Recognition of Diverse Couples in Cuba: Race and Equality Promotes South-South Exchange on the Eve of Family Code Law’s Preliminary Draft

Recognition of Diverse Couples in Cuba: Race and Equality Promotes South-South Exchange on the Eve of Family Code Law’s Preliminary Draft

Washington D.C., July 1, 2021.- On June 29, 2021, the Institute on Race, Equality and Human Rights (Race and Equality) launched the report, “Towards the Recognition of Diverse Couples in Cuba” on the eve of the presentation of a new Family Code to Congress, which will be subsequently submitted to a referendum for its approval. The launch was carried out in a virtual event in which representatives of independent civil society on the island and activists from Ecuador and Costa Rica participated to share their country’s experiences and strategies in the recognition of marriage equality.

The webinar was called Recognition of Diverse Couples in Cuba: Exchange of Experiences in the Region. The panelists included the Executive Director of Race and Equality, Carlos Quesada; the journalist and independent activist from Cuba, Maria Matienzo; the Director of the Institute of Equality, Gender and Rights of the Central University of Ecuador, Christian Paula; and the President of the Association of Homoparental and Diverse Families of Costa Rica and Executive Director of the Sí Acepto (Yes, I Accept) Campaign in Costa Rica, Nisa Sanz. Race and Equality’s LGBTI Program Officer, Zuleika Rivera, moderated the event.

In addition to the LGBTI+ community’s demand on the island, the approval of marriage equality is in line with Cuba’s human rights obligations, as well as with the Constitution adopted in 2019. It conceptualizes marriage as a voluntary union between persons. It was determined that egalitarian marriage would become a reality by including it in a new Family Code that was to be presented and submitted to a referendum within two years, in other words, this year of 2021.

Rivera commented that the possibility of a referendum to decide the approval of this Code, brings with it a series of positions in favor and against this process. On one hand there are the fundamentalist voices that oppose the recognition of the rights of the LGBTI+ population, and on the other hand, there is the same LGBTI+ community and allies that support it but criticize the fact that a referendum will determine their rights.

The report

The report, “Towards the Recognition of Diverse Couples in Cuba” articulates Race and Equality’s analysis of marriage equality considering international human rights standards, its aim is to encourage discussion on the right to equality and non-discrimination, and its scope in the area of family protection. In addition, the document includes a series of recommendations for the Cuban State, international organizations and civil society to strengthen the protection of the human rights of the LGBTI+ population in Cuba.

In presenting the main findings of this report, the Executive Director of Race and Equality, Carlos Quesada, said that “the right to equality must be guaranteed, it must not be left to a referendum. “Marriage equality is based on national legislation, specifically on the Cuban Constitution in articles 1, on equality; 7, on supremacy; 13, on equity and social justice; 16, on the enjoyment of human rights and the repudiation of any manifestation of discrimination; 41 on the protection of human rights, in line with the principles of progressivity, equality and non-discrimination, and article 44, on the right to equality and social inclusion, among others” he contends.

“The acknowledgement of diverse people requires the recognition of the civil rights of Cubans in general,” declared independent Cuban journalist, who lamented that the demand for the recognition of the rights of the LGBTI+ population is limited by the absolute control exercised by the State, “based on an ideology in which there is no place for a man who is not heterosexual with a woman who responds to his own interests.”

Experiences in the region

The Director of the Institute of Equality, Gender and Rights of the Central University of Ecuador, Christian Paula, referred to the legal regulations, both national and international, which served as a basis for undertaking the struggle for the recognition of marriage equality in Ecuador. The right to marriage equality has been a reality since July 8, 2019. The specialist said that the Advisory Opinion 24/17 of the Inter-American Court of Human Rights (IACHR) is very important for the region because the LGBTI+ population does not have an international treaty that specifically protects their rights.

The President of the Association of Homoparental and Diverse Families of Costa Rica and Executive Director of the “Yes, I Accept” Campaign, Nisa Sanz, shared her experiences of educational and the awareness campaign they carried out in Costa Rica’s demand for marriage equality. “It is very normal that in these types of advances countries face all kinds of barriers, ranging from total opposition to any kind of advance to those that completely favor egalitarian marriage”, she explained.

For Race and Equality, it is important to create this type of space for the exchange of experiences and to have the participation of activists from Cuba, a country where there is a severe restriction on the exercise of civil rights, and where the struggle for the recognition of rights for groups such as the LGBTI+ population is overshadowed by the government’s authoritarianism.

