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 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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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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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.   

• Learn about CEDEMUNEP´s work here   
• Learn about Race and Equality’s work in Peru here  

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