Afro Latines Advocacy Week: Race and Equality brings organizations from Brazil and Colombia to Washington, D.C.

Afro Latines Advocacy Week: Race and Equality brings organizations from Brazil and Colombia to Washington, D.C.

Washington, D.C., September 27th 2022 – From the 27th to the 30th of September, the International Institute on Race, Equality and Human Rights (Race and Equality) brings human rights organizations from Brazil and Colombia to Washington, D.C., working to promote and defend the rights of the Black and LGBTI+ population.  In order to promote an exchange of political advocacy strategies between the Afro-Latine and the Afro-American movements, the meetings will take place within the framework of Black Caucus Week; an annual conference of Black U.S. Congress that aims to boost and debate the civic engagement of the Black population. In addition, the delegation participates in academic meetings with U.S. civil society organizations and private meetings with congress members and state departments.

The Brazil-Colombia delegation present in Washington D.C is formed by the organizations: Geledés – Instituto da Mulher Negra (BR) that will be represented by Rodnei Jericó da Silva, Coordinator of SOS Racismo;  NGO Criola (BR) with the presence of the Project Coordinator, Lia Manso;  Somos Identidad (COL), with the Founder Johana Sinisterra and the Legal Representative Sandra Milena Ibarbo;  and the Asociación Nacional de Afrocolombianos Desplazados (AFRODES – COL), with the presence of Coordinator Luz Marina Becerra.  Representing Race and Equality, the Executive Director Carlos Quesada; Zuleika Rivera, Senior Officer of the LGBTI Program and Brazil Program Officer, Nathaly Calixto, will be present at these meetings.

In this exchange among Black Pan-American organizations, the Latin American organizations aim to take the Black and LGBTI+ perspectives of the global southern diaspora for an effective political impact, as well as exchanges of good practices so that they can move together to achieve plural racial justice. It’s important to emphasize that, for Race and Equality, these meetings are an opportunity to promote strategies of structural political changes with an intersectional bias; as Brazil is in the electoral period, Colombia’s President values racial agendas and, this year, the U.S. Congress goes through midterms elections.

“It’s precisely in this configuration that we empower organizations to act with political implications. Being able to talk to Black U.S. Congress members about the Latin American racial agenda is one way to influence the Biden administration, because it needs a congressional majority to pass its agendas.  It is in this sense that we plan to ensure and strengthen international human rights agreements on racial and gender justice and, in this case, there’s nothing better than organizations to guide the demands of their countries,” says Carlos Quesada.

Brazil and Colombia: In Search of Racial Justice

As the U.S. academic community seeks to understand and foster studies on the Black diaspora, the BRA-COL delegation will meet with academics and students at Howard University to share the efforts of regional civil society organizations in defending human rights. The idea is to show that even though racism is a global issue, the different sociocultural dynamics and the deficit economic contexts produced by centuries of colonialism, impact primarily on the most vulnerable populations in Latin America and Afro-Caribbean. In this case, to make known the racial and gender equity agenda of these organizations, can stimulate studies that provide, in  the future, the construction of equitable global public policies.

Brazil, for example, has the highest murder rate of LGBTI+ people in the world, and this incidence rate cross-referenced from an intersectional perspective is highest in trans-Black women in vulnerable situations. The organizations Geledés and Criola, together with Race and Equality in Brazil, conducted a survey monitoring the closure of civic spaces, in which they mapped that the rise of an ultraconservative agenda has generated attacks on the Brazilian democratic system, criminalization of human rights defenders and the immobilization of citizen participation councils and associations. With this, there are growing attacks and hate speech against Black women and elected LBTIs who intend to participate in the political life of the country.

In Colombia, for years the Afro-Colombian community has suffered a process of marginalization and vulnerabilization, and the civil society and Afro-Colombian leaders have denounced the existence of a geographical apartheid reinforced by structural and institutional racism.  This same structure resonates in erasing the struggle for the existence of ethnic peoples, which reinforce that civil rights in the country must be thought of in multiethnic and multicultural perspectives, taking into account how racist violence impacts these territories and racialized bodies. Similarly, for Colombian LGBTI+ people, the scene of gender and racial violence continues to increase: from January to June 2022,  354 victims of  sexual orientation assaults were recorded, 324 of whom suffered some physical abuse and  229 suffered these abuses within their own families.

The excessive use of police force in both Brazil and Colombia is a complaint presented to international human rights mechanisms.  The armed conflict in Colombia and police forces in Brazil intersect in the profile of their victims: Black people in vulnerable living conditions in territories whose presence of the state is marked by police violence. In Colombia, at least 1,144,486 people who identified themselves as part of the Black population were recorded as victims of armed conflict, according to data from the National Information Network, which corresponds to 38.38% of the total. In Brazil, the Brazilian Public Safety Yearbook points out that of the total of 6,145 deaths by police intervention, in 2021, 84.1% were Black and 15.8% were white.

Why the Black population is seen as a threat

In addition to this question and many others that permeate the racist structure that found the police corporations of Latin America, Race and Equality in partnership with organizations in Brazil and Colombia, continue in a regional project to confront and denounce racist police violence in both countries.  In the face of this meeting in Washington, D.C., police violence that intersects with the Black and LGBTI+ populations will also be the subject of meetings to placate this colonial modus operandi, in which Black bodies are exempt from the presumption of innocence and, because they exist, are victims of all violence and seen as a threat, whether in Latin American countries or Anglo America.

In view of this, racism, gender-based violence and LGBTIphobia pose the real threat to a system of oppression that disrespects inalienable human rights and international treaties that value their guarantees. For this, Race and Equality with the BRA-COL delegation intend to denounce to the American Congress members the current milestones of violation of the rights of the Black population and LGBTI+ Latin America. The exchange of these dissenting voices reaffirms the purpose of further denouncing racism and its different forms of violence that prevent the full exercise of citizenship, freedom of expression and the right to development of these countries as a call for partnership and inclusion of the Black population of all the Americas.

Brazilian delegation participates in the pre-sessions of the UN-UPR in Switzerland with recommendations on racial discrimination in Brazil

Brazil, September 15th, 2022 – With Brazil’s review approaching in the 4th Cycle of the Universal Periodic Review (UPR), The International Institute on Race, Equality and Human Rights (Race and Equality) promoted a series of meetings, in July and August, along with civil society organizations that work on issues of race, gender and sexual orientation in Brazil, including Embassies in Brasília and their respective Permanent Missions, in Geneva, Switzerland. The Universal Periodic Review is a mechanism developed by the United Nations (UN) Human Rights Council to assess the human rights situation in each of the UN member countries.

The meetings in Geneva took place between August 29 and September 2, and the following organizations participated: Grupo Conexão G de Cidadania LGBT de Favelas (RJ), represented by the current Director General Gilmara Cunha, a trans woman, community leader, and activist of human rights; NGO Criola (RJ), with the presence of Mônica Sacramento, the Institution’s Project Coordinator; Marielle Franco Institute (RJ) with its Executive Director Anielle Franco; Geledés – Instituto da Mulher Negra, represented by Nilza Iraci, Coordinator of Political Incidence. On behalf of Race and Equality, the Executive Director, Carlos Quesada; David Veloso, Human Rights Consortium Coordinator; Gaia Hefti, Advocacy Officer in Geneva; and Leilane Reis, Race and Gender Officer of Brazil all took part in the meetings.

