Specialists and activists call for the activation of the Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination, and All Forms of Discrimination and Intolerance

Specialists and activists call for the activation of the Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination, and All Forms of Discrimination and Intolerance

Washington D.C., March 29, 2022.- Specialists and activists from Latin America and the Caribbean called for the activation of the Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and intolerance. In order for the Committee to be activated, at least ten member states of the Organization of American States (OAS) must ratify the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance (CIRDI).

This call for activation of the Committee took place during a webinar organized by the Institute on Race, Equality and Human Rights (Race and Equality)—with the support of the Inter-American Commission on Human Rights (IACHR)—in commemoration of the International Day for the Elimination of Racial Discrimination. The event had the participation of Commissioner Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and Against Racial Discrimination, of the IACHR; Dayana Blanco, Executive Director of Ilex Acción Juridica, of Colombia; Aniella Franco, Executive Director of the Marielle Franco Institute, of Brazil, and Manuel de Jesús Dandre, Executive Director of the Jacques Viau Network, of the Dominican Republic.

On behalf of Race and Equality, the Executive Director, Carlos Quesada, and the Brazil Program Officer, Nathaly Calixto, participated. Ms. Calixto served as moderator. In his welcoming remarks, Mr. Quesada highlighted the fact that the Americas have tools such as the CIRDI to combat racism and racial discrimination, although he also recalled that to date, this Convention has only been ratified by six OAS countries and that, according to its article 15, it is necessary for ten countries to ratify it so that the Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance can be created.

Likewise, he drew attention to the situation of violence and discrimination faced by Afro-LGBT people in countries such as Brazil, Colombia, and the Dominican Republic. In the case of Brazil, he explained that the ANTRA organization documented that in 2019 there were 124 murders of trans people, of which 75% were Afro-descendants. Quesada emphasized that mechanisms established several years ago should be used, such as the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and recently created mechanisms, such as the United Nations Permanent Forum for Afro-descendants.

Structural transformation

The Executive Director of Ilex Acción Jurídica, Dayana Blanco, referred to the need for the content and scope of the CIRDI to be disseminated among Colombian society and organizations, in order to learn how this instrument can contribute to the fight against racism and racial discrimination, and how it differs from the regulations on this matter that are already part of Colombian legislation. The activist emphasized that the Law is not the only way to transform societies, for which she also highlighted the importance of implementing educational strategies aimed at the various sectors that comprise them.

Recognition and identity

From the Dominican Republic, the Executive Director of the Jacques Viau Network, Manuel de Jesús Dandre, praised the importance of the Inter-American Convention against Racism and the Committee for the development of educational processes on ethnicity and race, saying that in this eminently Afro-descendant country, only 8% of the population is recognized as such. In addition, he expressed his concern that the State does not recognize racism and racial discrimination as latent problems in Dominican society.

Fight against racist police violence

Anielle Franco, Executive Director of the Marielle Franco Institute, from Brazil, referred to the problem of racist police violence in this country, alluding to the case of the young woman Kathlen Romeu, who died in June 2021 as a result of a stray bullet when she was 13 weeks pregnant in a Military Police operation in a favela in Rio de Janeiro. “Police violence has cut off our dreams. Since we were little, we experience in our skin the sensation of always wanting to flee from the presence of the police, from stray bullets,” said the activist, pointing out the need to articulate actions to activate the Committee and other spaces to combat racism and racial discrimination.

Commitment for 2022

Commissioner Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and against Racial Discrimination, of the IACHR, also recognized the impact that racism and racial discrimination have on the integrity and quality of life of people of African descent, to the point that she assured that in Brazil there is a “racial genocide”. For this reason, she pointed out that it is urgent that during 2022 we achieve the ten ratifications that would allow the activation of the Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance.

Race and Equality recognizes and appreciates the contributions of the specialists and activists who participated in this event and joins the call to combine efforts to achieve the creation of the aforementioned Committee, as a regional mechanism to combat racism and racial discrimination in the Americas. We firmly believe in the principles and mandates of the Inter-American Convention against Racism, so from our CIRDI 2024 campaign “Towards a region free of racial discrimination” we will continue working hand in hand with civil society to pressure the States for their signature, ratification, and effective implementation.

International Day for the Elimination of Racial Discrimination: The new international standards on the rights of people of African descent and racial justice, and the Inter-American Convention against Racism

Washington D.C., March 21, 2022.- Since events such as the murder of the African American citizen George Floyd, the problems of racism and racial discrimination have been positioned on the world agenda, generating reactions and measures of protection and reparation for people of African descent. It is undeniable, for example, the effort that has been made at the level of the Universal Human Rights System to create and strengthen international mechanisms in matters of human rights of this population and racial justice.

This International Day for the Elimination of Racial Discrimination, from the Institute on Race, Equality and Human Rights (Race and Equality) we want to recognize the new international standards on the rights of people of African descent and racial justice, but also call that these mechanisms go from paper to reality, and we can show a full guarantee of rights for Afro-descendants throughout the world.

The mechanisms and their mandates

The aforementioned context of awareness and actions in favor of the rights of people of African descent has also been driven by the plan of activities for the International Decade for People of African Descent (2015-2024). One of its main objectives is to approve and strengthen national, regional, and international legal frameworks in accordance with the Durban Declaration and Program of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.

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

The resolution determines that the Forum will be composed of ten members. Five of these members—who currently include the former Vice President of Costa Rica, Epsy Campbell, and the attorney Justin Hansford of the United States—are designated by governments and elected by the General Assembly on an equitable geographic distribution basis, and five more appointed by the president of the Human Rights Council in consultation with Afro-descendant organizations. Another of its mandates is to evaluate a possible United Nations declaration on the promotion, protection, and full respect for the human rights of people of African descent, in addition to identifying best practices, challenges and opportunities and initiatives to address issues related to Afro-descendants.

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

The mandate of this international mechanism of independent experts is for three years, and is clearly defined in nine tasks, among them is “making recommendations on the way in which national legal regimes use of force by law enforcement agents may conform to applicable human rights standards.” In addition, its means of action include country visits and inclusive outreach and consultations with States, directly affected individuals and communities, and other stakeholders.

Last December, it was learned that the mechanism was made up of Judge Yvonne Mokgoro from South Africa, Tracie L. Keesee from the United States and Juan Méndez from Argentina. One of their next missions, according to the resolution of the Human Rights Council, is that, together with the High Commissioner for Human Rights, they write two separate reports annually and present them to the Human Rights Council as of its 51st session, scheduled for take place between September and October of this year. This in the framework of an interactive dialogue in which priority is given to the participation of the people and communities directly affected, including the victims and their families.

Situation in Latin America

In Latin America, racism and racial discrimination are structural and persistent problems, with diverse manifestations and consequences that have their roots in the slavery imposed by European colonialism. The recent visibility of police brutality, episodes of racial profiling, systemic violence against people of African descent, and their impunity, are proof that these evils are still latent in society in the 21st century.

