is clearly a product of its time. Its language is very contemporary… 

The language used here is purposeful. Lost of people who are racist will deny it because they do not understand that they are in fact racist. The language used here is so clear. This is how all legal instruments dealing with rights or provisions should be written so that anyone who is literate can understand it. And the definitions have evolved over the years. People in the region often tell me ‘In this country we are invisible. We do not exist. We have nothing. We cannot do anything.’ 

What form does racial discrimination take in the region? 

It is present in education, health services, religion, in the lack of job opportunities, wage standards… Afro-descendants also suffer more violence in all its forms, including hate speech. In every way they are the lowest in the rank.  

The Convention even mentions cloning. Is that a real threat to Afro–descendants? 

Of course. The person lowest on the totem pole is most likely to be used. It is a matter of great concern. 

How do you feel personally about this Convention coming into force? What has been your own role with regards to developing this instrument? 

I am actually not Afro-descendant, I am African. I was born in West Africa. My husband and I emigrated to Jamaica from Sierra Leone. But I feel extremely committed to this cause. I have been working on women and children’s rights for over 40 years and I am sad that I did not work enough on this. I would love to see an advancement in the enjoyment of Afro-descendant rights before my service as Commissioner and Rapporteur comes to an end. I feel very strongly about it. My mother was a black African and I owe it to her. 

Is the ratification of the Convention likely to affect the type of cases brought to the IACHR? 

I hope it brings some cases. It is a means for States to solve problems and move towards respecting rights and dignity of Afro-descendants within their borders. But I will address your question in another way. My fear is that States will not ratify this too quickly. But I will try my darnedest because I think the States should have gotten over their reluctance to admit that there are people they are ignoring. The best way to deal with a problem like that is admit it and move on. But some States might also be afraid that a great number of petitions might flow from ratifying the Convention. But if you look at history, it took a long while for people to start bringing petitions to the system. If the States are afraid of petitions and don’t ratify for that reason, I think they would be wrong. That would be an excuse. 

What other challenges lay ahead? 

I’m interested to see how the States interpret the Committee that needs to be set up according to the Convention. Will they nominate someone independent and committed to the purpose of the Convention or a functionary?

Articles 9 and 10 of the Convention establish that political and legal systems must reflect the diversity of society and that access to justice must be equal. Can these ideals really be met here in the US and elsewhere? 

I don’t think they have been met in the US. How many indigenous people are there in Congress? How many blacks, Latinos? A small number. The United States have a more mixed face than elsewhere in the region but they are still progressing. Bolivia is an example of a largely indigenous political representation. Brazil was for a little bit. But let’s not forget it is not just about race. Diversity is race and gender. We have to make up a diverse face of the political institutions. I hope I’ll be alive when this happens in every country in the region. It is going to take a long while. That is why the Inter-American Convention against Racism and the Inter-American Convention against all forms of Discrimination are very important for the region.  

What are your recommendations for civil society? 

You must lobby your states to ratify the Convention against Racism as well as the one on Discrimination, which has no ratifications yet. Everybody is affected by discrimination in region one way or the other, leaving aside race and ethnicity, on the basis of your class, lower form of education… This is what will protect against general and multiple forms of discrimination every day. But racism has to stop first. 

Check out the expert discussion on the Inter-American Convention against Racism held at the IACHR. 

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The Inter-American Convention against Racism: A dialogue with experts

The murder of Afro-Colombian leaders, racial discrimination in the United States, the struggle of the Garifuna people in Honduras and the threat of extinction of the Gullah culture were some of the topics that emerged from a dialogue promoted by Race and Equality, focusing on the challenges and opportunities presented by the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance and its entry into force this past November. The event was organized at the Inter-American Commission on Human Rights (IACHR) headquarters in Washington, D.C., as part of a forum sponsored by the Commission and the Inter-American Court. 

The Convention has been effective for the two ratifying States, Costa Rica and Uruguay, since November 11. Representatives of these two States before the Organization of American States (OAS) joined members of civil society in a panel for the event this past Tuesday.  

Among those was Erlendy Cuero Bravo of AFRODES, a distinguished organization that advocates for the rights of displaced Afro-Colombians as a result of the armed conflict. As Vice-President of the organization, Ms Cuero Bravo denounced the lack of quality education afforded to young Afro-Colombians, which often results in an increased exposure to addictive substances and, more importantly, to the loss of identity. “Our youth is ashamed of being Afro”, she said. 