Due to the importance of demonstrating at the regional and international level the current framework of human rights violations in the country, in addition to seeking to raise awareness around the need for more targeted recommendations for the black population, LGBTI+, and indigenous peoples, this delegation has actively participated in human rights mechanisms by sending reports. The agenda in Geneva represented a continuity of the work of political incidence in Brasilia. There were five days of meetings focusing on the visibility of the current situation of racial discrimination in Brazil, leading to the Permanent Missions, the United Nations High Commissioner for Human Rights (OHCHR), and Independent Experts’ specific recommendations on the subject.

Geneva Agenda

On August 30, several Brazilian organizations were selected by the UN Human Rights Council to speak on the situation in the country during the pre-session of the UPR, and propose the recommendations to the Brazilian State, who was also present at the event, with its Permanent Mission. It should be noted that the Report of the Brazilian State for the evaluation of the IV cycle of the UPR was only published on the eve of the pre-session of the UPR, leaving civil society in the dark regarding what information was published. Representing the Brazilian delegation, Anielle Franco was invited by the organizer of the pre-sessions, the NGO UPR Info, to speak on the intersections of police brutality and racism in Brazil. The activist brought to light the recent massacres in Rio de Janeiro and the murder of the young black, pregnant woman, Kathlen Romeo.

“These are cases that indicate that the death of the black population in Brazil is a systemic issue, promoted by the Brazilian authorities and covered up by the police forces. Instead of investigating the massacres and discriminatory violence against the Afro-Brazilian population, the Brazilian government and police try to legitimize these police operations and attack Brazilian human rights organizations, such as the Marielle Franco Institute.”

On August 31, the International Day of People of African Descent, Race and Equality held a hybrid event entitled, “Racial Discrimination in Brazil: Violence against the Black Population and Indigenous Peoples.” The event was attended by the delegation present in Geneva and aimed to make the recommendations made by these organizations for the 4th cycle of the UPR visible to the general public, expanding beyond closed meetings with Embassies and Permanent Missions. In addition, the event was also an important tool of international political advocacy for the construction of networks and partnerships between Brazilian and international organizations.

The Brazilian delegation had the opportunity to take the recommendations to the Ambassador of Chile in Geneva, Claudia Fuentes Julio. They also met with the Embassies of Canada, Australia and Argentina, the Permanent Mission of Costa Rica, France, Germany and Colombia, and with Gay McDougall, Rapporteur of the UN Committee on the Elimination of Racial Discrimination (CERD), which is responsible for monitoring the International Convention on the Elimination of All Forms of Racial Discrimination. Faced with the current picture of violations presented, a review that will take place in November this year, charging the Brazilian State for covering up the racial issues in the country.

It is important to highlight that the delegation provided ample space for listening and dialogue in meetings with experts from UN treaty bodies, experts on afro-descendant peoples, and experts from the mechanism on police violence created by the UN in 2021. In addition, the Brazilian delegation was received by the United Nations High Commissioner for Human Rights (OHCHR) who is charging the Brazilian State for neglecting the well-being of the black, indigenous, and LGBTI+ populations.

International Incidence: The Paths to Geneva

The task of illuminating the ongoing human rights violations in the country for international mechanisms and their support is a major commitment for Race and Equality with civil society organizations in Brazil. For this, technical training work and support to these institutions are necessary so that their complaints and demands arrive instrumentalized to the Experts and Rapporteurs of each international body; this work is called advocacy and/ or political incidence. During the Race and Equality event in Geneva, the Executive Director, Carlos Quesada, stressed the importance of the daily construction of advocacy strategies in Brazil, “to train grassroots organizations to promote political actors through a technical training methodology so that these organizations can generate sustainable structural changes.”

Thus, in order for the Brazilian delegation to be received with its recommendations in Geneva, it was necessary to hold a meeting in Brasilia, with the Embassies of the countries that will review Brazil in the 4th cycle of the UPR, and the other Embassies present at the UPR Human Rights Council. The meetings in Brasilia took place from July 27 to July 29, and were attended by: Gilmara Cunha, General Director of the Grupo Conexão G de Cidadania LGBT de Favelas (RJ); Marina Fonseca, Anthropologist and Political Advisor at the NGO Criola (RJ); Fabiana Pinto, Sanitarian and Coordinator of Incidence and Research at the Marielle Franco Institute (RJ); and Rodnei Jericó, lawyer and Coordinator of SOS Racism of Geledés (SP). Representing Race and Equality were present: Leilane Reis, Officer of the Race and Gender Program and, Adriana Avelar, Incidence Officer in Brazil.

The meetings in Brasilia were with the Permanent Missions that evaluated Brazil in previous periods in themes of interest to the group that are connected with the current and fragile Brazilian democratic system: European Union, United States, Norway, Canada, Germany, France, Switzerland, Australia, Argentina, UK, Colombia and Chile.

The organizations sought to make visible the current regulatory frameworks that have exacerbated the vulnerability of black, indigenous and LGBTI+ populations in Brazil since the last review of the UPR, taking into account the precariousness of life due to the effects of the pandemic. Based on the recommendations made by the Embassies visited, the following themes were discussed: violence against the LGBTI+ population, police violence against the black population, black women’s health, closure of civic spaces, and indigenous peoples’ rights. The intention was to establish a dialogue with recommendations for the next cycle, to point out the social markers in force in Brazilian society and to be able to highlight the real situation of human rights violation in Brazil.

The work of political incidence is actively built-in partnership with Brazilian organizations, it’s necessary to be connected with the political and legislative proposals of the Brazilian Government so that effective action can be taken to ensure the construction and implementation of international treaties and agreements. The purpose of the route from Brasilia to the pre-sessions of the UPR in Geneva is to welcome the recommendations of the Brazilian delegation during the review of Brazil at the UPR session, which will take place on November 14, at 2:30 pm (Geneva time), and at 9:30 am (Brasília time).

What are the next steps?

The UPR is a UN mechanism in which State Parties evaluate State Parties. Therefore, UPR, along with civil society can impactfully highlight the human rights violations in Brazil and influence the evaluating states to accept its recommendations in the assessment process. As mentioned earlier, Brazil also delivered its report, in which it said it had consulted civil society on the human rights situation in the country. With this, an analysis based on advances, setbacks, and good practices is performed from all information received and, finally, the evaluated State must apply the recommendations of its peers.

If the recommendations of the Brazilian delegation are accepted and promoted by the State Parties during the UPR, the next task is to present them to the new Government that will take office in 2023, so that it becomes aware of the work of political incidence of civil society organizations. From there, the recommendations should be ratified and implemented in Brazil’s four-year public policies. Thus, civil society carries the responsibility to monitor compliance with the agenda in combating racial discrimination granted in the UN Universal Periodic Review. Race and Equality follows alongside these organizations to monitor and pressure the government in applying the international agreement.

Finally, to collaborate with the United Nations Universal Periodic Review mechanism, Brazilian organizations supported by Race and Equality propose, among others, the following recommendations addressed to the Brazilian State:

I) Ensure the occurrence of investigations into crimes committed against LGBTI persons in favela territory, enabling the collection of public data on such crimes.

II) Take urgent measures to curb and eradicate police violence at any stage of action by civil police, military, and armed forces in carrying out missions on Brazilian soil.

III) Recreate participatory councils and collegiate groups that allow participation and indigenous social control in the formulation, monitoring, implementation, and evaluation of indigenous policies of the Brazilian State in the areas of territorial management, education, health and culture, alongside the establishment of programs and measures to prevent and punish racism, discrimination, and violence against indigenous peoples, and to promote ethnic and racial equality, autonomy, and the right of peoples to be different.

