#RenewIESOGI: CSOs urge the Human Rights Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity during its 50th session

#RenewIESOGI: CSOs urge the Human Rights Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity during its 50th session

In every region of the world, widespread, grave and systematic violence and discrimination based on one’s real or perceived sexual orientation and/or gender identity persists.

Killings and extrajudicial executions; torture, rape and sexual violence; enforced disappearance; forced displacement; criminalization; arbitrary detentions; blackmail and extortion; police violence and harassment; bullying; stigmatization; hate speech; disinformation campaigns; denial of one’s self defined gender identity; forced medical treatment, and/or forced sterilization; repression of the rights to freedom of expression, association and assembly, religion or belief; attacks and restrictions on human rights defenders and journalists; denial of services and hampered access to justice; discrimination in all spheres of life including in employment, healthcare, housing, education and cultural traditions; and other multiple and intersecting forms of violence and discrimination. These are some of the human rights violations and abuses faced by persons of diverse sexual orientations and/or gender identities.

This dire human rights situation has motivated significant action at the United Nations, which we celebrate, to recognize and protect the human rights of these persons and communities. In 2016, the Human Rights Council took definitive action to systematically address these abuses, advance positive reforms and share best practices – through regular reporting, constructive dialogue and engagement – and created an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI).

In 2019, the renewal of this mandate was supported by more than 50 States from all the regions of the globe and by 1,314 organisations from 174 States and territories. This growing support is evidence of the critical importance of this mandate and its work to support persons of diverse sexual orientations and/or gender identities, and those who defend their rights, both at international human rights fora and at the grassroots level.

Over the past 6 years the two mandate holders have conducted in-depth documentation of discrimination and violence based on SOGI through reports and statements; have sent over 100 communications documenting allegations of such violations in all regions; have carried out 5 country visits; have identified root causes; and addressed violence and discrimination faced by specific groups, including lesbian, bisexual, trans and gender diverse persons.

The mandate has also welcomed progress and identified best practices from all regions of the world, including in decriminalisation, legal gender recognition, anti-discrimination laws and hate crime laws. All while engaging in constructive dialogue and assisting States to implement and further comply with international human rights law and standards, as well as collaborating with UN mechanisms, agencies, funds and programs and other bodies in international and regional systems.

Despite these positive advances, today over 68 countries still criminalize consensual same-sex conducts and relations of which 11 jurisdictions still carry the death penalty and more than 10 countries still criminalise diverse gender expressions and identities, and the abovementioned human rights violations persist. Furthermore, at least 4042 trans and gender-diverse people were reported murdered between 1 January 2008 and 30 September 2021. With many more cases going unreported, 2021 has been the deadliest year for trans and gender-diverse people since data collection began. It is clear that this mandate remains essential.

A decision by Council Members to renew this mandate would send a clear message that violence and discrimination against people of diverse sexual orientations and/or gender identities cannot be tolerated. It would reaffirm that specific, sustained and systematic attention continues to be crucial to address these human rights violations and ensure that LGBT people are in fact free and equal in dignity and rights.

We, the 1117 NGOs from 134 States and territories around the world, urge this Council to ensure we continue building a world where everyone can live free from violence and discrimination. To allow this important and unfinished work to continue, we urge the Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity.

Race and Equality warns about a new Criminal Code that intensifies the criminalization of the exercise of fundamental rights

Washington DC, June 16, 2022 – On May 15, the National Assembly of People’s Power of Cuba approved a new Criminal Code that represents a threat to civil society and independent journalism on the Island, since -through ambiguous language – it provides restrictions and sanctions on the exercise of activities of human rights defenders, jurists, activists and journalists. The norm, which was voted on in an extraordinary session, will enter into force 90 days after the date of its approval, after it is published in the Official Gazette of Cuba.

The International Institute on Race, Equality and Human Rights (Race and Equality), learned about the draft of the document, which appears on the website of the Supreme People’s Court of Cuba [1], and identified six points of the draft Penal Code that cause great concern, because it violates the exercise of fundamental rights such as freedom of expression, assembly, and peaceful association.

  1. Types of ambiguous penalties

The new Criminal Code maintains ambiguous penalties to punish conduct contrary to the “internal security of the State”, among which are crimes against the constitutional order, sedition, propaganda against the constitutional order, national or foreign financing that has as its “purpose to pay for activities against the State and its constitutional order” [2], among others. These penalties ,“because they are extremely vague, violate Cuba’s international obligations, and make them invalid as a legal basis for arrest, which makes it impossible […] to invoke any legal basis to justify the detention, making it arbitrary [3]”

Another crime that could also explain the ambiguities of the norm is the one that refers to public disorder. In accordance with the Law, acts that are considered “provocative” will be sanctioned, without specifying the scope of this terminology. There are still many doubts about the new Penal Code, which, although it incorporates certain modifications, maintains current criminal penalties that have been the subject of concern and recommendations by human rights bodies such as the Inter-American Commission on Human Rights (IACHR). The lack of clarity that has caused so much damage to Cuban activists, independent journalists and artists continues.

  1. Threats against freedom of association and assembly

The new Penal Code limits the exercise of the rights of free association and assembly, and in some cases increases penalties. For example, article 274 of the law increases the penalties and fines for those who are part of organizations that are not authorized to form, that is, for members of independent civil society organizations, whose assets could also be confiscated.

This measure, which is also ambiguous, would be regulated in Cuba through the Demonstration and Meeting Law, but this initiative, which would be key to understanding the scope of this penalty, has been shelved since 2020.

Another point that draws the attention of Cuban human rights activists and defenders is that related to article 143 of the new Code, which states that any person, by himself or on behalf of a non-governmental organization, who supports, encourages, finances, provides , receives or has in his possession funds, material or financial resources, with the purpose of defraying activities against the State and its constitutional order, will incur a sanction of deprivation of liberty from four to 10 years.

