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

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.

#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.

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