IV) Conduct the implementation of the National Plan for the Protection of Human Rights Defenders and institutionalizing the Protection Program for Human Rights Defenders, Communicators and Environmentalists (PPDDH) by expanding its structure in the 26 states of the country and DF, establishing budgets, regulations and specific strategies for the reception and follow-up of cases of black, trans, and transvestite women human rights defenders, representatives of traditional peoples and communities; create indicators for monitoring and judicial mechanisms for the accountability of their main violators, highlighting the use of police brutality and militarized groups employed to suppress rights and freedoms of expression, association, belief, assembly, and political participation in Brazilian civic space.

V) Ensure access to reproductive health services, including ensuring that abortions are carried out under the conditions provided for in current legislation, without bureaucratic obstacles or embarrassment to people who are pregnant and seek care, giving special attention to the situation of black pregnant and parturient women who suffer from the impact of institutional racism on maternal health.

Key points of the Cuban Family Code draft, an initiative that will be submitted to a popular consultation on September 25

Washington, D.C., September 12, 2022 – On September 25, Cubans will answer yes or no to the question, “Do you agree with the Family Code?” The population is called to participate in a referendum to discuss the direction of the proposal of the new Family Code, a project composed of 471 articles and which, among its most important points, recognizes equal marriage, the redistribution of domestic work and care, the prevention of gender-based violence, and a number of rights that are aligned with the recognition of diverse families.

The new Family Code is an initiative that emerged after it was established in the Constitution of the Republic of Cuba (which was reformed in April 2019) – the National Assembly of People’s Power should begin the process of popular consultation, within a period of two years, to “figure out a way to establish marriage.”[1]

As a result, the project has generated all kinds of reactions in Cuba, due to the decision of the Cuban State to submit to a referendum, this proposal expands the rights of children and adolescents on the Island, and of other population groups that historically have been victims of violence and discrimination, such as people with diverse sexual orientations and gender identities, women, older adults, and people with disabilities. These rights should be guaranteed without the need for Cubans to approve them; that is to say, the government of this country must work so that these rights are recognized without resorting to a popular consultation or any mechanism of citizen participation. Human rights should not be negotiable or subject to an approval process.

The legal team of the International Institute on Race, Equality and Human Rights (Race and Equality) analyzed the Family Code draft, here are some key points:

  • The new bill broadens the concept of the traditional family, consisting of a man and a woman. In this way, the different forms of families are incorporated, recognizing rights for affective de facto unions, regardless of the legal ties that are established.[2]
  • It incorporates concrete guidelines to ensure equality between men and women, such as the equitable distribution of domestic work and care work. It also includes the right of women to decide about their own bodies and the full development of sexual and reproductive rights, regardless of sex, sexual orientation and gender identity, or if they are disabled.
  • Expands the spaces for participation and decision-making of children and adolescents.
  • It incorporates considerations on discrimination and violence in the family, provides the possibility of resorting to the authorities to request protection, and the option of claiming damages caused by this type of aggression. The project foresees sanctions for those who engage in family violence.
  • The proposal of the new Family Code expands the bonds of people who constitute kinship and recognizes affection as a determining source. It also establishes the socio-affective bond that is sustained on the basis of a stable relationship over time, which can justify filiation. This extension refers to other articles related to food, family communication, and hereditary vocation.
  • It incorporates specific considerations concerning older persons and persons with disabilities, such as foster care, which aims to keep these population groups in a regular social environment or incorporate them into a family environment that facilitates their integration and inclusion.
  • This initiative also includes the recognition of adoptive, assisted and socio-affective filiations, it offers the possibility of recognizing the different forms of family that exist in Cuba. It also incorporates the figure of multiparentality, which implies that a person may have more than two filiation bonds, either for original causes, or for overtaken causes. And it establishes the possibility for families to choose the order of their surnames.
  • Couples in registered partnerships, regardless of their sexual orientation or gender identity, will have the same right to adopt that married couples have historically had. The possible age to be adopted is also extended to 18 years.
  • The project introduces the possibility of using methods of assisted filiation, which is when the fertilization of an ovule is done without sexual union.
  • It also regulates the possibility of resorting to gestation solidarity in certain situations, a practice that is currently illegal in Cuba.
  • While in the old code marriage is defined as the “voluntary union of one man and one woman,” in this project it is called, “voluntary union of two people.” Children under 18 years of age may not marry.
  • This new bill also refers to the parental responsibility that must be assumed by those who have underage children in their care. In the document, the introduction of concepts such as “positive parenting” and aspects such as education for responsible sexuality, non-discrimination and non-violence are highlighted.
  • The right of children and adolescents to a digital environment free of violence is incorporated.
  • The care of children and adolescents is also addressed, and it is established that grandparents, grandmothers, and other relatives or emotionally close people can also take care of minors.
  • This bill includes considerations that promote family communication.

From Race and Equality, we insist that the State of Cuba recognizes the human rights of all the people who reside in its territory, regardless of any popular consultation. It is necessary that the authorities provide guarantees so that Cuban society can grow and develop in an environment in which its rights are fully recognized, without fear or limitations. We demand that the Cuban government comply with its international human rights obligations and guarantee the fundamental rights of its entire population, without discrimination of any kind.

***

[1] Constitución de la República. Preámbulo. Texto disponible en: https://www.gacetaoficial.gob.cu/es/constitucion-de-la-republica-de-cuba-proclamada-el-10-de-abril-de-2019

[2] Proyecto Código de las Familias. Versión 25. Texto disponible en https://www.parlamentocubano.gob.cu/sites/default/files/documento/2022-07/CF%20V%2025-140622%20VF%20%20Para%20ANPP%20%282%29_0.pdf

UN Special Rapporteur on the rights to freedom of peaceful assembly and of association deeply concerned about the closure of spaces in Nicaragua, Guatemala, El Salvador and Honduras

San José, September 7, 2022 – Central America is going through a spell of serious setbacks regarding the respect and guarantee of the foundational rights and liberties  to civic spaces, including the freedoms of expression and of peaceful assembly and association, particularly in countries such as Nicaragua, El Salvador, Honduras and Guatemala. The current context  poses a dire threat to just, peaceful and inclusive societies in the region.  

In this context, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, conducted an academic visit in Costa Rica, to talk about his mandate’s activities to promote and protect these rights in the region. 

During the visit, which took place between 29 August and 2 September, the Rapporteur had the opportunity to meet with representatives of the Inter-American Court of Human Rights, the Costa Rican Bar Association, the Diplomatic Academy and the United Nations University for Peace, among others. 

On September 1, at the headquarters of the University for Peace, a conference took place with university students, with the participation of the Dean of UPEACE, Juan Carlos Sainz-Borgo, and Mr. Mihir Kanade, Director of the Human Rights Center & Academic Coordinator at UPEACE and President of the UN Expert Mechanism on the Right to Development.

During the visit, Special Rapporteur Voule participated in a presentation at the Diplomatic Academy “Manuel María de Peralta” in San José, together with Ambassador Carmen Claramunt, Deputy Director of the Diplomatic Academy. 

Nicaragua

“In Nicaragua, one of our main concerns I raised with authorities throughout my engagement with them are the laws that have been adopted between 2020 and 2022, notably the Law of Foreign Agents and the Law of Regulation and Control of Non-Profit Organizations”, said Voule during his presentation at UPEACE.