In addition, Ms. Cuero Bravo condemned the killings and continued persecution of Afro-Colombian community leaders. Erlendy herself is the recipient of protection measures from the Colombian government since last August after these were ordered by the IACHR eight months earlier.  Despite this, her safety and that of many other leaders has not been ensured. Erlendy’s brother Bernardo was assassinated in June. 

A representative of the mission of Colombia to the OAS attending the event assured that her country has the intention of ratifying the new Convention.  

Another member of civil society participating in the panel was ONECA/CABO founder Mirtha Colón. The Central American Black Organization (CABO) advocates for the rights of Afro-descendant populations in Central America, from Guatemala to Panama, and includes those residing in the United States. Ms. Colón denounced the lack of commitment to defending the Garifuna communities in Honduras, citing as an example the closing of the Secretariat of Indigenous and Afro-descendant peoples. 

As moderator of the event, Margarette May Macaulay, the IACHR Rapporteur on the Rights of Afro-descendants, added to the conversation affirming that some States ignore and even deny the existence of Afro-descendant citizens in their countries.  

From there, the conversation discussed the crucial role that national censuses play in providing accurate information for the development of affirmative public policies. Chile and the Dominican Republic are the only countries in the entire region that do not include a racial variable in their censuses.  

This invisibility has even been reflected in the identity of the region as a whole, argued Doudou Diene, a former United Nations Special Rapporteur. In emphasizing the importance that the region reflect its Amerindian and Afro-descendant origins, it will begin to revert the problem of racism that has affected it since colonial times. “By saying Latin America, we give the region the identity of its conquerors,” said Diene. 

The dialogue that followed the panel included additional key talking points. A representative from Venezuela Diversa highlighted the double discrimination suffered by Black LGBTI people in his country. Carlos Quesada, Executive Director of Race and Equality, took the opportunity to announce the recent launch of the Network of Afro-descendant LGBTI of the Americas.  

But discrimination can exist even in the halls of those very institutions fighting for human rights. In this sense, Commissioner Macaulay made a call for greater racial diversity among the members of the Commission and the Court. “I don’t remember ever seeing an indigenous member in these Institutions for Human Rights”, said the Commissioner, with her usual sense of irony. 

The representative for Uruguay closed by warning that, since the approval of the text of the Convention against Racism by the OAS General Assembly in 2013, only two countries have ratified it to date. Faced with a global outlook which is currently unfavorable to the recognition of the rights of Afro-descendants, adopting the Convention’s legislation will depend on political will. 

As Commissioner Macaulay put it: “The Convention is in full force. Now, we need to work on getting more ratifications”. 

About The Author

Milli Legrain is a communications consultant for Race and Equality.

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In the Dominican Republic statelessness still exists

Four years have passed since the Constitutional Court of the Dominican Republic enacted the ill-fated Judgment 168/13, which rendered Dominicans born of foreign parents from 1929-2007 stateless. 

Many speak of the decision as a “Civil Death”, but the deceased – when buried – carry a tombstone with their name.  

Their remains at least are recognized and left in peace, out of respect. 

Not so for the many Dominican-born people of Haitian descent, who – by virtue of Jus Solis (citizenship by birthright)– should have their Dominican nationality recognized. But they continue to live without a legal identity.  

Law 169/14 Came Up Short 

On May 23, 2014, President Danilo Medina issued Law 169/14 in an attempt to resolve the situation of statelessness created a year earlier, by Judgment 168/13. However, the law has not had the intended effect, as the rights of the population targeted by the legislation have not been fully restored. Statelessness continues to affect thousands of Dominicans of Haitian descent. Despite all efforts by civil society to promote its implementation, Law 169/14 just came up short for us. 

Dual Identities 

Many believe that the Central Electoral Board has resolved the issue by reducing the number of stateless people. But they are unaware that most of the children of Haitian immigrants included on civil registries up until 2007 (known as “Group A”), have had their identities changed in the “transcription” process to new registration books. All this done in silence, without their knowledge, and affecting thousands.  

In a country where your birth certificate is used for everything: from registering for college to requesting a passport and seeking employment, people without it are left marginalized, segregated, reduced, and effectively invisible. 

False Expectations 

Law 169/14 was offered as a viable solution. We knew it was not, but we had hoped everything would work out, at least for the people who weren’t enrolled in the civil registry, known as “Group B”.  