Given this reality, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) is configured as a powerful tool to combat these problems. This Convention was adopted by the OAS General Assembly on June 5, 2013, thus becoming the homologous convention of the International Convention on the Elimination of Racism and Racial Discrimination (CERD) of 1965, the first international instrument of universal scope from which the fight against racism and racial discrimination was prioritized, and of which the 35 member states of the OAS are part of.

To date, only six countries in the Americas (Antigua and Barbuda, Brazil, Costa Rica, Ecuador, Mexico, and Uruguay) have fully adhered to the CIRDI, that is, they have signed and ratified it. Meanwhile, seven other countries (Argentina, Bolivia, Chile, Colombia, Haiti, Panama, and Peru) have only signed it, so the instrument is not yet binding in those States. Race and Equality, through the CIRDI 2024 campaign “Towards a region free of racial discrimination”, has proposed to promote the ratification and implementation of the CIRDI in most of the countries that make up the OAS.

Regarding the CERD, the CIRDI contains innovative provisions, such as placing the definition of the term “racism” in a legal instrument, as well as establishing that acts of racial discrimination can occur in both the public and private spheres, while the CERD limits these facts only to the private sphere. The CIRDI also contemplates the creation of an Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance. This Committee’s mission is to monitor the commitments assumed in the Convention, serve as a forum for the exchange of ideas and experiences, make recommendations to the member states, and receive reports from the States on compliance with the obligations of the Convention. However, the establishment of this Committee is subject to 10 countries ratifying the Convention, which has not yet happened.

Relevance of the CIRDI for Colombia and Brazil

In Colombia, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance began its ratification process through the presentation of the Bill for its approval on December 16, 2021. This Convention could mean a substantial contribution to the construction of peace in Colombia with its ratification. In particular, the CIRDI would be a living legal instrument that would provide support and strengthening to the existing legal framework, especially in the recognition of racism and racial discrimination as structural phenomena that have sustained disproportionate and differentiated affectations against the black, afro-Colombian raizal, and palenquera population.

People of African descent suffered the disproportionate impacts of the armed conflict in Colombia. According to the Unit for Comprehensive Care and Reparation for Victims (UARIV), 1,177,120 Afro-Colombian people have been registered as victims in the Single Registry of Victims (RUV) to date. The Final Peace Agreement recognized the disproportionate impacts against Afro-Colombian communities, especially through the inclusion of the Ethnic Chapter, whose purpose is to generate maximum guarantees for the full exercise of human rights of ethnic communities in the country. In this sense, it points out that the Peace Agreement must be interpreted considering the existing international, constitutional, jurisprudence and legal framework, including, for example, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

The ratification of the CIRDI implies that the countries make modifications in their legislation to adapt to the principles and mandates of the Convention, so its ratification in Brazil in February 2021 opened a new scenario for anti-racist discourse and activism in the country, where 55% of the population is Afro-descendant. However, at the same time, an important challenge is configured, which is to guarantee its effective implementation. At Race and Equality, we have acquired the commitment to provide technical assistance to both civil society and the State so that the CIRDI becomes a reality in Brazil.

Notably, police brutality accounts for a large proportion of the murders of Afro-Brazilian men and women, including Afro-transgender women. The Brazilian Forum of Public Security documented that “the mortality rate in 2019 due to police interventions was 183.2% higher for Afro-descendants than for whites.” Along the same lines, the Brazilian Public Security Yearbook documented that Afro-descendants are the greatest victims of police lethality; in 2019, 79.1% of the victims of police interventions were Afro-descendants, while 20.8% were white.

We see then that, both at the universal level and at the inter-American level, there are strengthened and innovative mechanisms for the defense and protection of the rights of the Afro-descendant population. This is, without a doubt, a great step towards the elimination of racism and racial discrimination, since for this there has been a process of reflection and evidence of the causes, manifestations, and consequences of these evils in different areas of society. We are now faced with the task of appropriately and effectively implementing these instruments. Such a mission not only corresponds to the States as responsible for the adherence and implementation of the mechanisms, but from civil society and from the international community there must be the responsibility to follow up on these processes.

At Race and Equality, we firmly believe that these new mechanisms, added to those that have existed for several years, represent an opportunity to make visible and improve the human rights situation in the region, in the short and medium term. Therefore, we reaffirm our commitment to continue strengthening the capacities of civil society organizations so that they undertake advocacy and monitoring processes in the adoption and implementation of these instruments. In the particular case of the CIRDI, we call on States to ratify and implement this important Convention in terms of human rights, as well as activists and organizations to establish strategic routes to influence the ratification and implementation of the Inter-American Convention against Racism in their respective countries.

Protecting the Rights of Afro and Traditional Quilombola Brazilians: A Conversation Led by the Collective of Black Entities of Brazil

Washington DC, March 10, 2022 – The International Institute on Race, Equality and Human Rights (Race & Equality) and The Washington Office on Latin America (WOLA) cordially invite you to the following event: “Protecting the Rights of Afro and Traditional Quilombola Brazilians: A Conversation Led by the Collective of Black Entities of Brazil”.

Over the past decade, the crisis of police violence in Brazil against Afro and traditional Quilombola Brazilians has exacerbated exponentially. It is a known statistic that a Black Brazilian youth dies every 23 minutes in the country, yet there has been no accountability on behalf of the state. Likewise, the lives of traditionally Black peoples, like the Quilombola communities and those of Afro-Brazilian religions such as Candomblé, continue to be threatened daily, and the state has again lacked in enforcing accountability and protecting the rights of these communities. The Collective of Black Entities (CEN), a national entity of the Brazilian Black movement, has initiated several programs to bring media attention to the crisis and support Black Brazilians who have been wrongfully incarcerated. The CEN was founded in 2003 in Bahia, the capital of Salvador, and is present today in seventeen Brazilian states and three Latin American countries. 

Join us for an event on Monday, March 14 at 2:00 p.m. with Marcos Rezende and Yuri Silva, who will discuss the state of police violence against Black Brazilians and the struggle to guarantee the rights of these marginalized communities.

Event Details:
Monday, March 14, 2022

2:00 p.m. – 3:00 p.m. EST

In-person event at Race and Equality’s DC Office:

1620 Eye (I) St, NW, Suite 925

Washington, D.C., 20006

RSVP for in-person attendance by sending  a message to: calixto@oldrace.wp

This event will also be live streamed through Zoom: Register on Zoom

Simultaneous interpretation from Portuguese to English will be available.

Panelists:

Marcos Rezende – Founder Collective of Black Entities

Yuri Silva – National Coordinator Collective of Black Entities

Moderator: Nathaly Calixto – Race and Equality Brazil Program Officer 

8M-International Women’s Day: Recognize and protect women’s leadership from an intersectional perspective

Washington DC, March 8, 2022. – The fight of women for their rights has been tireless. Although Latin America is going through critical moments in terms of democracy, human rights and security, women remain firm in the process of denouncing the violence they face and advocating for structural changes. This International Women’s Day, the Institute on Race, Equality and Human Rights (Race and Equality) wants to draw attention to the importance of recognizing and protecting women’s leadership, and that this be done at all levels of society from an intersectional perspective.