  1. Crimes against electoral processes and democratic participation

The new Code also penalizes those who “promote or induce abstention among people with the right to vote”, punishes people who “show disrespect towards electoral authorities or candidates during the development of elections or processes of democratic participation” (art. 431.2.c), and also penalizes those who “disseminate by any means… expressions that denigrate electoral councils or structures.

  1. Death penalty

The norm that was approved in an extraordinary session maintains the death penalty as an option for criminal punishment, and the crimes in which this sanction can be imposed went from 19 to 24 in the new Code. This is totally contrary to the recommendations of the human rights organs that have explicitly suggested that Cuba abolish this figure from its legislation [4].

  1. Criminal responsibility of minors

Another point that generates concern among the Cuban population is the one that refers to criminal responsibility, which in the new Code is maintained from the age of 16, ignoring the best interests and the special care that minors require, in light of of international human rights standards.

  1. Femicide not included

The art. 344 of the new Criminal Code punishes murder with a prison sentence of 20 to 30 years, life imprisonment or death when the act is committed “due to gender discrimination”, and art. 345.1 considers the same sanctions when “a woman is killed as a result of gender violence”; however, nowhere was femicide included as an autonomous crime, despite the fact that women’s organizations residing on the Island have reiterated this request several times.

Each of these points reflects the ambiguity and lack of guarantees that people in Cuba face when exercising their rights to freedom of expression, protest and peaceful association. The new Penal Code intensifies the sanctions, placing activists, artists, jurists, independent journalists, human rights defenders, and anyone who speaks out against the government, or simply claims their rights, at special risk.

From Race and Equality, we call for the State of Cuba to comply in good faith with the provisions of the Universal Declaration of Human Rights, and we urge the international community to observe how the implementation of this norm progresses, which has generated so much concern in the Cuban population.

 

[1]Criminal Code Project. Available at https://raceandequality.org/662 _

[2]Draft Penal Code, January 19, 2022, Art. 143, available at

https://www.tsp.gob.cu/sites/default/files/documentos/ACP%20EN%20WEB.%2019.01.2022.pdf

[3]Working Group on Arbitrary Detention, Opinion 4/2020, regarding Aymara Nieto, Eliecer Bandera, Humberto Rico, José Pompa, Melkis Faure , Mitzael Díaz and Silverio Portal, para. 135, UN Doc. A/HRC/WGAD/2020/4 (June 26, 2020). Available at https://www.ohchr.org/sites/default/files/Documents/Issues/Detention/Opinions/Session87/A_HRC_WGAD_2020_4_Advance_Edited_Version.pdf

[4] Concluding observations CAT 2022. Paragraph 38. Available at : https://tbinternet.ohchr.org/Treaties/CAT/Shared%20Documents/CUB/INT_CAT_COC_CUB_48650_S.pdf

Two billboards in the United States denounce the serious human rights situation in Cuba

Washington D.C., June 3, 2022 – “We were so hungry that we even ate our fear”, with this phrase heard during the marches that took place on July 11 and 12, 2021 in Cuba, two billboards displayed in Los Angeles, United States, denounce the serious human rights situation on the Island. This is an initiative of the Institute on Race, Equality and Human Rights (Race and Equality).

The billboards, which are located in the center of this Southern California city (216 East 4th St, CA 90013) and near the Los Angeles International Airport (Venice Blvd, CA 90034), reveal that in last year’s peaceful demonstrations (also known as 11J), more than 700 people have been arrests, most of them without being prosecuted, for demanding changes in the Island and for exercising their right to freedom of expression.

The billboards will be displayed during the IX Summit of the Americas, which will be held June 6-10 in Los Angeles, and seek to urge the international community that will attend this meeting that brings together heads of state and government of the region, to adopt measures to put an end to the repression, harassment, arbitrary detentions and attacks constantly suffered by activists, independent journalists, artists and human rights defenders in Cuba.

Side Events

Race and Equality, together with CADAL, will hold an event titled “Peaceful Demonstrations in Latin America: Reflections on Cuba One Year After 11J”, on Tuesday June 7, while on Wednesday, June 8, the Latin American Human Rights Consortium – of which Race and Equality is a member – will hold the event “Jailed for What? People imprisoned for political reasons in Cuba, Nicaragua and Venezuela”. International experts who have followed closely what is happening in Cuba, as well as human rights defenders, will participate in both events.

PEACEFUL DEMONSTRATIONS IN LATIN AMERICA: REFLECTIONS ON CUBA ONE YEAR AFTER 9/11

Tuesday, June 7

5:00 PM Los Angeles | 8:00 Havana – Washington D.C.

Hotel Indigo – Los Angeles, Downtown | Hollander Ballroom

RSVP and virtual registration: https://bit.ly/3sVeJAw

Simultaneous interpretation SPANISH | ENGLISH | PORTUGUESE

With the special participation of:

Pedro Vaca, IACHR Special Rapporteur for Freedom of Expression

JAILED FOR WHAT? PEOPLE IMPRISONED FOR POLITICAL REASONS IN CUBA, NICARAGUA AND VENEZUELA

Wednesday, June 8

4:00 PM Los Angeles | 5:00 PM Central America | 7:00 Caracas – Havana

Hotel Indigo – Los Angeles, Downtown | Orpheum Room A

RSVP and virtual registration: https://bit.ly/3sVeJAw

Simultaneous Interpretation SPANISH | ENGLISH | PORTUGUESE

With the special participation of:

Stuardo Ralón, IACHR Rapporteur on the Rights of Persons Deprived of Liberty

Race and Equality denounces the situation of political prisoners in Cuba, Nicaragua, and Venezuela in the framework of the IX Summit of the Americas

Washington DC, June 2, 2022.- In the framework of the Summit of the Americas, the Latin American Human Rights Consortium – which is led by the Institute on Race, Equality and Human Rights (Race and Equality) – will hold the event “Jailed for what?: People imprisoned for political reasons in Cuba, Nicaragua and Venezuela”, whose objective is to generate a space for reflection and dialogue on the circumstances and conditions experienced by persons deprived of liberty in the exercise of their fundamental rights in those three countries.