However, those few that registered under the law do not yet have a defined identity. They cannot make use of their rights to health, employment, higher education, marriage, or to even declare their children as their own. The problem has only gotten worse. Law 169/14 has come up short for us Dominico-Hatians. It has not been effective. 

Learn about Mosctha´s work 

Learn about Race and Equality´s work in the Dominican Republic. 

About The Author

María Bizenny Martínez is a human rights defender at MOSCTHA. Her focus is on Dominicans of Haitian descent and afrodescendants.

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The first-ever census for Afro-Peruvians: interview with CEDEMUNEP

In 2009, Peruvian President Alan Garcia issued the State a historic pardon for centuries of abuse, exclusion, and discrimination towards the Afro-descendant population in Peru. That same year, the CERD – the UN Committee on the Elimination of Racial Discrimination – expressed its concern for the lack of official data available on Afro-Peruvians. Since then, Peru has sought to address the criticism, and in 2016 it ratified the Inter-American Convention Against Racism, Racial Discrimination and other Forms of Intolerance. Despite progress, Afro-Peruvian socio-economic and political needs continue to be ignored. The discussion of their rights is seldom present on political party agendas. And the Peruvian government has failed to take affirmative action or generate public policies aimed at promoting their development. 

This Sunday, October 22, 2017, Peru will hold a national census taking account of Afro-Peruvians for the first time.  

Race and Equality interviewed Cecilia Ramirez, the director of the Center for the Development of Black Peruvian Women (CEDEMUNEP), who is a member of the Technical Inter-Institutional Committee on Ethnicity Statistics, which oversees the census process, from formulating its questions to communicating its results.  

Why is this Sunday’s national census so important for Afro-Descendant peoples? 

The census will reveal crucial demographics about our peoples, not only about how many we are and where we live, but also about the conditions we are in. The last time a census in Peru included a question about racial identity was back in 1940. That was 77 years ago. 

So there was no ethnic/racial question in past census surveys? 

Since 1961, race had been determined in the census through a question pertaining to one’s mother tongue spoken at home. Now for the first time in the history of Peru, an ethnic question will ask citizens to self-identify themselves ethnically. In this sense, Afro-Peruvians will be able to choose from 6 categories: Negro (Black), Zambo, Moreno (Brown), Mulato (mixed race), Afro-Peruvian or Afro-descendant.     

Have indigenous populations also been excluded from the census? 

Indigenous identification has been included in three prior censuses. But none have included Afro-Peruvians. This census’ official title is “The 12th for Population, 7th for Housing, and 3rd for Indigenous Communities”. We like to call it “The 1st for Afro-Peruvians”. 

Do you have an estimate of the Afro-descendant population in Peru? 

There is no official data of course. And many numbers are being thrown out there: from 0.1%, 5%, and even 9%. 

How about their socio-economic situation? 

Despite the government showing some initiative to improve the situation for Afro-Peruvians, inequality is still rampant in terms of education, health and employment. 

How long has CEDEMUNEP been advocating for an Afro-Peruvian inclusive census? 

We began raising the issue in 2010, and released a report on the human rights situation of the Afro-Peruvian population. The initiative was taken up again a little over 5 years ago in the context of the census planning, with the support of Global Rights, Race and Equality, as well as in collaboration with the National Institute of Computing and Statistics (INEI), the Ministry of Culture, the Ombudsman’s office, the National Elections Jury, some local governments and indigenous/afro-descendant organizations, such as Chirapaq, among others. We’ve also had tremendous support from partners such as the Ford Foundation, who have and continue to support us. They have played an important role in our advocacy efforts.  

What are some of the challenges you have faced? 

There is a lack of awareness and understanding of the issues facing the Afro-Peruvian population among all levels of society. Without this awareness, it is difficult for there to be genuine political will. Including a racial question in the census has therefore proven to be a challenge. 

Has there been any progress? 

Things were initially very complicated and there are still issues that need to be resolved, but we have made progress. The biggest obstacle was to include an ethnic question in the census. And we’ve accomplished that goal. But new challenges will surface from the census’ findings. 

So your work has been to educate the authorities on these issues? 

Yes, to educate and to raise awareness, not just at the national level, but also internationally. We’ve launched an advocacy campaign at the local and national level to sensitize the Peruvian people, and particularly the Afro-Peruvian people to the importance of having an ethnic self-identification question in the census. 

How has international support furthered your cause? 