We recognize that women’s life experiences are directly influenced by their gender, as well as other characteristics such as their race or ethnicity, their gender identity and expression, and the role they play in society. In this way, women human rights defenders, Afro-descendants, indigenous, lesbian, trans and women journalists, to name a few, face particular situations when exercising their leadership or their professions, which often threaten their integrity and put their lives at risk.

Below, we provide an overview of the specific problems faced by different groups of women in the region. At the same time, women from Nicaragua, Brazil, Colombia, Cuba, Peru, and the Dominican Republic offer their perspectives on how their activism and professional work are marked by the adverse contexts that prevail in their countries.

Defending Rights in a Dictatorship

Women have been active subjects and protagonists in the defense of human rights and in civic resistance since before the social unrest in Nicaragua in April 2018. In the current context, characterized by systematic state and parapolice violence, women defenders, activists, and journalists are targets of persecution, harassment, siege, threats, and deprivation of liberty. These attacks expose them to even greater risks because of their gender.

According to records from the Nicaraguan Initiative of Human Rights Defenders (IND) and the Autonomous Women’s Movement (MAM), since the beginning of the crisis in April 2018, at least 109 women defenders and activists have been arbitrarily detained, and there have been more 4,000 attacks on defenders. On the other hand, at least 12 released women have reported having been victims of some type of rape, among other attacks; and 13 women (5 of them older adults) continue to be deprived of liberty for political reasons and without adequate medical care in detention centers.

The President of the Nicaraguan Center for Human Rights (CENIDH), Vilma Núñez de Escorcia, affirms that, historically, women political prisoners have suffered serious differentiated aggressions within detention centers. She recalls that, as a political prisoner of the Somoza dictatorship, her greatest fear was that “she would be transferred to the Somoza State Security Directorate, where there was a history of sexual violations of political prisoners.” Now, she denounces that the government of Ortega and Murillo, through “perverse police officers” subjects women political prisoners to isolation, incommunicado detention, prolonged interrogations, and other forms of psychological and physical torture. She cites the cases of Suyén Barahona, Tamara Dávila, Dora María Téllez, and Ana Margarita Vijil, who have spent almost 9 months in isolation cells.

Ana Lucía Álvarez, who is a human rights defender and a relative of three political prisoners, explains that women defenders are victims of sexualized attacks such as touching, nudity, sexual torture, network dismantling, among others. Likewise, she denounces that “in one of the trials of a political prisoner, the prosecutor’s narrative was related to whether she had a partner, whether she had had sexual relations with this or that person. These are narratives that do not appear in the trials of men who are political prisoners but do appear in the trials of women who are being prosecuted and criminalized,” she concludes.

Fighting and Surviving Transphobia 

In Brazil, where civil society organizations constantly denounce the wave of violence against human rights defenders, in addition to being the country with the most murders of trans people in the world, trans women who hold public office face hate speech and lack of State protection every day. “In the 2020 elections, some 30 trans/transvestite women were elected and in the exercise of their mandates their lives are threatened, which demonstrates and justifies that we are (…) in dispute over the social project,” says Ariela Nascimento, a trans woman and parliamentary adviser to Councilwoman Benny Briolly (Niterói-RJ), who is also a trans woman.

Ludymilla Santiago, a trans leader for more than 13 years who raises her voice for women’s rights from a non-binary and inclusion perspective, points out that the issue of identity is very important for trans women and that the discourse on being a woman goes far beyond current social impositions. “We must evolve and make this diversity more and more represented to break the patriarchal hegemony,” she says.

Confronting Violence and Racism

The armed conflict in Colombia—whose greatest impact has been in areas with Afro-descendant populations—has differentially affected Afro-descendant women in the country. Among the main effects is sexual violence. According to figures from the Single Registry of Victims, 20% of all women victims of sexual violence are Afro-descendants. Luz Marina Becerra, representative of the Coordination of Displaced Afro-Colombian Women in Resistance La COMADRE, emphasizes the gaps of inequality, racism and discrimination that black, Afro-Colombian, Raizal, and Palenquera women have to face, thus making it impossible to effectively enjoy their rights.

The COMADRE has been requesting the State to comply with Resolution No. 2016-244846 for 5 years now, through which its registration in the RUV was ordered and it was recognized as an ethnic subject of collective reparation under the terms of Decree Law 4635 of 2011. However, after 5 years and numerous requests to start with this route through prior consultation, they have been denied by different state agencies, ignoring their fundamental rights.

Practicing Journalism to Resist Censorship and Violence

According to the Inter-American Commission on Human Rights (IACHR) and its Office of the Special Rapporteur on Freedom of Expression, Cuba is the country in Latin America with the fewest guarantees for the exercise of freedom of expression and, therefore, freedom of the press. The independent press on the Island constantly faces government censorship, harassment, and repression and, in the midst of this reality, women journalists suffer different impacts.

In the “Paper Democracy” report, the organization Article 19 reports “systematic and generalized attacks that are implemented to suffocate journalism.” It details that, during 2019, they documented that a journalist on average could be attacked up to five times in a year, but in 2020 the average increased to six times and, in 2021, it rose to eight times. And in the case of women, this situation is aggravated, since on average a journalist was attacked eight times a year in 2020 and up to 11 in the first half of 2021.

On repeated occasions, the journalist María Matienzo has been the target of interrogations, harassment, and smear campaigns on social networks in which her gender and gender expression are the focus of attack. She considers that practicing journalism in such an adverse context does not make her an activist, but she is clear that this profession forces her to cross the borders of writing and ends up accompanying other women who have suffered violence. “Hopefully saying what you think in the midst of so much adversity is some kind of leadership because sometimes we have no choice but to disagree if we want to live with some dignity,” she says.

Advocating for Equality

In Peru, lesbian women are joining forces to achieve the adoption of policies in favor of their rights to equality and non-discrimination. In the recent CEDAW Committee review of the State, a coalition called #LesbianasCEDAW advocated for this body to make specific recommendations on their rights, based on the main problems they face. One of their demands is to strengthen and implement the comprehensive sex education policy that recognizes lesbian children and adolescents as subjects of rights, in order to prevent and address all forms of violence.

Likewise, they demand that the Congress of the Republic modify article 234 of the Civil Code through the approval of legislative initiative 525/2021-CR, a bill on same-sex marriage, and that the National Registry of Identification and Civil Status (RENIEC) apply article 2050 of the Civil Code, which establishes the recognition of rights acquired abroad; the latter due to the non-recognition of the marriages of lesbian women who marry outside the country and of their children.

“In the Peruvian case, feminist lesbians have contributed to expanding the essential content of the right to equality and non-discrimination to incorporate the prohibition of discrimination based on sexual orientation and gender identity. Likewise, to understand that lesbians and women in general do not want to be equal to men, but rather we think about equality considering differences and access to freedoms, rights, goods, and power,” says María Ysabel Cedano García, a Quechua lesbian feminist socialist.

Accompanying Discriminated Migrant Women

In recent months, the Government of the Dominican Republic has been criticized for the application of a measure that consists of deporting pregnant Haitian women. To date, some media reports the deportation of between 200 and 300 women in this condition. This situation has become a new cause of concern for the Dominican-Haitian Women’s Movement (MUDHA).