“The provisions of these two laws are being used by the Nicaraguan authorities to  suppress civic space by criminalizing human rights defenders and opposition leaders and dissolving hundreds of civil society organizations”, he added.

In his presentation, the Special Rapporteur placed special emphasis on the seriousness of the situation in Nicaragua since 2018. The socio-political crisis that began more than 4 years ago has resulted in the quasi-total closure of civic space, the curtailment of the freedom of association, and the repression of almost all peaceful demonstrations critical of the government. 

The Special Rapporteur emphasized that through such  laws, more than 1600 non-governmental organizations have been closed in the country, according to the information he received.

“The situation is tense, even in our capacity. We have not been able to enter the country. Those I’ve been able to speak with have said that their properties were confiscated. We’re now seeing other countries attempt to replicate this dire situation  for civic space, and my mandate wants to prevent that. That’s why I came to Central America”, the Special Rapporteur said.

The closure of these spaces has worsened since the approval of the Law for the Regulation of Foreign Agents passed by the Nicaraguan congress in September 2020, which was used as a pretext to close civil society organizations in the country.

The month of its adoption, the mandate sent a communication to the Government of Nicaragua expressing its concern about the incompatibility of the Law on Foreign Agents and the Law on Cybercrimes with the country’s international obligations, particularly with regard to human rights. The Special Rapporteur stated that the law’s scope of application was overly broad and lacked in clarity. This legislation prohibits those classified as “foreign agents” from intervening in Nicaraguan affairs, political issues or internal activities, without these terms being clearly defined.

El Salvador

Similarly, in the region, the Government of El Salvador is in discussion since 2021 to adopt  a similar law which has raised concerns across various sectors, as they fear it will generate a similar situation to the one in Nicaragua and will lead to the closure of hundreds of civil society organizations.

Among others, the Special Rapporteur expressed his concerns about provisions  creating a registry of foreign agents that severely limits access to funds from external sources. The Special Rapporteur stressed that he was gladto receive a reply from the Government stating that the consideration of this law had been suspended. 

Guatemala

In Guatemala, the Rapporteur raised his  concerns over the abuse of emergency measures to prohibit and suppress peaceful protests, in addition to the increased militarization and politicization of civic protests. These concerns were conveyed to the authorities through an official communication.

Honduras

Honduras is also one of the countries in the region that has warranted particular  attention from the Special Rapporteur’s mandate.. Mr Voule has shared his concerns through official channels with the Government over the criminalization of, as well as the attacks and judicial harassment against civil society leaders, which has resulted in several deaths. 

On the Rapporteur’s mandate

Mr. Clément Nyaletsossi Voule was appointed Special Rapporteur on the rights to freedom of peaceful assembly and of association by the Human Rights Council and assumed his functions in April 2018. 

The mandate he holds submits annual reports to the Human Rights Council and the United Nations General Assembly, as well as conducts official country visits to assess the situation with regards to the rights to freedom of peaceful assembly and of association in a country, and present recommendations.

The Special Rapporteur additionally transmits urgent appeals, other letters, and letters of allegation to Member States on alleged violations of the rights to freedom of association and peaceful assembly.

In June 2022, the Special Rapporteur presented to the Human Rights Council his most recent thematic report on “Access to resources”, as well as his report on: “The Protection of human rights in the context of peaceful protests during crisis situations.”

International Day for People of African Descent: What Are We Doing to Promote and Defend their Rights?

Washington D.C., August 31, 2022.  This August 31, the International Day for People of African Descent celebrates its second year, promoting respect for human rights and fundamental freedoms of people of African descent. In the Americas, there are 134 million people of African descent, according to the Economic Commission for Latin America and the Caribbean (ECLAC). This population continues to face human rights challenges and is victim to different manifestations of discrimination and violence.

For this reason, as the International Day for People of African Descent is commemorated once again, the International Institute on Race, Equality and Human Rights (Race and Equality) encourages States to assume and implement actions for the promotion and protection of this vulnerable population, using the frameworks of the International Decade for People of African Descent, and other existing mechanisms within the Inter-American System and the United Nations.

About August 31 and Other International Mechanisms

On December 16, 2020, the United Nations General Assembly adopted Resolution 75/170 proclaiming August 31 as the International Day for People of African Descent. “To promote greater recognition and respect for the diversity of the legacy, culture, and contribution of people of African descent to the development of societies, as well as to promote respect for the human rights and fundamental freedoms of people of African descent,” reads the Resolution.

The plan of activities for the International Decade for People of African Descent (2015-2024) has been the driving force behind this type of action. One of its main objectives is to adopt and strengthen national legal frameworks in accordance with the Durban Declaration and Programme of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, ensuring their full and effective implementation.

Additionally, the record of acts of discrimination and violence against people of African descent—such as the murder of the African-American citizen George Floyd in May 2020 in the United States—has impacted the vigilance and adoption of international mechanisms for the human rights of Afro-descendant populations and racial justice.

For example, a month after Floyd’s death, the UN Human Rights Council adopted Resolution 43/1, “Promotion and protection of the human rights and fundamental freedoms of Africans and people of African descent from excessive use of force and other human rights violations by law enforcement officials,” which calls for widespread attention to racism and implores States to take an active role in meeting their objective of racial justice.

In 2021, the United Nations adopted two important mechanisms. One of them is the Permanent Forum of Afro-descendants, which was approved in August through Resolution 75/314 of the United Nations General Assembly, with the mission of being an advisory body of the Human Rights Council. Among its mandates is that of, “contributing to the full political, economic, and social inclusion of Afro-descendants in the societies in which they live, with an equal footing to other citizens and without discrimination of any kind and contribute to ensuring the equal enjoyment of all human rights.”

Moreover, in a resolution adopted on July 13, 2021, the Human Rights Council decided to establish an international mechanism of independent experts, composed of three experts with experience in law enforcement and human rights, and appointed by the chairman. Its mandate is to examine systemic racism and the excessive use of force and other violations of international human rights law against Africans and people of African descent by law enforcement officials around the world.

What are we doing?

To contribute to living in a more just and equitable society, Race and Equality works with partner organizations in Latin America and the Caribbean in the defense and protection of the rights of people of African descent and Afro-LGBTI+ populations, using capacity building to promote visibility, documentation, and strategic litigation before the Inter-American System and the United Nations.

In July, in Brazil, Race and Equality organized a visit by Margarette May Macaulay, the Rapporteur for People of African Descent of the Inter-American Commission on Human Rights (IACHR). The Commissioner had the opportunity to hear complaints from the black population, especially those related to police brutality and religious racism. In addition, in May Race and Equality launched the ‘Kátia Tapety Political Training School’ for Afro-BLTI women, with the aim of strengthening civil participation in collective decision-making spaces, with particular emphasis placed on reducing gender and race gaps in political participation at the regional, national, and global level.

Additionally in Brazil, Race and Equality has been working on projects that denounce the closure of civic spaces for black and indigenous movements; the fight against religious racism; the protection and defense of the Afro-LGBTI+ populations; the political strengthening of black, indigenous LBTI women; and the fight against police violence. It also monitors the implementation of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI), which was ratified at the end of 2021 in Brazil.

In Colombia, Race and Equality carried out, in conjunction with organizations in Cali, documentation activities and the preparation of a report on the effects and differential impacts of violence against people of African descent in Cali within the framework of the 2021 National Strike. In the coming days, together with the organizations Ilex-Acción Jurídica, Temblores NGOs, and the Consultancy for Human Rights and Displacement (CODHES), Race and Equality will publish a national report on police brutality and racial bias.