No State likes to be shamed in front of other nations so the Peruvian government had to keep up with the progress made across Latin America. During the census planning, the Afro-descendant movement raised the importance of including an ethnic question in the national census. Since then, our international allies, such as CEPAL, UNFPA, and UN Women have supported us by issuing recommendations highlighting the importance of the question. This has helped the cause significantly.  

What consequences might the census results have on Peru?  

We have developed a national plan for the Afro-Peruvian peoples, called PLADEPA. This is an important development initiative, made in consultation with civil society. It is now vital that financial resources be made available for its implementation.  

What will happen in 6 months, when the census results are published? 

There will be no more excuses, as we will have access to indicators that illustrate the current situation and conditions in which Afro-Peruvians currently live. We will have clear evidence of the inequality that we face. This information must be translated into affirmative action and public policies, which account for Afro-Peruvians in all government programs, as well as poverty reduction plans. 

What can be done with these findings? 

There is a pressing responsibility for the State and Afro-Peruvian civil society to strengthen their ties. We must work together to generate change. 

And what are your hopes for the future? 

I hope the Peruvian government can adequately respond to the needs of Afro-Peruvian Peoples, and that they realize that poverty in our society is directly related to racism and racial discrimination. I hope that real political will can exist to bridge the inequality we face. I hope for better education, better healthcare, better jobs, and an increase in political representation. To invest in Afro-Peruvians is to invest in the country’s development, as we have historically contributed to building this nation, and we will continue to do so.   

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The United Nations needs you to help combat racial discrimination. This is how.

The United Nations has a committee dedicated to fighting racial discrimination. But civil society organizations don’t always take full advantage of it.

Race & Equality recently published a report on the work of the United Nations Committee on the Elimination of Racial Discrimination (CERD), the UN body in charge of overseeing the implementation of the Convention on the Elimination of All Forms of Racial Discrimination, an international treaty ratified by every country in the Americas.

Across the region, governments have stated their commitment to combating racism and discrimination. These include the five countries in which we work: Brazil, Cuba, Colombia, the Dominican Republic and Peru.

But to reach its full potential, the Committee must overcome a number of challenges. First, CERD’s mission relies on greater engagement by citizens and organizations on the front lines. Second, greater efforts must be made to ensure governments take into account CERD recommendations on improving laws and policies to combat discrimination.

At Race & Equality we believe that greater participation by civil society in the Committee’s work is key. And a more effective Committee means more concrete actions by governments to reduce discrimination in the region.

Here are 5 ways you or your organization can become more involved in the Committee’s work.

1. Read Up!

For a better understanding of what CERD does, the Committee’s website is the place to start. It has general information about CERD’s work, its membership and how activists can use the Committee. More importantly, it also holds the archives of all documentation produced through the Committee’s work, searchable by country or session, including reports governments have submitted to the Committee, “alternative” reports submitted by non-governmental organizations, and the Committee’s recommendations to each country after its review. Bookmark it!

2. Know the Committee’s Calendar!

While we think it’s important to keep up with the Committee’s work year-round, year after year, there are key points when a more active participation is crucial, especially once a government has submitted a report to the Committee. CERD publishes on its website the dates of its sessions at least six months in advance, and it lists countries who have submitted reports but have not yet been scheduled for review. Keeping up with the Committee’s calendar will help your organization know when your country will be reviewed and better include CERD in its strategic planning.

3. Send the Committee Information!

After a government has submitted a report, people and organizations can submit “alternative” or “shadow” reports. There’s no set formula for the content or length of these reports, but they should include up-to-date, relevant information about situations relating to discrimination or groups that suffer from it, and—ideally—they should reference rights guaranteed by the Convention. While informing the Committee prior to its review of your country is important, information can be sent to the Committee at any time. This can include follow-up information (one year after the review) or information on specific, urgent situations that require the Committee’s immediate attention.

4. Apply for Funds to Attend CERD Sessions!

Traveling to Geneva is expensive, and most organizations face tough budgeting decisions. But incorporating CERD into your organization’s strategic planning and actively seeking funds for travel to Geneva can make advocacy at the UN an attainable goal. Every person we spoke to in our research said attending the sessions made a lasting, positive impact on their work, raising their organization’s profile and increasing its legitimacy with their government. A concerted effort to attend the sessions can have a big payoff!

5. Promote the Committee’s Recommendations!

After each country review, the Committee makes recommendations to the government about how it can better fight discrimination. When we argue that a certain policy should be adopted, noting that CERD has made a similar recommendation gives our claim greater legitimacy and support. We should make every effort to use CERD’s own recommendations to support our agenda and remind our governments when they fall short of their promises.