The event, which will be hybrid, will take place on Wednesday, June 8, in the Orpheum A room of the Hotel Indigo, in Los Angeles (California), starting at 4:00 pm local time (5:00 pm Central America time and 7:00 pm Caracas and Havana time). It will also be broadcast on the Race and Equality Facebook page and YouTube channel.

Panelists include Uzra Zeya, Under Secretary for Civilian Security, Democracy and Human Rights of the United States; Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs; the Rapporteur on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón; and the Executive Director of Race and Equality, Carlos Quesada.

There will also be the participation of Victoria Cárdenas, Nicaraguan businesswoman and wife of the presidential candidate and political prisoner of the Ortega and Murillo regime, Juan Sebastián Chamorro; Anamely Ramos, Cuban artist and human rights defender; Munira Muñoz, lawyer and coordinator of the organization Foro Penal USA/Venezuela. The event will be moderated by David Álvarez Veloso, Coordinator of the Human Rights Consortium.

The situation of political prisoners in Cuba, Nicaragua, and Venezuela

The number of political prisoners in Cuba, Nicaragua and Venezuela continues to increase. These three countries are characterized by authoritarian governments that use laws to criminalize activities that promote and defend human rights, journalism, and political opposition.

Cuba

In Cuba, whose single-party system maintains tight control over society in all its spheres, there were 150 political prisoners until July 2021, but after the historic protests of July 11 and 12, the figure increased to more than 1,400. Among those detained there are at least 50 minors, of whom, as of March 2022, 20 have been prosecuted and sentenced to between 7 and 13 years in prison.

Nicaragua

In Nicaragua, the state and para-state repression of the peaceful demonstrations that began in April 2018 resulted in 355 fatalities, more than 2,000 people injured, and 1,614 arbitrary detentions.

The crisis has lasted for more than four years and, currently, more than 170 people are imprisoned for political reasons, without access to specialized medical attention in conditions that do not comply with the United Nations Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the Internal Law on Human Rights, that can be described as cruel, inhuman, degrading treatment, physical and psychological torture. This situation is especially critical for the 14 women political prisoners, 19 elderly people and people with chronic illnesses.

Venezuela

Since 2014, Venezuela has not been the exception to the deepening of the human rights crisis, after citizens came out to protest the economic situation and insecurity in the country. That year, the number of people detained for political reasons reached 3,708, while in 2017 there were 5,511 arrests for the same reasons. Currently, according to the Foro Penal organization, there are 239 people deprived of liberty for political reasons in this country.

Since 2014, at least 10 political prisoners have lost their lives and the Foro Penal organization has reported that prison conditions in the country are precarious and has registered cases of prisoners for political reasons who are held together with common prisoners.

When is a person a political prisoner?

In the field of international law, there is no definition or characterization of political prisoners. However, the existence of this problem in the region has made it possible to identify criteria to determine when a person has been deprived of liberty for political reasons, regardless of the country where they are registered.

These are some:

  • The person’s activities are linked to the exercise of freedom of expression, association or assembly, the political opposition, the defense of human rights and peaceful demonstrations.

The State carries out actions in order to consolidate or retain power, which result in human rights violations.

  • There is a use and articulation of State structures and institutions for the arbitrary deprivation of liberty of the person and their criminalization.
  • The context is characterized by single-party and authoritarian states, where democratic institutions do not exist…although there are cases recorded in contexts of countries with certain recognized democratic institutions.

Event information:  Jailed for what? People imprisoned for political reasons in Cuba, Nicaragua, and Venezuela.

Wednesday, June 8, 2022

4:00 PM Los Angeles | 5:00 PM Central America | 7:00 PM Caracas – Havana

Hotel Indigo – Los Angeles, Downtown | Orpheum Hall A

RSVP and virtual registration: https://bit.ly/3sVeJAw

Simultaneous interpretation SPANISH | ENGLISH | PORTUGUESE

Complexo da Penha Massacre: Human Rights organizations appeal to the IACHR to end police violence

Brazil, May 27th, 2022 – The International Institute on Race, Equality and Human Rights (Race and Equality), Marielle Franco Institute, Geledés – Black Women’s Institute, Observatório de Favelas, Justiça Global and Casa Fluminense denounce to the Inter-American Commission on Human Rights (IACHR), the Complexo da Penha Massacre, which took place this Tuesday, May 24, during a police mega-operation in Rio de Janeiro. The communiqué sent to the IACHR calls for the protection of community residents to be guaranteed and for the extensive monitoring of reported situations of violence. So far, there are registered: 25 dead and 07 injured in the Complexo da Penha Massacre.

  • 25 people killed were taken to the Getúlio Vargas Hospital.
  • 01 body of a woman was taken directly to the Legal Medical Institute (IML)
  • 01 person killed was taken to the Emergency Care Unit of Complexo do Alemão with 08 gunshot wounds
  • 07 injured were taken to Hospital Getúlio Vargas

This extreme violence reflects the result of the public security policy of the current Governor of the State of Rio de Janeiro, Claudio Castro, who, since his predecessor, Wilson Witzel, does not respect the decision of the Federal Supreme Court (STF) that determined the State must comply with the ADPF 635, known as ADPF das Favelas. Until now, the State Government has not presented any plan to reduce police lethality; it didn’t install GPS equipment, audio and video recording systems in police vehicles or on the uniforms of officers; and as a result of these current massacres, it has set no limits on lethal force. As a result, black bodies, from favelas and outskirts, experience constant scenes of terror and even their homes become a place of fear and insecurity for all families.