In relation to advocacy processes before the United Nations on the disproportionate use of force against people of African descent, Race and Equality recently presented a report for the Mechanism of Experts to Promote Justice and Racial Equality in Law Enforcement. It also submitted a report on inputs for the preparation of the report of the United Nations High Commissioner for Human Rights pursuant to Human Rights Council resolution 47/21- this in coalition with Ilex-Acción Jurídica, CODHES, Black Communities Process (PCN), and the Center for Afrodiasporic Studies (CEAF) of the ICESI University of Cali.

In Mexico, within the framework of the International Day of Afro-Latin, Afro-Caribbean and Diaspora Women, Race and Equality launched on July 25 the project, “Promotion of an anti-racist agenda to strengthen the work of civil society organizations in the fight against racism and racial discrimination in Mexico,” which is being implemented thanks to the support of the W.K. Kellogg Foundation.

One of the first activities of this project consisted of a cycle of conferences given between August 25 and 26 by Dr. Pastor Murillo, a member of the UN Permanent Forum on People of African Descent. The conferences, which were held both in Mexico City and in Mérida, Yucatán State, revolved around international tools to combat racism and racial discrimination, and the role of universities.

At the regional level, Race and Equality maintains the CIRDI 2024 campaign, “towards a region free of racial discrimination,” for the promotion of the signature, ratification, and implementation of the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance (CIRDI). Within the framework of this campaign, Race and Equality has considered working hand in hand with local organizations to strengthen their monitoring capacities in countries where this Convention has been ratified, as well as advocate in other countries where it has only been signed.

Race and Equality continues to make racial discrimination visible utilizing an intersectional perspective, through the Inter-American Forum against Discrimination, an event held each year with the participation of international experts and activists from the region. Its main objectives are to promote the effective participation of non-governmental organizations in the framework of the OAS General Assemblies and Summits of the Americas, to improve their impact within the system, and to make visible both the different discriminations faced in the Americas and the main demands of the different sectors of the population that are victims of discrimination, especially Afro-descendants and LGBTI population.

For Race and Equality, it is important to emphasize the promotion and protection tools offered by international mechanisms, such as CIRDI, for the benefit of people of African descent. We firmly believe that it is through these instruments States can adopt and implement clear and effective policies to guarantee the human rights and social welfare of people of African descent. To this end, it is essential to work with civil society organizations that protect the rights of this population, since they guarantee the visibility of their realities, and follow up on national and international commitments.

On August 31, Race and Equality reaffirms its commitment to defend and protect the rights of people of African descent in the Americas and calls on States to adopt measures and strengthen those already in place, based on the recognition of the historical inequalities that this ethnic group has faced. Two years before the end of the International Decade for People of African Descent, this task is not only urgent, but represents a true commitment to democracy and social inclusion.

IACHR denounces that Cuba has faced six waves of repression in the last year

Washington DC, July 28, 2022 – Commissioner Edgar Stuardo Ralón, Rapporteur for Cuba and on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture of the Inter-American Commission on Human Rights (IACHR), and First Vice President of this organization, assured that six waves of repression have been registered on the Island in the last 12 months. The statements were made at the event ‘Cuba: A year after 11J’, which was held on July 18, 2022 in Washington DC, and was co-sponsored by the International Institute on Race, Equality and Human Rights (Race and Equality) and the IACHR, with the support of the organizations Artists at Risk Connection, PEN America; PEN International; PEN Cuban Writers in Exile; and Civil Rights Defenders.

“The first wave dealt with the use of force and campaigns of intimidation and stigmatization. The second, arbitrary arrests, mistreatment, and deplorable conditions of detention. The third consisted of the criminalization of demonstrators, judicial persecution, and violations of due process. The fourth, closure of democratic spaces through repressive and intimidating strategies aimed at discouraging new social demonstrations. The fifth wave was evidenced by the continuity of the deprivation of liberty, and the trials without guarantees of due process. And the sixth is the legislative proposals aimed at limiting, monitoring, and punishing dissident expressions and critics of the government, as well as criminalizing the actions of independent civil society organizations,” said the Commissioner during the event that commemorated one year of the peaceful protests on July 11 and 12, 2021, also known as 11J.

Each of these moments, according to the Rapporteur for Cuba, have been recorded after the “most massive demonstrations in the recent history of the Island” took place, which left 1,484 people detained, including 57 boys, girls and adolescents between the ages of 12 and 17. Although a year has passed since the marches, there are still more than 600 people who remain deprived of liberty for having exercised their right to free expression, according to the director of Cubalex, Laritza Diversent, who also participated in the commemorative event and has compiled, together with the 11J Justice Movement, statistics on the human rights violations that have been evidenced since then.

Commissioner Ralón also stressed that the IACHR has condemned the state repression against people who participated in or supported the peaceful protests in Cuba and assured that the organization has shown its concern about the arrests, the trials with sentences ranging from 5 to 30 years in prison, the cases of repression denounced by activists, artists and independent journalists; and legislative proposals aimed at limiting, monitoring and punishing expressions critical of the government.

“The Commission observes that the first results of the sixth wave, for example, began with the new regulations on telecommunications and cybersecurity (Decree Law 35 on telecommunications and Resolution 105 on response to cybersecurity incidents, of August 17, 2021), and culminated in the approval of a new Penal Code (May 15, 2022), which establishes broad and imprecise categories that would give room for arbitrary and discretionary application by the State,” said the Rapporteur for Cuba.

Voices that reveal human rights violations

The waves that have arisen after the 11J protests have been registered in the midst of the shortage of medicines and food, the serious economic crisis, and the recurrent blackouts that affect thousands of families on the Island. “We still see that the causes that motivated the protests persist. The balance is not encouraging and there are no structural solutions […]. From the Office of the Special Rapporteur on Economic, Social, Cultural and Environmental Rights (RESCER), we observe a general increase in poverty”, said Soledad García Muñoz, Special Rapporteur on Economic, Social, Cultural and Environmental Rights (DESCA), who also was part of the panel at this event.

Cuban independent journalist Orelvys Cabrera, one of the panelists at the meeting that took place on July 18, is one of the more than a thousand people who have experienced the waves of repression highlighted by Commissioner Ralón. He was arrested during the peaceful demonstrations in July 2021. “I was imprisoned in a hole underground. Mold covered the walls and we only had three hours of water a day in a space that was two meters long and four meters wide. 12 men lived there, and our only crime was having gone out to demand a change in the system,” he revealed.

Orelvys, along with the Cuban activist Saily González and the artist Iris Ruiz, a member of the San Isidro Movement, who were also part of the panel, are other voices of the repression and harassment by the Cuban State Security. Osvaldo Navarro, a member of the Citizens Committee for Racial Integration, also participated in the event virtually, highlighting that the 11J protests have affected women and people of African descent differently.

To the six waves of repression that have been registered in Cuba in the last year, the director of Strategy of the Cuban Observatory of Human Rights, Yaxis Cires adds one more. “A seventh wave could be the emptying of the opposition that is taking place on the Island. It is a way of closing the doors to a democratic change where different political actors participate,” he stated during his speech at the event, and assured that an example of this is the case of the Cuban activist Anamely Ramos, who was prohibited by the authorities of this country from returning to Cuba. She, who also participated in the discussion, remains in the United States waiting to be able to return to the Island.