CERD can make a difference, but it’s up to all of us to take advantage of the Committee’s work and incorporate it into our strategic planning. Please include a comment below if you have other tips for engaging with the Committee or if you’d like more information about how to get involved in CERD’s work.

About The Author

Dominic Procopio – Program Officer at the International Institute on Race, Equality and Human Rights

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Human Rights Council Discusses Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance

Geneva, Switzerland, June 29th The Human Rights Council held earlier this week, an interactive dialogue with Mr. Mutuma Ruteere, the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance, who presented three reports to the Council, followed by a general debate on racism and racial discrimination.

In the presentation of the reports, Mr. Ruteere said that the first of his thematic documents focused on xenophobia, its trends and manifestations, especially in the context of the current migration crisis. He reminded States that strategies for countering xenophobic discrimination must be context-specific and carefully adapted to domestic realities, in which the role of local actors is paramount in designing and implementing tailored, local administrative and other measures to overcome local barriers to integration and peaceful cohabitation. When referring to his second report, on combatting the glorification of Nazism and neo-Nazism, Mr. Ruteere mentioned the violence perpetrated against Roma, Muslims, Jews and other minorities and vulnerable groups, also, he expressed concerns about cyber-racism and hate propaganda through social media platforms, as well as about the proliferation of extremist groups in sports. The third report was on his country visit to Greece.

Following the reports’ presentation, came the interactive dialogue, where delegations expressed concern that many of the issues raised in the report showed no signs of improvement and noted the continued threat to human rights and democracy of extremist political parties and movements, whose influence had increased in several areas of the world, particularly in Europe, where extremist parties occupied seats in national and regional parliaments. Speakers stressed the need for strong government response to racism and hate speech, including against refugees and migrants, and called for comprehensive strategies that would incorporate legal, educational and capacity building measures.  Speakers also addressed the crucial role that civil society could play in tackling xenophobia at the community level and said that their initiatives should be supported and not suppressed by state authorities.

He also said that in the current era of increased mobility, widespread forms of overt physical violence, hate speech, and discrimination were rooted in xenophobia.  He recommended that governments and stakeholders give due attention to a set of key elements in designing and implementing strategies with improved effectiveness. These included a local diagnosis of the situation, implementing preventive actions, promoting social solidarity, identifying the appropriate scale of intervention, the complementarity of strategies, and review and assessment.

The Special Rapporteur stressed the importance of cooperation between States, civil society organizations and technology actors for addressing online manifestations of racism. He also underlined the role of civil society organizations working with migrants at the local level in supporting access to justice for victims of xenophobic discrimination or xenophobic violence.  He then said that States had the obligation to prohibit the proliferation of racism in consistence with their human rights obligations.  Turning to the intersection with gender issues, he said that many women migrants were subjected to sexual violence.  Recognizing the intersectionality between gender and race was crucial to fully address the issue in all its dimensions. Next year, his report will be about counterterrorism and the problem of xenophobia.

The International Institute on Race, Equality and Human Rights welcomes the reports of the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance, especially the mention of the intersectionality between gender and race. We call on State Members to follow up on the commitments in the Durban Declaration and Programme of Action and prioritize the fight against racism, racial discrimination, xenophobia and related forms of intolerance.

 

Full report can be found in here.

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

The United Nations Human Rights Council establishes Special Expert to protect the LGBTI community

Geneva, Switzerland. 30 June 2016. In its 32nd session, the UN Human Rights Council has created an Independent Expert dedicated to sexual orientation and gender identity issues.

The historic resolution passed in a tight vote of 23 to 18, with 6 abstentions. The person appointed to this role will be known as an “independent expert” and the position is charged with monitoring “violence and discrimination based on sexual orientation and gender identity.”

This represents the most ambitious effort yet to advance LGBT rights within the United Nations system, with the resolution including the strongest language to date suggesting LGBT rights should be a concern of international human rights law.

During the three-hour voting session, the original resolution co-sponsored by the Governments of Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay was weakened by a series of amendments led by regressive countries like Russia, Pakistan, Egypt and Saudi Arabia, urging the other States not to commit, and pledged not to cooperate with the Independent Expert, despite the support the co-sponsors were getting from countries like UK, Switzerland, Netherlands, Germany and France.