In the light of the experiences of Ecuador and Costa Rica, we hope that Advisory Opinion 24/17 of the Inter-American Court of Human Rights will be used by civil society in other countries of the region as a tool for the demand for the recognition and guarantee of the rights of LGBTI+ persons. In the context of the discussion and adoption of the Family Code in Cuba, we urge the Cuban State to act in accordance with its human rights obligations, for the complete fulfillment of the right to equality and non-discrimination.

Race and Equality launches a report to raise awareness around the Afro-LGBT population in Brazil, Colombia, Peru and the Dominican Republic to contribute to the recognition of their ights

Washington, D.C., June 30, 2021. – The Institute on Race, Equality and Human Rights (Race and Equality) launched on June 30, 2021 a report titled, “La deuda pendiente con la población Afro-LGBT en Brasil, Colombia, Perú y República Dominicana” (“The Pending Debt to the Afro-LGBT Population in Brazil, Colombia, Peru and the Dominican Republic”) with the aim of highlighting the violence and discrimination faced by this community on the basis of race, ethnicity, sexual orientation and gender identity or expression, and to contribute to the adoption of public policies for the recognition and guarantee of their rights.

This report is the result of systematized documentation carried out by Race and Equality based on reports presented by six partner organizations: Instituto Transformar Shelida Ayana and Rede Afro LGBT, from Brazil; Somos Identidad, Fundación Arco Iris de Tumaco y Conferencia Nacional de Organizaciones Afrocolombianas (C.N.O.A.), from Colombia; Ashanti, from Peru, and Trans Siempre Amigas (TRANSSA), from the Dominican Republic.

“With this report we seek to generate a conversation within the LGBTI+ movement and Afro movement to make visible the problems faced by Afro-LGBT people. We need to talk about racism within the LGBTI+ community and the LGBTIphobia within the Afro movement. Not only should we talk about inclusivity, but we must also show it and that starts with having these conversations,” said Zuleika Rivera the LGBTI Program Officer at Race and Equality.

For Narciso Torres, coordinator of Gender Equity and Sexual Diversity at the C.N.O.A., an important aspect of this report is that it provides a detailed overview of the violence and discrimination suffered by the Afro-Colombian LGBT population, which leads to the awareness of this situation and for States and civil society to take action to combat and prevent these abuses. “In addition, (it helps) to maintain hope for the transformation of coexistence between all,” he contended.

Sandra Milena Arizabaleta “Sami,” Director of the Afro-descendant Foundation for Social and Sexual Diversities (Somos Identidad), affirmed that in addition to the visibility of the realities that Afro-Colombian LGBTI people endure, the report points to the creation and implementation of public policies that respond to their demands. “We hope that this report will be publicized and approached by governments, and eventually become enforced state policies,” she expressed.

“This report allows us to create a dialogue between the government, legislative and legal sectors around the conditions of the Afro LGBTI+ Brazilian population, as well as provoke the human rights commissions of Congress to act, and to present requests to international organizations when we do not obtain a response from the State concerning our demands,” shared by Janaina Oliveira, from Rede Afro LGBT.

Regarding the experience of preparing Brazil’s data for this report, Eduardo Castro, from Instituto Transformar, indicated how his organization was able to learn from the different realities of trans and Cariocan women (people born in Rio de Janeiro). “Although the nucleus of members is mostly made up of trans and afro-transvestite people, the uniqueness of each experience, the regional specificities, the negotiations narrated by the subjects involving actors such as trafficking, the police, health workers or even university colleagues, marked the diversity of these experiences,” he commented.

The report includes a series of recommendations addressed to States, civil society and the human rights mechanisms of the Inter-American and United Nations system, all aimed at protecting and promoting the rights of the Afro-LGBT population in the region. Recommendations made to States include:

  • Sign and ratify the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.
  • Take measures to collect disaggregated data on the population according to ethnicity, sexual orientation and gender identity.
  • Create new participation mechanisms and strengthen existing ones, so that Afro-LGBT people actively participate in the design and implementation of public policies that directly concern them.

 As of today, the report can be accessed and downloaded from the Race and Equality website using the following link: http://oldrace.wp/wp-content/uploads/2021/06/Informe-Afro-LGBT_May2021.pdf (In Spanish only).

“Loving and Resisting from Diversity:” Race and Equality Celebrates LGBTI+ Pride Day

Washington D.C., June 28, 2021.- To commemorate this LGBTI+ Pride Day, The Institute on Race, Equality and Human Rights (Race and Equality) chose the slogan “Loving and Resisting from Diversity.” This slogan pays tribute to LGBTI+ organizations and activists who each day wage a powerful struggle to combat discrimination and violence, and move towards the recognition of their rights despite living in a context as adverse as Latin America and the Caribbean when it comes to human rights.