After a year of the peaceful protests of 11J in Cuba, we reiterate the request to the Cuban authorities to cease the violence against the people who demonstrate and organize peacefully to demand their rights. We request that the human rights of each of the people who reside on the Island be respected, guaranteed, and protected, who despite everything they have experienced in the last 12 months, await a free Cuba.

Cuba: The impact of 11J on human rights

Washington DC, July 11, 2022 – One year after the peaceful protests that took place en masse on July 11 in more than 50 locations in Cuba, Cuban society continues to suffer from a context of deep economic crisis, characterized by serious limitations in the access to food, medicines and basic necessities. These factors, which a year ago unleashed the need for Cuban men and women to raise their voices and make their claims heard, continue to impact their lives today, even with greater intensity. The violations of human rights after the demonstrations known as 11J, persist on the Island, and are getting worse.

The repression continues

The situation of repression and the silencing of voices of dissent has not ended after 11J. Activists, human rights defenders, artists and independent journalists face constant harassment on a daily basis by the authorities and State Security forces. The Inter-American Commission on Human Rights (IACHR) itself expressed its concern about the intensification of the repression and other violations of rights since the protests of July 2021, especially against those who participated in the demonstrations that took place on the 11th of that month [1].

In November 2021, various groups of activists once again tried to call for a peaceful protest and were faced, once again, with hundreds of arbitrary arrests, selective Internet service outages, interrogations and individualized surveillance of their homes. During 15N, as these demonstrations were called, the Civic March for Change was planned; however, the people who made public their desire to participate in this event were prevented from exercising their right to peaceful protest.

After this initiative, the use of judicial repression was aggravated with an exemplary character, there was an acceleration in the judicial processes followed against the 11J protesters and prosecutor petitions were presented requesting sanctions of up to 30 years of deprivation of liberty. Likewise, the relatives of the detained and/or prosecuted activists suffered -and continue to suffer- harassment and persecution by State Police, every time they try to exercise their right to peaceful protest in the face of the cruel situation in which their loved ones find themselves in.

Mass exodus

The context of the crisis that dominates Cuba has caused a growing number of Cuban men and women to decide to leave the island and settle in other countries. There is great concern about the high number of people who try to cross borders exposing themselves to extremely risky situations.

As a consequence of the difficulties that Cubans face in obtaining transit visas in numerous countries, the majority of people opt for irregular migration through routes that expose them to being victims of criminal networks, risks to their health, and even the danger of losing their life. Many people arrive at the border posts and remain for months in the custody of the immigration authorities without certainty about their situation.

At the same time, the Cuban government has intensified restrictions on the exercise of the right to free movement, both inside and outside the country . The authorities of the Island have used the tactics of forced exile and the prohibition of entry to the territory of Cuban nationals with current residence, to silence those critical voices that acquire greater visibility. It is of special concern that, in addition to the socio-economic conditions that expel thousands of Cuban men and women from the country, there is systematic and permanent harassment against activists, artists, and journalists, who are pressured to leave the country in subhuman conditions. This situation is preventing many people from enjoying their nationality effectively and, likewise, it prevents them from enjoying other fundamental rights such as the right to a family and the free choice of residence.

Legislative reforms

On May 14, 2022, the National Assembly of People’s Power approved the new Penal Code. Although the final official text has not yet been published, the draft raises concern since it maintains a broad and ambiguous language to classify those crimes that have been used arbitrarily to persecute the activities of human rights defenders, jurists, activists, and independent journalists. Of particular concern is the increase in penalties related to “Crimes against the Internal Security of the State”, among which are crimes against the constitutional order, sedition and propaganda against the constitutional order, which have frequently been used to repress and criminalize the legitimate exercise of the human rights to freedom of expression, association and assembly.

The repression and historical criminalization in Cuba persists protected by internal legislation that limits the exercise of human rights such as freedom of expression and association. An example of this is the use of criminal offenses such as sedition and public disorder to criminalize those who decided to exercise their right to peaceful protest on 11J and 15N. Other practices that the State has adopted to respond to the 2021 marches also draw attention, among which, the failure to observe the principle of the best interests of the child and the special care they require stand out; the psychological coercion to force people to leave the Island and the siege of the national and international press. Although these practices are not new, they reveal a state policy based on sowing fear in the population and the interest in getting rid of any type of popular expression critical of state policy.

One year after 11J, from the International Institute on Race, Equality and Human Rights, we call on the Cuban State to put an end to repressive practices against those who demonstrate and organize peacefully and claim their human rights. The Institute will continue to monitor the situation, documenting the abuses perpetrated by the government and denouncing human rights violations to the international community.

 

[1]IACHR, Press Release 295/21, The IACHR expresses concern over the worsening of repression and other human rights violations since the July protests in Cuba , November 5, 2021.

UN renews crucial human rights expert mandate on sexual orientation and gender identity

The UN Human Rights Council once again reaffirms its commitment to combating discrimination and violence on the grounds of SOGI, and reminds all States of their obligations towards LGBT and gender-diverse people

(Geneva, 7 July 2022) – The United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert on protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI) for three more years. In a critical vote, the resolution was adopted by a vote of 23  in favour, with 17 voting against and 7 abstaining.

1’256 non-governmental organisations from 149 States and territories in all regions supported a campaign to renew the mandate.

Today’s vote was the first time that the Human Rights Council adopted a resolution explicitly condemning legislation that criminalises consensual same-sex conducts and diverse gender identities, and called on States to amend discriminatory legislation and combat violence on the grounds on SOGI. 

“Billions of people continue to live with laws and societal attitudes that put them in danger”, said Manisha Dhakal of Blue Diamond Society in Nepal, on behalf of a global coalition of civil society organisations. “Acknowledging that so much work remains to be done, the Council once again reaffirmed its commitment to combatting discrimination and violence on grounds of SOGI, reminding all States of their obligations towards these communities.”

“The existence of a specific UN human rights mechanism on violence and discrimination on the basis of SOGI is crucial for our communities to be heard at the global level,” added Carlos Idibouo of Fierté Afrique Francophone (FAF) from Cote d’Ivoire. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalising our identities and actions are unjust and should no longer be tolerated”.

Created in 2016, and renewed for the first time in 2019, the Independent Expert has been supported by a growing number of States from all regions. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay –  and was cosponsored by 60 countries from all regions. 

“Having secured a renewal for three more years, this mandate will now continue to support initiatives in countries around the world ensuring that LGBT and gender-diverse people live free of inequality , and to amplify their voices and testimonies in international human rights fora,” added Aleh Ordóñez Rodríguez of Ledeser in Mexico.

Not only did the renewal process successfully overcome 12 of 13 hostile amendments, the core of the resolution affirming the universal nature of international human rights law stands firm.

The Independent Expert assesses implementation of international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Since 2016 the world has heard more about the impact of criminalisation of same-sex relations between consenting adults, the need to legally recognise a person’s gender, the barriers to social inclusion and the importance of collecting data related to LGBT lives, the harm caused by so-called ‘conversion therapy’, and more. The Expert has also cast a light on good practices to prevent discrimination, and recently conducted visits to Argentina, Georgia, Mozambique, Tunisia, and Ukraine.

We hope that all governments cooperate fully with the Independent Expert in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity.