According to reports, agents from the Special Operations Battalion (BOPE) and from the Federal Highway Police (PRF) entered the Vila Cruzeiro Complex at 4:00 am, firing shots with helicopters and armored tanks as support. The operation took place throughout the day and, despite the active movement of civil society organizations urging the public authorities for a ceasefire, the operation continued on its terroristic course. In this regard, the signatory organizations urge the IACHR and other international human rights organizations to constantly monitor police violence in Brazil.

It is unacceptable to continue the current security policy that goes against the basic principles of human rights, such as the right of living and housing, in addition to State protection. It must be mentioned: this massacre is yet another demonstration of the structural racism present in the actions of the Brazilian police.

We regret the lives lost and sympathize with the various families of Complexo da Penha, who once more experienced the presence of the State in their territories with violence, deaths, scarcity and tears. In light of the foregoing, we share the requests to the IACHR:

  1. To publicly comment on this case, through a statement and monitor the situations of violence reported in this document;
  2. Request the Civil Police of the State of Rio de Janeiro to carry out technical investigations on the spot, with the elaboration of reports on ballistics and possible signs of torture on the bodies, ensuring the duty of publicity of the state’s action;
  3. Demand that the State (RJ) and Federal Public Ministry investigate the police operation responsible for this massacre, including the specific need to observe possible signs of alteration of the crime scenes, as well as the impediment of residents and activists to manifest about what happened;
  4. That the State (RJ) and Federal Public Ministry provide information to the families of the victims of the massacre and keep them informed about the investigations;
  5. Considering what was determined in ADPF 635 regarding the absolute exceptionality in carrying out police operations, that is, the premise that such incursions should only occur in extraordinary situations of immediate and concrete danger to life, which cannot consist of a generic allegation about the current calamitous situation of public security in the State of Rio de Janeiro and/or on the need to repress drug trafficking and criminality, allegations that underlie the human rights violations implicit to public security policy in Brazil. It is requested that the state of Rio de Janeiro be notified of non-compliance with the criteria determined in ADPF 635;
  6. Maintain direct communication with the Brazilian government inquiring about the measures adopted to combat police violence, considering the numerous cases publicized by the Brazilian press and by the aforementioned civil society organizations.

17M: The task is to eliminate structural LGBTIphobia

Washington DC, May 17, 2022.– Lesbian, gay, bisexual, trans, intersex and sexually diverse identities throughout world history have been persecuted for their gender identity and sexual orientation. Although there are some advances in the area of human rights, there are still some societies that pathologize and criminalize LGBTI+ people.

Until May 17, 1990, the World Health Organization (WHO) considered homosexuality a mental pathology, as recorded in the first version of its International Classification of Diseases Manual (ICD) of 1948. Likewise, since 1975 they defined transsexuality as a mental disorder. Only in 2018, with the ICD-11 version, did they remove it from the list.

Therefore, every May 17, the LGBTI+ community conmemorates the International Day Against Homophobia, Transphobia and Biphobia and the historic decision of the WHO that contributed to the depathologization and recognition of homosexuality as a natural aspect of life and sexuality. However, even in many parts of the world, sexual and gender diversity is condemned by religion, law and society, and in some instances with the death penalty.

The historical damage is irreversible and the best thing that remains to be done is to pay off that historical debt that has placed the LGBTI+ community in a context of particular vulnerability.

Bodies as territories of violence

“Our bodies, our lives, our rights” is this year’s slogan chosen by the organization May 17th to commemorate this date. “A topic that reminds us that many of us around the world experience LGBTQI-phobia firsthand every day and that our bodies are being abused, ruining our lives,” describes its website .

In Latin America and the Caribbean, at least 370 murders of LGBTI+ people were recorded in 2020, a statistic that has increased every year since 2014, as pointed out in the latest report by the network of civil society organizations Sin Violencia LGBTI. On a daily basis, many forms of violence are practiced on bodies that do not meet the expectations of the heterosexual cisnormative gender binary, with death being the most violent form of attack on the lives of people of sexual and gender diversity.

LGBTI+ Struggle

Thanks to LGBTI+ leadership and the sum of contributions from human rights organizations, today there are more visible and non-visible people joining the LGBTI+ fight against inequality, violence and structural discrimination.

However, it is everyone’s commitment to build and defend a plural society, where the various ways of expressing, thinking, acting, loving and being are respected. This is a fight of everyone, for everyone and that we must all make our own. As Dhananjayan Sriskandarajah, director of Oxfam, mentions in an opinion column for Equal Times, the defense of dignity, freedom, identity and life are rights intrinsically linked to the rights of each one.

In the global campaign in favor of equality, social justice and non-discrimination for reasons of sexual orientation and gender identity, we must all be a part of it.

Actions against hate and violence

This May 17, at Race and Equality we commemorate the right to live free of violence and with dignity. Although there are regulatory changes and legal recognition in many countries, we believe that it is not enough. We are firmly convinced that the true social transformation will come when, from different sectors, we begin the real work to deconstruct the thoughts and attitudes of societies that do not allow all people in their diversities to live fully and safely.

For this reason, we urge States to combat the stigma, discrimination and state violence that make precarious the existence of LGBTI+ citizens and those in human mobility allowing for rampant police abuse, impunity in hate crimes, discrimination, violence in educational  and health spaces, torture, sexual and reproductive violence, mistreatment, unjustified procedures and a long list of actions that disguise and justify violence to continue keeping them marginalized.

All this has real, serious and adverse effects on the comprehensive security of the LGBTI+ population, on access to work, on their development, on education and on physical and mental health that can no longer be tolerated. The efforts of all States and societies are needed to eliminate the LGBTIphobic environment and guarantee the human rights of the LGBTI+ population. This will not be achieved without the political will to actively listen to, understand, and actively address the specific needs of lesbian, gay, bisexual, trans, intersex, and other diverse identities.