In this sense, Jenny Morón, from the Legal Department of said organization, shares that she feels privileged to have the opportunity to raise her voice on behalf of other migrant women who suffer this and other types of violence. “When I speak for women, I speak for my generation, for my offspring, I think I am building a foundation for my daughter and granddaughters to live in a world that is less discriminatory and more equal,” she affirms.

This International Women’s Day, from Race and Equality, we express our utmost admiration and respect for the work carried out by thousands of women for the recognition and guarantee of their rights. We will continue accompanying them. We also call on States to adopt laws and policies that protect their activism and professions in line with international human rights standards and, in addition, respond to their demands; all this taking into account that women are diverse and that their life experiences are marked by their characteristics and the roles they play in society. We ask the human rights systems to be protagonists in the development of national and regional standards for the protection of women, offer technical assistance to States for the adoption and implementation of the same, and recognize the diverse and intersectional identities of women.

Closing of Civic Spaces: Race and Equality, Criola, Geledés and Iepé in favor of the democratic participation of black and indigenous civil society

Brazil, February 23, 2022 – the International Institute on Race, Equality and Human Rights (Race and Equality) through the Latin American Human Rights Consortium, joined Brazilian civil society organizations: Criola, Geledés – Instituto da Mulher Negra and the Institute for Research and Indigenous Training (Iepé), to make visible Brazil’s situation regarding the participation of organized civil society in civic spaces. Focusing on black and indigenous populations, the research aims to produce a report to denounce, before international human rights mechanisms, the current regulatory frameworks that restrict freedom of association, limit freedom of expression and extinguish channels for civic participation in the country.

In view of the current global climate of democratic tensions, Latin American countries have been facing an uptick of restrictions and attacks that threaten the participation of organized civil society in decision-making spaces. In other words, with the closing and/or tightening of civic spaces, restrictive measures aggravate the harsh conditions that civil society organizations have faced every day for decades, including arbitrary arrests, enforced disappearances and murders of human rights defenders.

Added to this difficult scenario, the COVID-19 pandemic has particularly affected the region. Although some countries are among the highest numbers of infections and deaths in the world, the unequal distribution of vaccines, poor access to health services, the sharp drop in employment, and the lack of social protection systems, reveal that institutional weaknesses and structural problems that affect, especially the most vulnerable populations, have intensified. Under the pretext of maintaining security, the pandemic has also been used by governments in the region to impose greater restrictions on movement and freedom of expression, further limiting spaces for civil society to participate.

For David Alvarez Veloso, the Regional Race and Equality Coordinator for the Human Rights Consortium, this project is of paramount importance for the development and strengthening of democracy in the countries where civil society organizations play an active role in political and social life. It is also important to document and make visible the increasing restrictions and obstacles that have reduced spaces of participation. “With the support of the Consortium of Human Rights, and thanks to the work of organizations such as Criola, Geledés and Iepé in Brazil, among others, we have comparative and updated information on the effects these measures have on the different populations of the country. In this way, it is possible to empower leaders to strengthen the protection of human rights and articulate advocacy strategies at national and international levels, in order to end restrictions on citizen participation,” explains Alvarez.

Brazil and the history of threats to civil society participation

Towards the end of the dictatorial period in Brazil, civil society began to achieve voice and citizen participation to build new perspectives for a full democratic rule of law. In 1988, with the validity of a new Federal Constitution, a political conjecture came into force that valued more transparency of data, information, public budget and, also, as a new window of opportunities and rights for historically excluded groups, such as black, indigenous and LGBTI+ populations. However, since 2014, with the approval of constitutional amendments in the Dilma Roussef government – such as the anti-terrorism PEC and the sanctions related to state security until the coup d’état in 2016, which led to her impeachment – civil society’s relations with the State have intensified deeply.

These restrictive measures represented a blow to civil society because public demonstrations came to be understood as manifestations contrary to the interests of the State. However, what has been denounced by organized civil society is that during the current government of Jair Bolsonaro, the spaces for dialogue and guarantee of rights are practically null and for human rights defenders involve a dynamic of persecution, violence, surveillance and even death. The organizations denounce that even without a military decree or legal order to close civic spaces, the current relationship between the Executive and civil society prevents the debate of agendas and the presentation of social demands. In short, there is no dialogue.

Consequences for black and indigenous populations in Brazil

In November 2021, Race and Equality launched the webinar, “Closing spaces for participation: threats to civil society in Brazil, Honduras and Guatemala,” which was attended by representatives of civil society organizations, together with the vice president from Costa Rica, Epsy Campbell Barr, to denounce and outline proposals for the regional strengthening of civil society. The virtual event was attended by Lúcia Xavier, General Coordinator of Criola, who exposed the situation of persecution of human rights defenders and violations of democracy that make black and indigenous people even more vulnerable, with total erasure of their political agendas.

According to Lúcia Xavier, these attacks are reflected from the political violence that black women; cis and trans people, have been suffering with the contempt of the Executive. With lack of access to public information at the height of the pandemic, it was necessary to create a consortium between public and private sectors so that the population could follow the cases. Furthermore, Lúcia highlighted the death of human rights defenders both in cities and in the countryside, and that even protection programs are not adequately secure.

“The Brazilian Constitution guarantees the citizenship and participation of organized civil society in all policies. These sectors are not closed, these councils work, but the ability to admit and dialogue with other sectors of society no longer exists. Therefore, there is also no monitoring of policies and public budget in Brazil. Essentially, these laws immobilize the civil society participation format, and any demonstration can be considered as terrorism and a threat to national security,” emphasized Xavier during the event.” [1]

Faced with this situation of withdrawal of rights and silence, the questioning and search for justice is revealed as a path of dialogue for vulnerable populations. However, Rodnei Jericó da Silva, Coordinator of SOS Racismo do Geledés, sees with apprehension the 2022 electoral agenda, in which he believes that any incidence of civil society will overlap, but depending on the outcome of the elections there is a way for change and for civil society participation in decision-making spaces.

“The Brazilian population is mostly black, public policies or even social policies are debated in spaces where there was participation of society. The damage to the collective is enormous because the target audience is not being heard, which indicates that the possibility of error and ineffectiveness is much greater. Participation spaces improve the democratic system, strengthen society, which feels integral to the process, and together seek solutions to problems,” says Jericó.

The struggle of the indigenous population to not be completely decimated by the current government has been extremely challenging with the emptying of public institutions that ensure security and indigenous rights, such as the National Indian Foundation (FUNAI), in addition to attacks on communities and their territories throughout the country. In 2021, the vote of Marco Temporal, [2] until now suspended by the Supreme Court (STF), aims to remove the possession of indigenous lands guaranteed by the Constitution. According to Luis Donisete, Iepé’s Executive Coordinator, the closure of public spaces of indigenous and environmental policies in Brazil has major implications for the exercise of citizen participation and indigenous social control.

“The anti-democratic and anti-indigenous bias of the current government has been transformed into an orientation towards the policies of the Brazilian state, contrary to activism and the actions of organized civil society. The results are the abandonment of government programs and policies that implemented rights enshrined in our legislation in different areas: health, education, culture, territorial management, protection of indigenous lands. Today there are no more channels of dialogue between indigenous representatives and different governmental bodies. It is a huge setback that will take years and a lot of dedication to rebuild,” denounces Donisete.