** ENDS **

Note to editors:

  1. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity is appointed by the UN Human Rights Council. The mandate was established in 2016 and has been held by Vitit Muntarbhorn (2016-2017) from Thailand, and Victor Madrigal-Borloz (2018-ongoing) from Costa Rica..
  1. The press release refers to “people of diverse sexual orientations and gender identities” or to “LGBT” – instead of “LGBTI” – as the mandate is specifically tasked with addressing human rights violations on sexual orientation and gender identity.

 

The repression of the historic 11J protests in Cuba

Washington DC, July 6, 2022. – A few days after the one year anniversary of the peaceful marches of July 11, 2021 in Cuba, the legal team of the International Institute on Race, Equality and Human Rights (Race and Equality), answered four questions that help to know and understand what happened on the Island at that time.

What happened in Cuba in July 2021?

On July 11, 2021, and the following days (hereinafter, “11J”), one of the largest protests in the recent history of the country was experienced in Cuba. On that occasion, thousands of people took to the streets of more than 50 cities to peacefully express their concern over the worsening health and economic crises, and denounce the policies imposed by the government to reduce civic space. Civil society organizations registered more than 124 peaceful demonstrations throughout the Cuban territory, which included the 15 provinces and the special municipality of Isla de la Juventud [1]. A high number of protestors reported serious human rights violations due to the excessive use of police force, resulting in one death, 1,745 repressive actions, at least 1,103 arbitrary arrests, several testimonies of sexual assaults by the police force, 402 assaults, 63 harassments, 55 citations and internet outages throughout the country [2].

Why did people go out to march?

The demonstrations began in the towns of San Antonio de los Baños, in the province of Artemisa (near Havana); and Palma Soriano, in Santiago; however, they quickly spread throughout the country. The protests that began on July 11, 2021 in Cuba represented the response of Cuban society to a social situation that worsened day after day. This is due to the inability of the Cuban State to effectively guarantee access to economic, social, and cultural rights and respect the exercise of civil and political rights of its citizens.

On the one hand, the country faced (and still faces) a deep economic crisis characterized by scarcity and shortages of food, medicines, and basic necessities. Added to this was the consequences of the government’s response to the spread of the COVID-19 virus, which had a very negative impact on Cuba, aggravating the health systems and the precarious social situation prior to the outbreak of the pandemic. Finally, the increasing repression in response to the crises became unsustainable for thousands of people [3].

How did the Cuban authorities respond to the peaceful demonstrations of 11J?

The government responded to the demonstrations with brutal repression that included the disproportionate use of force, arbitrary detentions and short-term forced disappearances, threats, harassment, torture, and cruel and inhuman treatment, both by state agents and pro-government parapolice forces. In the weeks following the protest, hundreds of arbitrary arrests, and other violations of the guarantees of due process were recorded, as well as the implementation of a reinforced surveillance strategy in the streets throughout the country and in the residences of activists, who were prevented from leaving their homes.

On July 12, 2021, the president of Cuba, Miguel Díaz-Canel Bermúdez, published a speech in which he incited the civilian population to take to the streets to “act”, including through violence against the protesting people [4]. In that speech, he warned the demonstrators that they had to “step over [their] corpses if they want to confront the Revolution, and they [were] ready for anything and [would be] in the streets fighting [5]. ” The state response also included the dissemination of propaganda and stigmatization campaigns against the demonstrators, whom it described as “counterrevolutionaries”, “criminals”, “vandals”, “mercenaries” and “enemies of the State”.

Likewise, on July 11 and the following days, there were power cuts and blockages of the Internet service that sought to prevent the spread of the movement on social networks and the independent press. In response to the protests, on August 17, 2021, the government enacted Telecommunications Decree Law 35 and Resolution 105, which meant new regulations on telecommunications and cybersecurity. These measures sought to generate greater state control over social demonstrations, given that the Internet had become a fundamental space for the exercise of the right to protest in Cuba.

This type of response is not unknown on the Island, since it is faced daily by any person who dares to express their ideas and opinions that are independent and different from those of the government. The repression of those who think differently in Cuba is aggravated in contexts of crisis, as was the case in the 1990s. On that occasion, the Special Representative of the Secretary General of the United Nations Organization on the situation of human rights in Cuba, warned in 1991 that “unfortunately for the cause of human rights, the Cuban authorities have decided to face this difficult economic situation with an increase in repressive control directed at the supposed opponents of the regime, most of whom aspire to non-violent changes of some circumstances they find intolerable [6].

According to data from the organizations Cubalex and Justicia 11J, as of June 30, 2022, 1,481 people (including 57 under 18 years of age) had been deprived of their liberty in the context of the protests [7]. Of these, 701 currently remain in detention [8]. Among the people detained there are a significant number of activists, artists, journalists, leaders of political opposition movements to the government, teachers, students, medical staff, professors and priests of various religious denominations.

The Inter-American Commission on Human Rights confirmed a systematic pattern of violations of due process in the context of the deprivation of liberty of people who participated in the protests, such as: holding the detainee incommunicado, interrogations for intimidating purposes, lack of notification about the  legal causes of their detention, absence or obstruction to access a timely, technical and adequate legal defense, among others [9].

One year after the protests, what has happened in all this time?

About 10 days after the protests, the first prison sentences were recorded for some people for their participation in the 11J protests. These sentences were given in summary trials by way of direct attestation – an expedited procedure that goes directly from the police investigation phase to the oral trial, without prosecution or trial [10]-. Most of the accused persons did not have the timely assistance of a lawyer. A total of 47 people would have been sentenced by this procedure [11].

Justicia 11J and Cubalex have registered until June 30, 2022, 584 people convicted. According to available information, the crimes charged are repeated in most of the people prosecuted: “public disorder”, “attack”, “disrespect”, “incitement to commit a crime”, “spread of epidemics”, “sedition”, “illegal demonstrations”, “damage” and “defamation of institutions and organizations and of heroes and martyrs”. At least 168 people have been sentenced for the crime of sedition, and a large number of them come from the most disadvantaged neighborhoods of Havana. This has resulted in the sanctions having a disproportionate impact on populations of Afro-descendants, human rights defenders, artists, and independent journalists.

According to the information recorded by the organizations mentioned above, of the total number of people prosecuted, 24 were under 18 years of age at the time of their arrest and were sentenced in the first instance with sentences that extend up to 19 years of deprivation of liberty. [12]. Likewise, 71 women (more than twenty of them, mothers) and 9 older adults continue to be detained [13]. Finally, these organizations report that some thirty released protesters have emigrated or have been forced into exile [14].

The international community and human rights bodies have also expressed their concern about the sentences handed down in Cuba regarding the events of 11J. The Committee Against Torture (CAT) has urged the Cuban State to “investigate, prosecute and punish those responsible for the excessive use of force and mistreatment during the protests [15]. ” The Committee against Enforced Disappearances of the United Nations has called on the Cuban State to account for “the alleged disappearances due to 11J” [16]. For its part, the Committee on the Rights of the Child (CRC) included among its recommendations to reconsider “the severity and proportionality of the sentences for the children and adolescents who participated in the 11J protests” [17]. In the same way, regional organizations such as the Inter-American Commission on Human Rights (IACHR) and its special rapporteurs closely follow with concern the continuous violations of human rights in Cuba as a result of 11J, making a special call to the State to “adopt all necessary measures to prevent those who legitimately claim their rights through social protest from being subjected to unfair or unfounded trials through state investigations.”[18]

***

[1]Registration carried out by the Inventory Project, “ Demonstrations in Cuba, Sunday, July 11, 2021”, https://www.google.

com/maps/d/viewer?mid=1AQAArlWutvq3eqA2nK_WObSujttknlxZ&ll=21.661531077124163%2C-80.20082207193147&z=7

[2]Cuban Observatory of Human Rights (OCDH ), Protests of July, March 8, 2021 https://observacuba.org/ocdh-protestas-de-julio-dejaron-al-menos-1-745-acciones-represivas-en- cuba-of-which-1-103-were-arbitrary-arrests/

[3]IACHR “ The IACHR and its Special Rapporteurships condemn state repression and the use of force in the framework of peaceful social protests in Cuba, calling for dialogue on citizen claims ”, July 15, 2021, available at https://www. oas.org/en/IACHR/jsForm/?File=/en/cidh/press/communiqués/2021/177.asp

[4]Granma, We defend the Revolution above all else , July 12, 2021.