Three years after 11M in Cuba: the demands of LGBTI+ people and the Family Code

Washington DC, May 11, 2022 – Today marks three years since the first march that the LGBTI+ population of Cuba organized independently of the National Center for Sex Education (Cenesex). The commemoration of this date occurs in the midst of sentences being given to the people who participated in the demonstrations of July 2021, the draft of the new Criminal Code, which could affect several LGBTI+ activists; and the Family Code, which speaks for the first time of same-sex marriage and adoption between same-sex couples, two demands of people with diverse sexual orientations and gender identities on the Island.

This latest reform that is being promoted by the Cuban government seems like a big step in the recognition of LGBTI+ rights in the country, however, this initiative will be submitted to a popular consultation to be approved; that is, two people of the same sex could form a family in Cuba only if the majority of the inhabitants of the archipelago approve it in a referendum that the Island’s authorities are organizing.

What happened on May 11, 2019 in Cuba?

That day, which is also known as 11M, a traditional conga (Cuban dance accompanied by drums) was going to be held in Havana against homophobia and transphobia, as part of a series of activities prior to the commemoration of the International Day against Homophobia, Transphobia and Biphobia, which takes place around the world every May 17. But, the official body that coordinates these activities, Cenesex , decided to cancel the demonstration at the last minute (as happened again today – this State entity canceled the conga that was scheduled to take place this afternoon), arguing that it could not be held because there were “new tensions in the international and regional context”, which caused great discomfort among the LGBTI+ movement in Cuba.

As a result of this, people with diverse sexual orientations and gender identities on the Island convened through social networks, and met, starting at 4:00 in the afternoon, in the Central Park of Havana. There they came from different parts and, from one moment to another and without a set course, they began to march. It was the first time that the LGBTI+ movement in Cuba demonstrated on its own, peacefully demanding their rights without the help of the Cuban government, which continues without guaranteeing full recognition of this population.

That day members of State Security blocked the demonstration, which included a kissathon (name given to the act in which several LGBTI+ people kiss in public as a sign of protest). Dozens of people who participated in the improvised conga were attacked and arbitrarily detained by the authorities.

“Despite the prohibition by the State and the repression of LGBTI activists and groups, nearly 300 people gathered and marched through Prado, calling for a diverse Cuba and shouting ‘yes it could’, alluding to the unjustified suspension of the traditional conga of diversity, the only physical and public space that the community had as part of the Cuban Days against Homophobia and Transphobia organized by Cenesex ”, says Jancel Moreno, coordinator of Dame la Mano, an LGBTI+ organization on the island.

According to various activists and organizations, May 11, 2019 marked a before and after in the struggle for the recognition of LGBTI+ rights. “It represents a cry, an act of rebellion that for some could even have been a moment of outburst, and for others it also meant a change in their lives due to the arrests. Without a doubt, it is a date to never forget, where LGBTI+ people decided to claim their rights before a State that until now has always discriminated against us”, says activist Yoelkis Torres, coordinator of the organization AfroAtenas .

What has happened since then?

“No rights have been obtained. Although the Family Code project that is awaiting the referendum includes several of the main demands of the community, it is not yet a reality and may not become so. The Code will be taken to a referendum in a country with a sexist and homophobic history that is even inherited by ‘the revolution,’” says Jancel, who also maintains that being an LGBTI+ person in Cuba means carrying stigmas and prejudices, in addition to not having support or legal guarantees. “Although progress has been made from the perception of society itself, there is still a lot to do,” they add.

Three years after 11M, the demands of LGBTI+ people in Cuba remain the same: that their rights be recognized. “There is an article in the Cuban Constitution that speaks about the principle of non-discrimination based on sexual orientation and gender identity, but it is as if it did not exist,” says Yoelkis, who affirms that the Family Code represents hope for this population, which has been the victim of attacks, threats and murders, despite the fact that there is no known official record that counts the violence they have suffered for years.

LGBTI+ people are waiting for the referendum on the Family Code to be held, which, if approved by the majority of the island’s inhabitants, would represent a huge step in the recognition of their rights. They would go from not having a law that protects them, to being able to form a diverse family with guarantees to avoid any type of discrimination and violence.

From Race and Equality we express our commitment to accompany the demands of people with diverse sexual orientations and gender identities in Cuba and we call on the government to listen to them, in accordance with its international obligations to respect and guarantee the human rights of all people, without any kind of discrimination. This is particularly relevant because we are two months away from commemorating another milestone on the Island – the peaceful protests of July 11 and 12, which, like the 11M march three years ago, were strongly repressed by the authorities. and resulted in the mass arrest of hundreds of protesters who today continue to be sentenced for exercising their right to freedom of expression. For this reason, we also call on the State of Cuba to observe international human rights standards and its actions that greatly affect the most vulnerable populations, such as LGBTI+.

Race and Equality launches the ‘Kátia Tapety Political Training School’

Brazil, May 06th, 2022 – On May 10 (Tuesday), at 5 PM, the International Institute of Race, Equality and Human Rights (Race and Equality) promotes the launch of the Kátia Tapety Political Training School.   The inauguration will be at the Museum of Modern Art of Rio de Janeiro (MAM) and will be attended by the distinguished councilor, Kátia Tapety, and serve as well as a space for dialogue with women parliamentarians and representatives of social movements and civil society organizations.  The Kátia Tapety School of Political Training is the result of a project supported by the Open Society Foundations and the partnership with the Friedrich Ebert Foundation in Brazil.