In this context of uncertainties, denunciations and silencing of civil society in Brazil, Race and Equality makes a call to international human rights mechanisms for a framework that can be further aggravated with the elections taking place in the country in November 2022. Considering the setbacks and limitations to citizen participation mentioned above, and to strengthen the role of civil society in democratic life, it is important that the Brazilian state advances, among others, in:

 1 – As provided for in the Constitution and in the laws, guarantee the political participation of organized civil society in public institutions and decision-making spaces of power, with effective monitoring of policies and public budget;

2 – Ensuring transparency in access to public information and carrying out data collection for the construction of intersectional public policies, as provided by the Access to Information Law;

3 – Strengthen the Program for the Protection of Human Rights Defenders, Communicators and Environmentalists (PPDDH), which has been falling apart, especially due to low budget execution, as well as the weakening of popular participation in the PPDDH Deliberative Council. [3]

4 – Create civil society participation councils taking into account the different realities of the Brazilian population. The councils must be a space for listening and decision-making for the most vulnerable populations, including black, indigenous, quilombolas, and gypsy peoples.

 

 

[1] These councils operate theoretically, but in practice they are unable to incorporate the perspective of civil society.

[2] https://g1.globo.com/politica/ao-vivo/supremo-judento-marco-temporal-terras-indigenas.ghtml

[3] https://terradedireitos.org.br/uploads/arquivos/Relatorio–Comeco-do-Fim.pdf

 

 

Organisations call for Nicaraguan government to immediately free detained journalists

Americas, 10 January 2022.- We, the undersigned organisations, express our condemnation of the Nicaraguan government’s many attempts to threaten and silence the country’s independent press. The aggressive actions against independent media have been escalating for years (particularly from 2018 to 2021) as the authorities fail to act or, in many cases, as a direct consequence of their actions.

In terms of press freedom and freedom of expression and information, 2021 was a disastrous year in Nicaragua. Journalists and media directors were jailed, media outlets were appropriated and dozens of journalists were forced into exile due to lawsuits and the application of laws that curtail freedom of expression. Migration was restricted, passports were confiscated and defamation campaigns intensified against independent commentators. These campaigns, launched by various state agencies, were widely circulated on social media by governing party supporters. All these actions constitute a portion of the many rights violations and assaults that have taken place against independent media outlets and journalists.

The government’s approval and subsequent application of a series of punitive laws—moves widely questioned by international human rights bodies—has allowed for ongoing arbitrary detention of the following individuals: sports journalist Miguel Mendoza; political commentator Jaime Arellano; three directors of the La Prensa daily, Cristiana Chamorro, Pedro Joaquín Chamorro and Juan Lorenzo Holmann; journalist, presidential candidate and owner of 100%Noticias Miguel Mora; and three former workers for the Violeta Barrios de Chamorro Foundation, Walter Gómez, Marcos Fletes and Pedro Vásquez.

Threats of criminalization have also affected the journalistic sources that media outlets and journalists rely upon for analysis and opinions. In addition, several lawyers who have defended journalists have also been forced into exile. This has led to a growing climate of self-censorship in the country.

Ignoring its obligations to protect and ensure unrestricted circulation of information of interest to the public, the Nicaraguan government has instead paved the way for actions that include attacks, threats, abuse of government powers and stigmatisation of those who report on or denounce human rights violations in the country.

We underscore the courage and commitment shown by the independent press, which despite traversing extremely difficult times continues to provide information to the public. We recognise in the work of journalists the unwavering commitment to the principles, values and legacy of public freedoms martyr Pedro Joaquín Chamorro Cardenal. During his lifetime, Chamorro proclaimed and applied teachings that today more than ever provide guidance for conducting quality journalism and resisting the attacks to which the press is being subjected.

The following signatory organisations call on the Nicaraguan government to:

● Immediately release the arbitrarily detained journalists, who have simply exercised their rights to seek, receive and disseminate information, along with their right to express opinions. We also call for the release of all arbitrarily detained political prisoners. This must been done in order to contribute to an atmosphere conducive to the work of all journalists and commentators.

●  Reinstate the two media outlets that have been appropriated, Confidencial and 100% Noticias, and bring the takeover of the La Prensa daily’s facilities to an end.

●  Respect journalism work, provide guarantees for the safety of journalists and take all possible steps in the government’s power to remove the obstacles that journalists currently face in carrying out their work. Comply with the precautionary measures granted by the Inter-American Commission on Human Rights (IACHR) in support of independent journalists and their families, especially given that in most cases aggressive actions and attacks against the beneficiaries of the IACHR’s measures have been on the rise.

  • Stop criminalising the actions of independent journalists; repeal and refrain from applying the cyber- crimes law and other regulations that violate public freedoms; and revoke court orders against journalists, commentators and journalistic sources while also refraining from issuing new orders of this nature.

●  Halt the abusive confiscation of the passports of journalists and commentators, as well as migration restrictions that hinder free movement out of the country.

We remind the Nicaraguan government that respect for the right to freedom of expression and information is crucial for the functioning of democratic societies. Access to information of interest to the public is a right of all citizens. In addition, uninhibited circulation of information, free from censorship, is essential for exercising other fundamental rights that are protected under various international human rights covenants.

Signatories:

IFEX-ALC
International Institute on Race, Equality and Human Rights PEN International
Voces del Sur

Human Rights Day: Doubling efforts for the Promotion and Defense of Human Rights During a Time of Authoritarianism and Hate Speech

Washington D.C., December 10, 2021.– Latin America is experiencing critical moments in terms of human rights. The arbitrary exercise of power and hate speech which pervades different spheres of society have given rise to a social context riddled with systematic human rights violations, where communities like Afro-descendants, indigenous, LGBTI+, women, human rights defenders and political dissenters confront particular risks and consequences.

This December 10, in recognizing Human Rights Day, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to call attention to the international community and society in general regarding persisting issues which are worsening in several countries in Latin America and the Caribbean, and those of which demand urgent joint action to put a stop to repressive acts that undermine fundamental rights, including the right to life.

Systemic Racism

In Colombia, the response of the Public Force to the National Strike – which began on April 28 – have disproportionately affected the Afro-descendant and Afro-LGBT+ communities. Race and Equality and CODHES, THE Commission for Life and the Humanitarian Bureau, recorded 108 homicides as of July 8, 2021, 39 of which were against people of African descent, or 36.1%.

Following their visit on June 8, the Inter-American Commission of Human Rights (IACHR) released a report of Observations and Recommendations, in which expresses their concern for racial profiling, stigmatizing dialogues and political violence, and also highlighted gender violence which affects Afro-descendant women differently.

However, the Colombian State has adopted a position of denial and has not recognized the recommendations brought forth by the IACHR, questioning the report’s legitimacy since the Commission’s findings do not match that of the State’s. When referring to systemic racism and racist violence, officials have argued that the State already has regulations to deal with discriminatory practices, essentially denying that the existing normative framework fails at handling these issue effectively in Colombia.