The opponents of the resolution, led by Pakistan on behalf of almost all members of the Organization for Islamic Cooperation (OIC), succeeded in adding amendments that framed the LGBT rights proposal as a cultural imposition intending to override local values and sovereignty. Other amendments included one urging respect for local values, “religious sensitivities,” or domestic politics and another one suggesting that the resolution undermines universal human rights values to “impose concepts or notions pertaining to social matters, including private individual conduct.” Albania, which is a co-sponsor of the resolution, was the sole member of the OIC to break from the bloc.

In the end, the outcome was positive although most of the amendments suggested by Pakistan and the OIC were adopted.

In the aftermath of the Orlando, Florida attacks in the United States, the International Institute on Race, Equality and Human Rights, consider this resolution as a huge step in the right direction, congratulates the Latin American Countries that co-sponsored this very timely resolution and looks forward to engage with the new independent expert.

 

For more information, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

Participation in General Assembly of the OAS – Inter-American Forum of Afro-descendants in Santo Domingo, the Dominican Republic

The International Institute on Race, Equality and Human Rights held the Inter-American Forum on Afro-descendants on Friday, June 10, 2016, in Santo Domingo, Dominican Republic, in conjunction with the Jacques Viau Network and DominicanosxDerecho. This annual civil society event, planned to coincide with the Organization of American States’ (OAS) General Assembly, this year brought together over ninety Afro-descendant and LGBTI activists from Latin America and the Caribbean.

The main objectives of the Forum were to promote the effective participation of Afro-descendant and LGBTI organizations in the General Assembly and broaden their advocacy opportunities before the OAS, and make more visible the rampant discrimination suffered by Afro-Dominicans and Dominicans of Haitian Descent in the Dominican Republic. To this end, the morning sessions of the Forum focused generally on the situation of Afro-descendants in the Americas, and the afternoon sessions on the specific reality of the Dominican Republic.

During the morning, the Institute welcomed the participation of a diverse array of speakers representing regional and national civil society organizations working on issues related to the human rights of Afro-descendants, as well as a special presentation via Skype by Zakiya Carr-Johnson, Director of the Race, Ethnicity, and Social Inclusion Unit at the U.S. Department of State. Several LGBTI activists also commented on overlapping and intersectional expressions of discrimination faced by both Afro-descendants, and lesbian, gay, bi-sexual, trans, and intersex individuals.

After a theatrical presentation by the group The Twelve Apostles, made up primarily of young Dominicans of Haitian Descent from bateys around Santo Domingo, panelists in the afternoon continued to focus the discussion on the situation of Dominico-Haitians. Speaking first about the historical 2014 decision of the Inter-American Court of Human Rights in favor of the restoration of rights for Dominicans of Haitian Descent, representatives from Dominican organizations that have continued to advocate for these rights commented that unfortunately the Court’s decision has not been implemented. Dominicans of Haitian descent continue to suffer discrimination and have largely been unable to obtain their identity documents; consequently, the number of registered voters in the last general election was ten percent lower than in previous elections.

The Forum concluded with a screening of the the documentary Lives in Transit, which focuses on the experiences of Dominicans of Haitian descent struggling to get their documentation. Participants were also given the opportunity to consolidate advocacy strategies for the Civil Society Informal Dialogue with OAS Secretary General Almagro, which was held on June 12, 2016.

 

Mandate Holders Present Thematic Reports at the Human Rights Council

Geneva, Switzerland. June, 24th.  Over the last two weeks, the Human Rights Council has been holding its 32nd session, and in the past few days, several of the UN Special Procedures Mandate Holders have presented their thematic reports during interactive dialogues where all States, National Human Rights Institutions and NGOs can comment, ask questions, make suggestions and even sometimes complaints.

Four of those thematic reports are of our immediate concern. The International Institute on Race, Equality and Human Rights congratulates the experts and their staff for their very comprehensive reports, which touch upon current challenges to protect and preserve human rights across the world.

The first report that concern us, was the shared by Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression presented who expressed his concerns on freedom of expression and the private sector in the digital age.

In his report, Mr. Kaye noted that recently, it is the private sector who is the driving force behind the greatest expansion of access to information in history.  Yet, the digital age has brought with it new questions and problems that international human rights mechanisms have not yet fully addressed. This report launched a multi-year endeavor to identify appropriate human rights norms for the private sector in the digital space and is the first step in an effort to identify the ways in which freedom of expression might be protected and promoted in the digital space.