Faced with the current political scenario in Brazil, involved in hate speech, attacks and persecution of parliamentarians and human rights defenders, whose targets are black and indigenous women – cis and trans, and the growing spread of fake news; Race and Equality created a School of Political Training that aims to prepare women (black, LBTI, indigenous and quilombolas) to participate safely and democratically in the electoral process in 2022.  To confront political and electoral gender violence, the organizations Associação Nacional de Travestis e Transexuais (ANTRA), Articulação Brasileira de Lésbicas (Red ABL) and Rede Nacional de Negras ee Negros LGBT (Red Afro LGBT), will be responsible for the nomination of pre-candidates from their networks to participate in the School of Political Training.

Thus, through technical and pedagogical training, classes will be held in a hybrid manner, from May to September, to serve women social leaders from all over Brazil who eventually have an interest in applying for an elective position in the country. The programmatic content also includes practical training so that candidates have the tools to face authoritarian policies and the necessary instrumentalization to claim their rights.  In this sense, the Kátia Tapety School of Political Training emerges as an instrument of strengthening and democratic protection to achieve full legitimacy and decision-making power in its political agendas.

“The growth of gender-based political and electoral violence in Brazil has become increasingly alarming.  In March 2021, Race and Equality, together with other organizations, denounced cases of several currently elected councilors before a hearing at the Inter-American Commission on Human Rights (IACHR) and, unfortunately, we continue to urge the Brazilian State to protect these women. The Kátia Tapety School of Political Training was born from this urgency to promote the active participation of women in politics in a safe and democratic way so that they have full autonomy to defend themselves from violence and guarantee their rights”, explains Carlos Quesada, Executive Director of Race and Equality.

About Kátia Tapety

Kátia Tapety was the first trans councilor elected in Brazil, in 1992, in the city of Colonia de Piauí – PI.   Various data indicate that, in fact, Kátia Tapety was the first trans woman elected to legislative office in Latin America, at a time when there was still a refusal to talk about guaranteeing civil, political and social rights for trans people. Born and raised in the country’ interior, Tapety saw and felt the effects of the military dictatorship, accompanied by the process of redemocratization of the country and, just four years after the promulgation of the citizen constitution of 1988, was elected the councilor with the highest number of votes in the municipality of Colonia do Piauí, in the rural area of Piauí.  In her political career she was appointed councillor in 1992, 1996 and 2000; Mayor of Colonia do Piauí in the biennium 2001-2002; and was finally elected vice-mayor in 2004.

Today, at the age of 74, and with an incredible life trajectory in the country that kills the most trans people in the world, Tapety faced racism and transphobia, leaving a legacy of rights and a path of openness to reach achievements for black, travesti and transgender women throughout Brazil.  Therefore, for Race and Equality, honoring her represents a process of rescuing not only memory, but mainly democratic ties. Kátia Tapety reminds us of the post-dictatorship hope that flourished in Brazil in the 1990s and of one of the milestones of the Brazilian constitution – promoting development and social equality without discrimination of any kind – and that today, more than ever, is urgent.

The Kátia Tapety School of Political Training has as its principle the unique desire to form more and more Katias throughout Brazil and around the world, strengthening civil participation in spaces of collective decision, expanding and improving democratic tools and contributing to the reduction of gender and race asymmetries in political participation at the regional, national and global level.

Agenda:

Launch of the Kátia Tapety Political Training School

Date and time: May 10th (Tuesday), 5pm to 7:30 pm (Brasília time)

Place: Cinematheque of the Museum of Modern Art of Rio de Janeiro (MAM)

Panel 1: Collective trajectories for the political participation of black, indigenous and LBTI women

Participants:

Rosângela Castro – Afro LGBT Network

Bruna Benevides – National Association of Transvestites and Transsexuals (ANTRA)

Michele Seixas – Brazilian Lesbian Articulation (ABL Network)

Panel 2: Articulations and strategies of black, indigenous and LBTI women to strengthen democracy in Brazil

Participants:

Kátia Tapety – Honoree and First Trans Afro Councilor  of Brazil

Samara Pataxó – Legal Advisor of the Articulation of the Indigenous Peoples of Brazil (APIB) and Head of the Center for Inclusion and Diversity of the General Secretariat of the Presidency of the Superior Electoral Tribunal (TSE).

Roberta Eugênio – Lawyer and Researcher at the Alziras Institute

Keila Simpson – President of the National Association of Transvestites and Transsexuals (ANTRA)

The event will be broadcast live via Zoom and Facebook Live and will feature simultaneous translation into Spanish and English (zoom only)

Zoom Link: https://bit.ly/3s5FS3x

*All safety protocols for COVID-19  will be required and carried out

*The event is not open to the general public

Nicaragua, four years of impunity: Race and Equality launches a campaign that demands truth, justice, reparation, and no repetition for crimes against humanity

Washington DC, April 13, 2022.- On the fourth anniversary of the sociopolitical and human rights crisis in Nicaragua, the Institute on Race, Equality and Human Rights (Race and Equality) launches the campaign “Nicaragua, four years of impunity” to denounce the serious violations of human rights that continue to occur in the Central American country, and to join the demands of processes that guarantee truth, justice, integral reparation of victims and non-repetition for crimes against humanity perpetrated in the framework of the violent and systematic repression of the civic rebellion of April 2018.

In addition, Race and Equality urges the international community to send a message to fight against impunity.

Context

Since April 2018, Nicaragua has been going through a deep crisis characterized by state and parastatal repression, the prolonged breakdown of the State of Decree, restrictions on civic space and the persistence of a situation of generalized impunity. This situation is manifested in severe violations of human rights that to this day have resulted in: 355 unpunished lethal victims, more than 2,000 injured protesters, at least 1,614 arbitrary arrests, the exile of more than 110,000 Nicaraguans, the growing criminalization of journalistic exercise, the closure of more than 114 civil society organizations, the upsurge of attacks against indigenous and Afro-descendant people on the Caribbean coast, and the permanence of more than 170 political prisoners under conditions that fail to comply with the Minimum Rules of the United Nations for the Treatment of Reclusive Persons (Nelson Mandela Rules) and the Internal Law on Human Rights, which may qualify for cruel, inhuman, degrading treatment, physical and psychological torture. These conditions are particularly violate 14 women, 13 people of third-age and people with chronic illnesses who are deprived of freedom.

