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

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

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

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

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

About Kátia Tapety

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

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

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

Agenda:

Launch of the Kátia Tapety Political Training School

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

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

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

Participants:

Rosângela Castro – Afro LGBT Network

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

Michele Seixas – Brazilian Lesbian Articulation (ABL Network)

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

Participants:

Kátia Tapety – Honoree and First Trans Afro Councilor of Brazil

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

Roberta Eugênio – Lawyer and Researcher at the Alziras Institute

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

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

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

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

*The event is not open to the general public

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

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

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

Context

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

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

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

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

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

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

Campaign

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

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

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

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

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

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

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

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

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

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

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

Gender identity and economic and social rights

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

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

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

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

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

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

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

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

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

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

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.

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

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

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

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

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

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

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

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

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

Organisations call for Nicaraguan government to immediately free detained journalists

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

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