[5]Granma, We defend the Revolution above all else , July 12, 2021.

[6]Special Representative of the Secretary General , Report on the situation of human rights in Cuba, prepared by the Special Representative of the Secretary General, Mr. Rafael Rivas Posada, in fulfillment of the mandate conferred by resolution 1991/68 of the Commission, para. 30, Human Rights Commission, UN Doc. E/CN.4/1991/27 (January 28, 1992) (by Rafael Rivas Posada)

[7]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[8]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[9]Cf. IACHR, Annual Report 2021, Chap. IV.B Cuba, para. 70

[10]Prisoners Defenders, Direct Attestation: This is how peaceful protesters in Cuba are being judged , July 17, 2021.

[11]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[12]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[13]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[14]Justice 11J and Cubalex, Newsletter June 2022. Available at: https://mailchi.mp/67d27e677817/newsletter-1-junio-2022

[15]Diario las Americas, Available at: https://www.diariolasamericas.com/america-latina/onu-cuba-debe-sanzando-abuso- Fuerza -protestas-n4249031

[16]Infobae, The UN Committee against Enforced Disappearances asked Cuba for explanations for what happened after the protests of July 11, January 21, 2022, Available at: https://www.infobae.com/america/america-latina /2022/01/21/the-committee-against-enforced-disappearances-of-the-un-asked-for-explanations-from-cuba-for-what-happened-after-the-protests-of-11- -July/

[17]CRC, Final Observations, CRC/C/CUB/CO/3-6, June 16, 2022, para. 26(e).

[18]IACHR, Annual Report 2021, Chap. IV.B Cuba, para. 77.

Pride 2022: Recognizing the LGBTI+ hands that have built this path

Washington DC, June 28, 2022. – On June 28 of each year, LGBTI+ people from around the world come together publicly in large marches to celebrate and vindicate their lives, celebrating sexual orientation and gender identity diversity, and the freedom to express themselves. It is a vindictive moment where lesbians, bisexuals, gays, trans, intersex and queers challenge prejudices and stigmas face to face, proudly reaffirming who they are, their human rights and the progress achieved after decades of struggle.

This commemorative date has its origin in the uprising in Stonewall, New York in 1969, which consisted of several days of protests against the persecution and repression of the American police against LGBTI+ people. An article from the NYC LGBT Historic Sites Project mentions that these events did not start the LGBTI+ social movement, but they did cause a great impact, since it inspired and allowed for the emergence of hundreds of new organizations around the world.

In this regard, Dámaso Jussette, a Nicaraguan transfeminist woman who is a member of the National LGBTIQ+ Roundtable and the Articulation of Social Movements, shared that “LGBTIQ+ people have been very present in history, but as [LGBTIQ+ people] they are not. The difference is that the patriarchy has tried to erase us, but in the same way that we have resisted until today, we will continue to do so.”

53 years since the Stonewall uprising, a day like today —characterized by celebration, visibility, and pride— is possible thanks to the effort and courage of people who stood up to persecution, violence, and injustice against the LGBTI+ population from various quarters of the world.

For example, the Peruvian feminist lesbians have achieved that, for the first time, the CEDAW Committee mention them in the periodic recommendations that they make. They also have a working table in the Ministry of Women, where they influence the government to implement public policies aimed at lesbians. Likewise, they have obtained dialogues with high-ranking representatives of the Judiciary. “It’s not easy, but we continue to insist that the State undertake studies on the situation of lesbians and produce specific data about us,” says Luisa Zanabria, a member of the organization Lesbian Independent Socialist Feminists (LIFS).

In the Dominican Republic, Christian King, a non-binary trans activist from TRANSSA (Trans Siempre Amigas), considers that, despite not having guarantees for all LGBTI+ rights, they have made valuable progress such as having a human rights unit in the Attorney General’s Office of the Republic, a National Human Rights Plan and a strategic vision plan for 2020-2024 of the Judiciary, which includes access to justice for LGBTI+ people. “To achieve this, there were many challenges faced by LGBTIQ+ organizations and activists, exposing ourselves by denouncing violations committed in our country before international human rights organizations,” he shared.

Another activist who has done important work for the LGBTI+ population in Colombia is Manuel Velandia, a gay ARTtivist. “In Colombia, we have many rights won through the courts, all of them have been achieved through rulings of the Constitutional Court. This becomes a serious problem because nothing can be taken for granted and there is a risk that anti-rights organizations, which are really present as pro-rights, try to reverse them,” he said. With him, the Homosexual Liberation movement of Colombia was founded, a pioneer of HIV prevention in Latin America. He also wrote, together with members of ActUp Canada, the first world manifesto for the rights of people living with HIV/AIDS. And in 2002, he was the first openly homosexual candidate to present himself to the Congress of the Republic.

In the case of Brazil, in 2020, the Brazilian Bisexual Front held the first B+ festival in the country, made by and for the bisexual population. During its second edition the following year they launched the Brazilian Bisexual Manifesto, the first in the entire territory. “It is a document that is resonating even outside of Brazil, mainly in the United States. It is already published in other countries and has been translated into English and Spanish”, proudly shared Vitória Régia da Silva, Co-founder of Colectivo Bisibilidade RJ. They also celebrated the signing of the Resolution of the Federal Council of Psychology, which establishes a more humane treatment for the bisexual and non-monodissident population.

Finally, we have LGBTI+ activists who find themselves in exile after facing repressive governments, such as the case of Isbel Díaz, a Cuban gay leader, and Dámaso Jussette, a Nicaraguan trans feminist woman seeking refuge in Costa Rica. In authoritarian governments such as those of Cuba and Nicaragua, LGBTI+ and human rights organizations in general are persecuted, since they have a great impact on denouncing human rights violations. “Those of us who exist despite everything always do so assuming risks that range from physical integrity, the possibility of being prosecuted for any cause invented by State Security, and the total precariousness for access to material resources, connectivity, and freedom of movement”, points out Isbel.

Thanks to the tireless work of activism and the resistance of groups in hostile countries, little by little, the LGBTI+ agenda is managing to position itself in the media, on social networks, on the political scene and is achieving important victories. Although there is still a long way to go, the leadership of LGBTI+ defenders such as those mentioned have left an open path with possibilities to continue fighting.

It is fair to remember that progress in terms of LGBTI+ human rights has been achieved through the efforts of those who have preceded these struggles and by those who continue to influence them to protect and defend them. For this reason, Race and Equality salutes the great contributions of LGBTI+ leadership in Latin America and the Caribbean, and recognizes that if, today, fear and shame are no longer an option for many people, it is thanks to the battles that have been and continue to be fought for the recognition and respect of dissident bodies and identities.

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