The regime of Daniel Ortega and Rosario Murillo continues to fail to comply with all the recommendations of the international mechanisms of human rights for the restoration of democratic institutions and guaranteeing human rights in the country. Last year (2021), in the pre-electoral context -mainly in the months of May and June, Daniel Ortega, in his effort to secure his fourth consecutive term, imprisoned 47 people. Among these people are found all those who have expressed their willingness to be candidates for the presidency of Nicaragua, as well as student and peasant leaders, journalists, businesspeople, people defending human rights, among others.

These illegitimate votes from last November, which gave Ortega the victory, allowed to glimpse the erosion of democracy and the perpetuation in the power of a government that systematically violates the human rights of the Nicaraguan population, and were questioned by the European Parliament, the United Nations (UN) and the Organization of American States (OAS). The latter assures that “they are not free, fair or transparent and do not have democratic legitimacy”, in accordance with international standards.

In February of this year (2022), the Judicial System of Nicaragua controlled by the regime, renewed the judgments against people arbitrarily detained in the pre-electoral and electoral context, under laws that unduly restrict the civic and democratic space, particularly the Law Special on Cybercrime (Law 1042), Law against money laundering, financing of terrorism and the proliferation of weapons of mass destruction (Law 977) and the Law on Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace (Law 1055). All these judgments were marked by serious violations of the guarantees of the procedural rights, such as the right to defense, the presumption of innocence, the equality of procedural parties, the right to be judged by an independent and impartial court. It is worth noting that, in all cases, the judged persons were sentenced to disproportionate penalties with alleged assumptions that the commission of alleged crimes did not demonstrate. Likewise, the right of defense was not respected by not allowing the submission of claims on the part of the prosecuted.

Last March 7, in the presentation of its annual report on the situation of human rights in Nicaragua, the High Commissioner Michelle Bachelet, denounced the faults in the process and the inhuman conditions that “have progressively deteriorated the state of health of those detained, particularly of older people and chronic patients”. Likewise, it urged the Human Rights Council (CDH) to take all measures to ensure the surrender of accounts. In order to guarantee justice, truth and reparation in the face of extrajudicial proceedings, arbitrary arrests and other serious violations of human rights, the Council approved a resolution that establishes during a year a “Group of Experts on Human Rights” with the mandate of investigation and surrender of accounts for the serious violations of human rights committed since 2018.

However, on the eve of the anniversary of the social protests, the Nicaraguan regime is repeating the repressive patronage against victims’ families, human rights defenders, journalists and other dissidents. On the day of April 12, relatives of Darwin Potosme, the lethal victim of the repression, denounced police harassment, trespassing of their home and threats of imprisonment by National Police agents. The opponent Yolanda González suffered the trespassing of her home in the presence of underage people, interrogations and surveillance by paramilitaries. The critical singer for the government, Josué Monroy of the band “Monroy y Surmenage”, the producer of “La Antesala”, Leonardo Canales; and the people producing musical events by SaXo Producciones, Salvador Espinoza and Xochitl Tapia, were also detained by police officers during a raid in their homes.

Campaign

Given this context, and as a way to commemorate the fourth anniversary of the civic rebellion in April 2018, Race and Equality will launch a campaign on April 18 that makes visible the serious abuses of human rights in Nicaragua, the hard work of organizations of civil society in the search for justice, and the positioning of the international community in this deep crisis.

We interviewed Nicaraguan human rights defenders about the current situation in the country, the conditions of political prisoners in the detention centers, their judgments, condemnations and the role of civil society in the defense of their rights. Additionally, we interviewed the Rapporteur for Nicaragua of the Inter-American Commission on Human Rights (IACHR), Esmeralda Arosemena, about the advances and challenges of human rights in Nicaragua, the role of the IACHR in the current context, the mechanisms and international instruments that exist for the rendition of accounts, among other aspects; and the Representative of the Office of the United Nations High Commissioner for Human Rights (OHCHR), Alberto Brunori, on the mechanism or group of three human rights experts that will investigate for one year the human rights violations committed since April 2018.

All the products of this campaign will be published through the accounts of Twitter , Facebook and Instagram , and the website of Race and Equality We invite the international community, national and international press and civil society to unite and share content using the hashtags #SOSNicaragua and #Nicaragua4YearsofImpunity , so that the cry for the cease of repression and demand for truth, justice, reparation and no repetition is heard in Nicaragua and all over the world.

#31M: Recognize and respect the gender identity of trans people for the full guarantee of their human rights

Washington DC, March 31, 2022. – On International Transgender Day of Visibility, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to magnify the importance of recognizing and respecting the gender identity of trans people, as a basis for the full guarantee of their human rights, specifically their economic and social rights. In Latin America, people with diverse gender identity and expression face great challenges in accessing basic services which, in turn, constitute fundamental rights that every person should enjoy without suffering any type of discrimination or violence.

In at least 11 countries in Latin America and the Caribbean there are legal or administrative processes for trans people to rectify their identification documents according to their gender identity. For example, in Brazil—the country with the highest number of murdered trans people in the world—the Federal Supreme Court (STF) established in 2018 that trans people and transvestites over 18 years of age, regardless of sex reassignment surgery, hormonal treatment or the presentation of medical or psychological documents, have the right to change their name, gender, or both, at any Civil Registry office in the national territory, without the presence of a lawyer or public defender.