Political Violence

Brazil is currently in a time of heightened political tension, which black and LGBTI+ women candidates are under constant threat of political violence which has spread throughout the country. Political violence is a phenomenon which undermines and eliminates the life and integrity of peoples, and also the right to practice political rights for entire communities, which are represented by these women who, in general, have extensive histories as human rights defenders.

 In 2021, along with organizations like the National Association of Travestis and Transsexuals (ANTRA), Criola, Land of Rights, Marielle Franco Institute, Global Justice and the National Network of Blacks and Black LGBT+ (Afro LGBT Network), Race and Equality had a session with the IACHR to denounce the situation of political rights of Black councilors (cis and trans) in Brazil. Those in attendance on April 2021 submitted recommendations for the IACHR to guarantee the rights and protection of women who form part of the political arena in the country.

Politically Motivated Imprisonments

Within Nicaragua’s prisons, citizens find themselves deprived of their right to defend human rights, participate in social protests, speak openly about their desire to run for the presidency of Nicaragua and/or demonstrate their discontent towards Daniel Ortega and Rosario Murillo’s government on social media and other platforms.

Following the most recent bulletin from the Special Follow-Up Mechanism for Nicaragua (MESENI) of the IACHR, published in October 2021, since the beginning of the sociopolitical crisis in April 2018, the Nicaraguan State has arbitrarily detained more than 1614 people and 149 continue to be under arrest. Unfortunately, these numbers have increases in recent days, during and after the presidential elections on November 7, without guarantees of liberty, justice, transparency, or legitimate democracy.

It should be noted that the Inter-American Court of Human Rights (the Court) declared the State of Nicaragua to be in contempt following its failure to comply with the order for the release of 21 persons identified as opponents, as well as other measures to safeguard human rights for Juan Sebastian Chamorro and others.

Repression against Civil Society and Independent Press

2021 has been decisive in the repressive situation in which civil society and the independent press confront in Cuba, most of which follows the historic protests of July 11. Recently on December 8, Cubalex published a report concerning arbitrary detentions in within the context of the protests, which notes that 1,306 persons were deprived of liberty that day and in the days that followed, and of those, 703 remain in prison. Among those detained are activists, human rights defenders and journalists.

This situation is exacerbated by the intense repression that the Government has unleased since September 20, when the civil society called for the Civic March for Change. Since that date, interrogations, raids, arbitrary arrets, police siege, assaults and defamation campaigns have been recorded among many other acts that kept the November 15 protests from reaching fruition. On that day, authorities resorted to confining demonstrators to their homes to prevent them from joining the march, and in many cases, cut access to internet.

Although the Government of Cuba has received numerous calls from the international community to guarantee and respect the human rights of the population, such as the rights of peaceful assembly and association and freedom of expression, authorities have taken no action and the situation continues to worsen as the country plunges deeper into an economic crisis.

Discrimination and Violence for Sexual Orientation and Gender Identity

The lack of recognition of the rights of persons with diverse sexual orientation and gender identity generates a precarious environment of discrimination and violence against LGBTI+ people in the region. In 2021, Latin America continue to be the region with the highest murder rates of trans people in the world. Of the 375 registered globally, 311 occurred between Mexico, Central American and South America. The LGBTI Nonviolent Platform, a system of information on violence against the LGBTI population in Latin America and the Caribbean, documented more than 600 LBGTI+ people killed between 2019 and 2020.

Despite this adverse context, LGBTI+ activists and organizations continue in their struggle for respect and the guarantee of their rights. In Peru, for example, the trans community remains steadfast in its demand for a Gender Identity Act that contributes, first and foremost, to the recognition of their identities and, therefore, ensuring their access and equality in varying societal spheres.

In the Dominican Republic, organizations working for the rights of LGBTI+ people have intensified their efforts after the Dominican Chamber of Deputies approved a reform of the Penal Code, on June 30, which excluded sexual orientation as a cause of discrimination. Indeed, the struggled continues for gender identity to be included among the causes of discrimination.

Promotion of Equality

On September 2, the “Toward a Region Free of Racial Discrimination” campaign was launched and will be active until 2024, seeking to promote the universal ratification and implementation of the Inter-American Convention Against Racism, Racial Discrimination and Related Intolerance (CIRDI).

Race and Equality considers that the ratification and implementation of CIRDI is essential for progress in increasing visibility and recognizing the systematic forms of oppression that exist in this hemisphere against the people of African descent, indigenous peoples and other racial groups and minorities. It also believes that this Convention represents a key point for the countries within the region to fulfill their obligations to promote equitable conditions, equal opportunities and combat racial discrimination in all of their individual, structural and institution manifestations.

To date, the campaign has launched in Colombia and Uruguay, and this December 10 is Brazil’s turn. In Colombia, the case is being made before the State to promote the ratification of CIRDI, while in Uruguay and Brazil, the movement is starting to gain momentum in ensuring the effective implementation of the Convention.

Race and Equality hopes that this Human Rights Day will help to make these worrying situations in the region visible and unites the efforts of many to promote changes for a more democratic, just society that is more equitable and respectful of human rights. We also reaffirm our commitment to continue working with local activists and organizations in the promotion and defense of these fundamental rights.

Interview with Jurema Werneck: The resounding voice of the Ialodês on Black Consciousness Day

To celebrate Black Consciousness Day, symbolized in Brazil as the memory and death of the quilombola leader Zumbi dos Palmares, the International Institute on Race, Equality and Human Rights (Race and Equality) is pleased to share an interview with Jurema Werneck, one of the main references of the black movement in the country. In addition to being the Director of Amnesty International in Brazil, Jurema is the founder of the NGO Criola. She has a Doctorate in Communication and Culture, as well as a Master’s degree in Production Engineering. Her professional career is proof that the intersectional perspective is essential to build plural knowledge, a diverse vision of the world and the society that constitutes it.

If November 20th makes us relive a memory of the struggle for racial consciousness and black freedom, Jurema Werneck is the personification of the Ialodês, which as she describes in a publication [1], “Ialodê also refers to the representation of women, to the types of emblematic women, female political leaders of fundamental urban action (…) the one who speaks for all and participates in instances of power (…) who position themselves as political agents of change, and  main holders of the conquered wealth.” We welcome the opportunity to present a summary of a rich conversation with Ialodê Jurema Werneck, who shared with us her perceptions of the struggle for human rights, police violence, femicide, black women, as well as her participation in the Covid CPI,[1] whose final report was delivered to the Brazilian Senate in October.

COVID-19 Pandemic

Race and Equality – Your participation in the Covid CPI reveals the consequences of denial and that, in the first year alone, 120 thousand lives could have been saved if we had followed world protocols and an effective public health policy. Could you tell us about the experience of participating in the Covid CPI process? Do you believe there will be consequences for the current government?

Jurema Werneck – The Covid CPI inquiry makes visible that everything done during the pandemic was done erroneously, it also demonstrates the type of people running the government. People who have no commitment to ethics, in fact their commitment is to take ownership of public affairs and profit from the country. I see that this ‘novela’ that developed into the Covid CPI, in a way, reminds us that there is a layer of interests, and that people are feeling the impact of all of this. And with that, the government’s approval plummets, because it’s a fact, there’s no government, it’s misgovernment.