During the interactive dialogue, speakers –States and Non-State actors- emphasized the importance of new information technologies and the Internet as a tool to promote peace, knowledge and economic growth.  They said that the right to privacy should not be undermined in the digital space and that freedom of expression online and offline must be practiced responsibly. They also noted that expansion of new technologies presented unprecedented new opportunities for freedom of expression, but also specific challenges needed to be overcome, such as repressive legislation, censorship and threats against journalists.

 

Full report can be found here.

 

The next day, Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association, presented his report on fundamentalist intolerance and its degrading effects towards assembly and association rights worldwide.

In this report he explores the phenomenon of fundamentalism and its impact on the exercise of the rights to freedom of peaceful assembly and of association. During the interactive dialogue, Mr. Kiai said that assembly and association rights are indispensable to democracy and development, as the glue that brought people together to explore society’s problems and solve them.  He said fundamentalism could include any movement, not just religious ones, that advocated strict and literal adherence to a set of basic beliefs or principles.

His report discussed four distinct types of fundamentalism: free market fundamentalism, political fundamentalism, religious fundamentalism and nationalist or cultural fundamentalism. The report, at its core, is about the struggle between tolerance and intolerance. Peaceful assembly and association rights are so fundamental, in part because of their crucial role in promoting pluralism.  He detailed the challenges each of the four types of fundamentalism he had identified presented to the rights to freedom of peaceful assembly and of association, noting that regarding political fundamentalism, his report cited the Democratic People’s Republic of Korea, Bahrain, China, Cuba, Eritrea, Lao People’s Democratic Republic, Oman, and Saudi Arabia as notable examples.

He stressed that it is fundamental for people to have a system which would allow them to disagree with mainstream opinions.

 

Full report can be found here.

 

A few days later, the Human Rights Council began its clustered interactive dialogue with Dubravka Šimonović, Special Rapporteur on violence against women its causes and consequences, and Frances Radday, Chair of the Working Group on discrimination against women in law and in practice.

When presenting her report, Ms. Šimonović said an intermediate priority for the mandate would be to focus on the use of data on violence against women as a tool for its prevention and that in that regard she had already called upon States to establish a “femicide watch” or a “gender-related killing of women watch”, in order to inform the effective measures and strategies needed to prevent femicides. Other thematic priorities would, inter alia, include the protection of and services for women survivors of violence; the possibility of formulating a global code of conduct for security and police forces in carrying out their key role of prevention of violence against women; violence against women in the context of forced displacement and refugee flows; and the examination of connections between fundamentalism and gender-based violence against women and its root causes.

This thematic report examined the general context and main trends and challenges posed by violence against women, noting that the legal and policy landscape around the mandate had changed owing to developments in international and regional frameworks and mechanisms on violence against women.  At the same time, violence against women was still at pandemic levels, widespread and persistent.

Later, in her presentation, Ms. Frances Raday, Chair of the Working Group on discrimination against women in law and practice, presented the Group’s thematic report on discrimination against women in the area of health and safety.  Women’s right to equality in health and safety, including reproductive and sexual health, are enshrined in international and regional human rights instruments. The different biology of women and men necessitated differential treatment in the area of health, an identical approach to treatment, medication, research, budgeting, and accessibility to health services for women and men in fact constituted discrimination. The Working Group called on all Member States to reaffirm and respect the commitments they had made in the Sustainable Development Goals and other agreements.

In the interactive discussion, concerning violence against women, speakers underlined the issue of violence against women in the context of conflict, namely sexual harassment, early marriage, violence during conflict, fight against stereotypes and female genital mutilation.

As for discrimination against women in law and practice, speakers raised concerns over the disproportionate level of discrimination against women in the area of health and safety, particularly in their right to sexual and reproductive health.  Health policies tailored to specific needs of women should not be politicized, and it was vital for women to participate in all decision-making.  Speakers insisted on the importance of ensuring the security and health of all women through targeted measures, appropriate budgets and monitoring activities.

Women’s rights had to be viewed in a holistic way.  There had to be an emphasis on the provision of affordable and modern contraception, and family planning.  Due diligence was an obligation under the Convention on the Elimination of All Forms of Discrimination against Women and under that obligation States not only had to provide health services but also had to regulate private sector health providers to prevent discrimination. Good practices in general would be examined by the Working Group in its next annual report.

 

Both reports can be found here.

 

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp and follow @raceandequality on Twitter.

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