Meanwhile, in Mexico, 14 of the 32 States of this country recognize in their legislation the right to gender identity, so that trans people can access the modification of their sex or gender through an administrative process, without having to go through a judicial process. The State of Mexico was the last to incorporate this recognition, in July 2021, with a vote in Congress that had 59 votes in favor, one against and eight abstentions. The other states are Coahuila, Colima, Chihuahua, Hidalgo, Jalisco, Michoacán, Nayarit, Oaxaca, Quintana Roo, San Luis Potosí, Sonora and Tlaxcala.

In countries such as Guatemala, Nicaragua, Panama and the Dominican Republic, there is no legal or administrative framework for trans people to rectify their identity documents, or there is no jurisprudence in this regard; therefore, if a trans person decides to start the process, this is at the discretion of the administrators of justice and it can be a long and costly path economically and emotionally. That is the case of Mística Guerrero, a trans woman from Nicaragua who until May 2021 did not have an identity document. In 2012 she began the process of changing her name before the Supreme Court of Justice and since then there has been no ruling on her case, according to a local media report.

The lack of recognition of the gender identity of trans people is not only determined by the existence or not of processes to change their name, but also by the will and management capacity of State institutions that must implement these regulations in civil registries. And the fact is that, despite the existence of these processes in many countries, activists and LGBTI+ organizations usually experience difficulties for trans people to access them, due to factors such as lack of clarity and transphobic attitudes, which generates delays and people desist from continuing the process.

Added to this is the fact that there are very few trans people who have the support of their families in these processes. The home is configured as the first space in which people with diverse gender expression and identity experience acts of rejection, violence and discrimination, a dynamic that is maintained throughout their lives.

“[…] There are countless barriers that keep trans and gender diverse people from being able to develop their full potential and from accessing basic rights from an early age, which has to do with the rejection and violence they receive since they begin to externalize their gender identity. In that order, there are numerous reports that show a high prevalence of trans and gender diverse adolescents who suffer expulsion from their homes at an early age”, explains the Report on Trans and Gender Diverse People and their economic, social, cultural and environmental rights, published in August 2020 by the Inter-American Commission on Human Rights (IACHR).

Gender identity and economic and social rights

The non-recognition of gender identity has serious implications for the recognition and exercise of human rights, including economic and social rights. It is important to point out that States have an obligation to fulfill and guarantee these rights based on the principle of equality and non-discrimination of the Universal Declaration of Human Rights and the American Convention on Human Rights.

“The lack of guarantee of the right to recognition of gender identity has as a consequence because trans and gender diverse people often carry identification documents that are not consistent with their gender identity,” the IACHR points out in the aforementioned report. In this way, access to rights such as health, education, housing and employment is limited and subject to prejudice. In addition, the possibilities of people suffering situations of violence and discrimination are increased.

Agatha Brooks, a trans woman from the Dominican Republic and a member of the organization Trans Siempre Amigas (TRANSSA), has experienced discrimination when trying to access housing. “We are not allowed to rent a house, because they believe that we are depraved people and that we are bad examples for children or families around us,” she indicates.

Apart from the problem of access to these rights, trans people also face violence and discrimination when they exercise them. Arturo Nicolás, a trans man from Peru and a member of Transmasculine Diversity, says that urgent measures are needed in the educational field to guarantee full access of trans people to this right. “ This does not mean only opening the spaces through quotas or similar measures. The care and containment protocols in case of violence are pillars to support trans or gender diverse people in educational spaces”, he affirms.

While Bruno Pfeil, a trans man from Brazil and coordinator of the Revista Estudios Transviades, shares his experience in access to health: “In the field of health, the (dis)access that weighs me down the most is gynecological health. Whether it’s for testing, or just for a routine checkup; It is always a headache to have to explain that I have a uterus, that I need a certain consultation, and that the regard that should be given to my body cannot be built under the cisgender prerogative.”

In its Report on Trans and Gender Diverse Persons and their economic, social, cultural, and environmental rights, the IACHR gives a comprehensive account of how the impossibility of rectifying personal documentation has been identified as one of the greatest obstacles to the effective enjoyment of other human rights, both civil and political as well as economic, social and cultural, for which it considers it urgent that the States adopt measures to guarantee this right in accordance with inter-American and international standards on the matter.

Although we recognize and celebrate the adoption of judicial and administrative processes for the recognition of the gender identity of trans people in several Latin American countries, we believe that this does not only depend on correcting their name and/or gender in their respective identity documents, but it is also closely related to the implementation of educational processes and public policies to eliminate LGBTIphobia in society and guarantee effective services that are tailored to their needs, respectively.

We also appreciate and thank the role of the United Nations Independent Expert on Gender Orientation and Identity, Víctor Madrigal-Borloz, who, through reports—such as the latest titled Law of Inclusion and Exclusion Practices—and numerous interventions before civil society and States, has positioned the issue of gender identity as a determining experience in people’s lives and, therefore, subject to a framework of rights that States must guarantee.

Along with this, we submit some recommendations to the States, many of which were set out by the IACHR in the aforementioned report and which we consider key steps to guarantee the human rights of trans people in the region:

  • Adopt gender identity laws that recognize the right of trans and gender diverse people to correct their name and the sex or gender component on their birth certificates, identity documents, and other legal documents. This is based on Advisory Opinion 24/2017 of the Inter-American Court of Human Rights (IA Court).
  • Eliminate from their legislation and public policies any form of criminalization, direct or indirect, of the conduct of people in the exercise of their gender identity or expression.
  • Include protections against discrimination based on gender identity, in the public and private spheres.
  • Develop and implement policies and programs to promote respect for the rights of trans and gender diverse people and their acceptance and social inclusion. These must be comprehensive, transversal and based on the human rights approach and particularly including the gender perspective.
  • Develop and implement informative awareness and awareness campaigns in the public and private media on body and sexual diversity and the gender approach.
  • Promote information campaigns for trans and gender diverse people about all their human rights and existing protection mechanisms.

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