Participating in the CPI was a collective effort. I was the spokesperson for several organizations including Amnesty International. We agreed that I would be the spokesperson. My work was to prepare and present the research that was commissioned even before the CPI, which was carried out by researchers from the Federal University of Rio de Janeiro (UFRJ) and the University of São Paulo (USP). It was a survey presented to the Federal Government, and we believed the CPI was our opportunity. This also helped legitimize a perception that everything could have been different. Moreover, our work looks to demonstrate that even without a vaccine [2] lives could have been saved if basic public health was addressed. Other than that, personally, it was a practice of everyday activism, I went there to do what I wanted to do, so I found it to be a privilege.

And now, with more than 600,000 lives lost and a scenario where there is finally a vaccine to combat the pandemic, the government deniers still remain in power. How do we confront the pandemic in the coming years?

Jurema Werneck – We call him a negationist, but he is not a negationist. He has an alliance with strategies of death and destruction. There is a political project, it is an actively defined trajectory. It is not only a refusal, but also participating in an extremely dangerous movement that is opposite to life.

Brazil remains under permanent torture. He is a torturer who inflicts pain, either from the poor management of the pandemic or from any other chapter of his “administration.” Where do we go from here? We have to remember that it was not only him, but the pandemic also has a responsibility at the state and municipal level. Amnesty launched a campaign last year aimed at governors and mayors, including municipalities on behalf of indigenous and quilombola rights. The operation of the system demonstrates a joint responsibility, it’s not only the responsibility of legislation. So, in other words, the range of people involved in the 600,000 deaths is not a simple task.

I see that this also has a repercussion in society and in a way in all of us. 600,000 deaths represents a great deal of tragedy and behind these deaths there is a huge contingent of mourners, including orphans, the sequels of COVID-19. The legacy it has is outside of ethics, politics and public health, with the further deepening of social inequalities. It was black women who paid the highest price and who died the most from COVID-19 in the beginning. In other words, the number of challenges and sequels that we have to face is very large.

Police Violence

Race and Equality – Recently, Michelle Bachelet, UN Commissioner for Human Rights, denounced in her report on police violence and systemic racism the dimensions police brutality operates in the lives of black people, she cited the cases of Luana Barbosa and João Pedro in Brazil. From an intersectional perspective, black LGBTI+ people, especially transgender people in prison, are among the victims of acts of racism and LGBTIphobia. How can we resist racism and LGBTIphobia in a society that considers black bodies killable and disposable?

 Jurema Werneck – The first way for us to act on this theme is to recognize and highlight the urgency, because they are cases of life and death. They are killing people. People are dying physically and existentially. Today the situation is so bad that I am celebrating the small victories of discursive achievements. Since Amnesty International began working on police lethality and the death of young black people, we have been engaging with the UN High Commissioner on the issue. It’s good to see Michelle Bachelet talk about the issue at hand, because it was her duty, but it’s still a small victory. Unfortunately, this won’t save Luana’s life because she’s already dead, the situation is extremely severe with death as our indicator— it’s murder. Our condition is grave and dire, and the point of departure is already the bloodiest tip of the iceberg.

The black movement has been working on this for a long time. In 1978, the murder of a young black man inspired a group of representatives of federations of various organizations to congregate at the stairs of the Municipal Theater in São Paulo, creating the Unified Movement against Police Violence, which later came to be known as the Unified Black Movement (MNU). However, we went from 1978 until very recently discussing amongst ourselves. It had no United Nations, no white organization and no human rights organizations. There was no national law addressing race, it was only in the United States. Sueli Carneiro, Lélia Gonzalez and Amauri Mendes, among others were at that time trying to hegemonize the struggle. What I’m saying is that we have small victories, but they’re not enough. What we want is to save lives right now, because people are dying. And that’s not enough, and that’s our anguish. The political transformation process is time-consuming, it does not save all the lives it needs to.

We can’t account for how much of Bachelet’s speech influences saving lives, but it ends up in some way influencing, not just because it pulls the brakes on certain hands, or fingers on the trigger, it is the United Nations after all. On the other hand, there are others who ignore figures like Bachelet, because the president said something else, and they will listen to the president. If we have the president on one side and Bachelet on the other, we are trying to create strategy. We are trying to tie the game to give us space to keep fighting. As an activist, I don’t see a way out that isn’t a struggle. We know where we want to go, and how to save people’s lives. How long will it take? We know it’s not a linear trajectory. What tools are needed? All. Change can only be made with struggle.

Femicide and Black Women

Race and Equality – The ‘Atlas of Violence 2021’ confirmed the unfortunate statistic that black women are the most targeted victims of violence in Brazil: 66% of women murdered, showing that in 11 years, the homicide of this population increased by 2%, while the murder of non-black women dropped 27% in the same period (3).  Could you comment on this racist violence that makes black women the biggest victims of femicide.

Jurema Werneck – In racist regimes, black men and women will be the biggest victims of violence. Whatever the classification of violence, we will be the biggest victims along with the indigenous people and the gypsies. It’s inescapable and that’s why we want to end racism. We managed to influence the government and UN Women to create statistics and demonstrate what we already knew; we are the most targeted victims. The complexity of this phenomenon means remembering that racism is patriarchal and cis-heteronormative, as the NGO Criola says. In this core of intersectionality, we can identify the victims; they are black trans women and black cis women. It is worth remembering that trans women are not in this femicide statistic and, even so, we know that victimization among them is even greater than among cis women. It is important to emphasize that we are also victims of police led homicides outside of gender relations.

What I’m trying to say is, take a death stat and you’ll find the black woman there. In recent years we have been the ones who have hegemonized this discourse. However, there is still a lot of progress to be made, even more so now that everything has been dismantled. In the debate for the creation of the Maria da Penha Law. We already said that a mechanism had to be put in place to confront racism, because black women were the biggest victims. Brazil still celebrates this law to this day, but those people who built and hegemonized the Maria da Penha Law excluded and refused to put in place mechanisms to protect the lives of black women. These are the people who say we have to go to the police, but since when is the police an ally of a black woman or any black person? It is necessary to face racism and denounce it wherever you are. The Maria da Penha Law works for white women because it was built for them. We need to find another mechanism or reform this one to work.

Amidst the struggles and challenges of the Brazilian black population shared by Jurema Werneck in this interview, Race and Equality reaffirms the importance of the anti-racist perspective in confronting the violence and oppression that systematically dehumanize and erase black people. It is through the commitment to an anti-racist and feminist agenda, and confronting neoliberal policies that undermine rights, that we envision a horizon of collective responsibility and a future in which human rights are, in fact, a possible language of respect for all the ways of being and existing. Thus, we recommend to the Brazilian State:

1 – Implement reparation policies for the victims of COVID- 19 and their families, whether orphans, those bereaved, and the long-term sequelae due to the virus;

2 – Produce intersectional indicators on police brutality against black women;

3 – Implement the Inter-American Convention against Racism as a legal instrument to change and create laws to combat racism;

 

 

[1] Text “De Ialodês e Feministas: Reflexões sobre a ação política de mulheres negras na América Latina e no Caribe”

[2] At the time of the CPI research and its presentation, there was still no vaccine for COVID-19

[3] https://www.uol.com.br/universa/noticias/redacao/2021/08/31/atlas-da-violencia-2021.htm

[Note] The COVID-19 CPI, also known as Pandemic CPI, Coronavirus CPI, or simply COVID CPI, is a parliamentary commission of inquiry undergoing in Brazil, with the goal to investigate alleged omissions and irregularities in federal government spending during the COVID-19 pandemic in Brazil

Cuba: IACHR Grants Precautionary Measures to Independent Journalist Héctor Valdés Cocho and Human Rights Defender Raúl Soublett López

Washington D.C., December 3, 2021. – The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures to independent journalist Héctor Valdés Cocho and his partner Raúl Soublett López, LGBTI+ rights and human rights defender, in response to a request from the Institute on Race, Equality and Human Rights (Race and Equality). Based on the documentation presented by Race and Equality, the Commission determined that both are in a situation of serious and urgent risk of irreparable harm to their rights in Cuba.

The IACHR requests that the Cuban government abide by Resolution 100/2021 and adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries and allow them to carry out their activities without threats of violence, intimidation, and harassment. Furthermore, it requests that the Government agree upon the measures to be adopted with the beneficiaries and their representatives, and report – within 15 days – on the steps taken to investigate the alleged facts which led to the adoption of these precautionary measures in order to avoid their repetition.

Alleged Facts

The information presented by Race and Equality to the IACHR recounts the constant rights violations experienced by the beneficiaries in past few years, which include police barricade of their home, interrogations, threats and detentions in the framework of their activities as journalist and human rights defender, respectively. In both cases, the rights violations come just as frequently from authority figures as they do from anonymous individuals through social media.

As of this past October, Valdés Cocho has been arrested eight times. During one of those arrests, which occurred while he was returning home on October 30th, he was intercepted by State Security agents who then took him to Villa Marista and forced him to undress on the grounds of conducting a search. He stayed there that night and was interrogated two times. Later, on November 12th, he was a target of repudiation, and on November 15th – a day which civil society marked as the Civil March for Change – State Security agents were assigned to watch his house and prevent him and his partner from leaving.

In Soublett López’s case, the information indicates that he has been the victim of harassment by State Security since 2018, when agents began confronting and threatening him regarding his activism by saying that his activity could affect his work and his studies and that he could be jailed. At the start of his relationship with Valdés Cocho in October 2020, the threats intensified and he has since been interrogated on various occasions. One of the interrogations occurred on the 18th of June at the Municipal Directorate of Education, where he was intimidated and threatened with prosecution for his activism against racism, and on LBGTI+ issues and gender-based violence.

“It is really important for us that the IACHR, following the request from Race and Equality, has granted precautionary measures, since it is a protection against harassment, all the violence which the State has exercised against us for our activism to promote and defend human rights and professions”, said the beneficiaries.

Discrimination and Censure

In its analysis of elements which constitute serious, urgent, and irreparable harm to rights, the IACHR notes the hostile and censorious environment in which independent journalists work on the Island. Journalists encounter various forms of repression, such as the requirement of official membership to practice journalism; threats, citations, and interrogations with the intent to intimidate; arbitrary detentions; raids and seizure of journalistic equipment or other property; dismissals and loss of authorizations to practice their profession or other economic activities; threats and pressure to family members, social circles, and defamation; and impeding travel and other arbitrary restrictions regarding the right to free movement.

The Commission also highlights the particular form of violence, discrimination and restrictions regarding the rights to gather, association, and freedom of expression which members of the LGBTI+ community and human rights defenders whose work relates to sexual orientation and gender identification suffer. “The Commission, in particular, observes that the intersection between discrimination for reasons of ethnic-racial origin, diverse sexual orientation, and gender identity would disproportionately affect the Afro-Cuban LGBTI community,” it said.

Race and Equality urges the Cuban State to adopt the precautionary measures granted by the IACHR in favor of Héctor Valdés Cocho and Raúl Soublett López, and to allow them and all independent journalists and human rights defenders to pursue their work without the threat of discrimination, violence, and detentions, in accordance with their international obligations concerning human rights.

Joint statement: States must support new UN body to counter anti-Black racism by ensuring the nomination of strong and independent experts

November 29, 2021.– After years of standstill, the UN General Assembly has finally adopted a resolution in August 2021 creating a long-awaited new body to inform UN and state efforts to combat anti-Black racism: the UN Permanent Forum on People of African Descent.

While a number of other UN bodies and mechanisms have been established to combat racism and racial discrimination, this Forum is unique as it has been designed as a space for people of African descent and for anti-Black racism activists themselves to participate in policy discussions, in an open Forum where rights-holders from all continents can sit alongside UN and state representatives, share their experiences, analysis and recommendations, and have their voices heard.

Minority Rights Group International (MRG), the International Movement against All Forms of Discrimination and Racism (IMADR) and the International Institute on Race, Equality and Human Rights (Race and Equality) warmly welcome the creation of the new Permanent Forum as a potential milestone in the growing mobilization against the worldwide scourge of anti-Black racism, violence and discrimination.

However, such a Forum can only be as strong and effective if UN member states will allow it to be. The work of the Forum will be led by a group of 10 experts, half of whom will be elected by the UN General Assembly among a pool of candidates nominated by UN member states[1]. It is therefore now the responsibility of states, individually and collectively, to ensure that the work of the Forum will be steered by strong and independent experts with the ability and will to make this Forum both an open and inclusive space, and an effective and impactful body for the fight against anti-Black racism.

Recalling the paragraph 2 of the resolution, our organizations call on UN member states from all regions to engage actively in the process of setting-up of this new Forum by nominating strong and independent candidates, able to command the respect of those affected by this issue, with relevant expertise and experience, a proven commitment to the fight for equality and a proven track record in defending human rights for all and in fighting racial discrimination. States should identify their nominees in consultation with those for whom this Forum has been created, namely organizations representing people of African descent and anti-racial discrimination movements and activists. It is our view that the Forum will be best served by being led by experts who are fully independent of their nominating state.

The unanimous adoption of the resolution creating the Forum earlier this year was a decisive first step in the right direction. States must now demonstrate their commitment to making this Forum an effective body by promoting competitive elections and merit-based nomination procedures.

Contact persons: 

  • Glenn Payot, Minority Rights Group International – glenn.payot@minorityrights.org
  • Taisuke Komatsu, the International Movement against All Forms of Discrimination and Racism (IMADR) –tkomatsu@imadr.org
  • Tania Agosti, the International Institute on Race, Equality and Human Rights (Race and Equality) – agosti@oldrace.wp

 

[1] The other half will be appointed by the President of the UN Human Rights Council, after consultation with states, and “on the basis of broad consultations with organizations of people of African descent” (Resolution A/75/L.119/Rev.1, para. 2)

Join Our Efforts

Help empower individuals and communities to achieve structural changes in Latin America.

Donate Contact Us