Although there has been little progress in the region in terms of recognizing and guaranteeing rights for LGBTI+ people, we want to exalt the great capacity to love and resist that people with diverse sexual orientation and gender expression or identity continue to sustain, when facing a society that attacks, excludes, and humilitaes them, in addition to increased attacks and instensified hate speech.

On this day we cannot refrain from remembering the Stonewall riots carried out in rejection of the police raid that took place in the early hours of June 28, 1969, in a bar known as Stonewall Inn in the New York neighborhood of Greenwich Village; this location is where LGBTI+ people used to meet. A year later that date would be declared as LGBTI+ Pride Day as a way to reclaim and celebrate the struggle for freedom and respect for the rights of this community.

Progress and Challenges

In the beginning of this month of June, the Prosecutor’s Office of Salta, Argentina, confirmed that the skeletal remains found by a day laborer and his son in a desolate area north of the city corresponded to Santiago Cancinos, a young trans man who disappeared in May 2017, who reported he was being bullied by his school and classmates.

This is one of the most recent and shocking events. However, when it comes to violence and discrimination, Latin America and the Caribbean accumulates a long list of episodes ranging from threats and verbal assaults to police brutality and murder. Hate crimes that in most cases remain unpunished-  this lack of will and judicial mechanisms only generates more negligence among authorities when making justice a priority.

LGBTI+ and human rights organizations closely followed the case of Vicky Hernandez v. Honduras, in which the Inter-American Court of Human Rights (IACtHR) determined the State’s responsibility for the alleged extrajudicial execution committed against Hernández in June 2009, which occurred in the midst of the tense socio-political context generated by the coup d’état that year. This set an important precedent of ensuring the application of justice in future cases of violence against LGBTI+ persons at the regional level.

With respect to the COVID-19 pandemic, we see how the situation of vulnerability of this population is exacerbated, as the health emergency deepens conditions of inequality in the fields of health, social assistance, education, work, among other inequalities. In addition, States have not taken into account the LGBTI+ realities of discrimination and institutional violence against gender nonconforming and trans people. For instance, in Colombia, people with diverse gender identity or expression were left in limbo with policies like “pico y género.”[1]

However, the commitment to fight for a more just and equitable society for all people has also led to celebratory results in the last year, like the approval of equal marriage in Costa Rica. We are slowly witnessing the progress of campaigns and bills for the recognition and guarantee of the rights of LGBTI+ people. In Argentina on June 11, the Chamber of Deputies approved the bill that guarantees the trans-transvestite labor quota. The so-called Diana Sacayán – Lohana Berkina Law, who were recognized defenders of the formal trans and transvestite labor inclusion, was passed with 207 positive votes, 11 negative votes and seven abstentions.

Let us celebrate!

Race and Equality spoke with LGBTI+ activists from different countries in the region and asked them about the importance of celebrating LGBTI+ Pride. These are their answers.

Christian King, trans non-binary activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: For me, celebrating LGBTIQ+ Pride Month is nothing more than claiming my personhood, and at the same time reclaiming all the people who have fought, who have lost their lives making themselves visible, those people who have led us to enter this movement of struggle and recognize ourselves as members of the LGBTIQ+ community, and to demand that the State recognize our rights.

Agatha Brooks, trans activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: Celebrating Pride Month is to make ourselves visible as the rainbow flag represents each of us, we are a brand that grows more and more every day. We become more visible so that equality becomes present in our communities, in our country and throughout the world

Darlah Farias, Coletivo Sapato Preto – Brazil: Celebrating LGBTI+ Pride is celebrating the life of this population. Not just the lives that struggle today, but all the lives lost so that we could be here. Principally I, as an Afro and lesbian woman, carry all my ancestry with me and understand that our struggle is forged in revolution and reinvention.

Thiffany Odara, FONATRANS – Brazil: Celebrating LGBTI+ Pride is celebrating the right to life, my existence, the right to be who I am, it’s celebrating the memory of my ancestors. Celebrating who I am is the greatest challenge for Brazilian society. The challenge of resisting to guarantee policies of social equity. Long live the LGBTI+ Pride Movement! I’m proud to be who we are!

Gael Jardim, Trascendendo – Brazil: Celebrating LGBTI+ Pride Day is about making a real difference. It’s remembering that this day was born out of a revolt so that people can have the right to exist in society, and no longer in ghettos, closets or exclusion. To celebrate Pride Day is to give visibility to our cause and our struggle, which is not a day but a whole year of citizenship.

Santiago Balvin, nonbinary transmasculine activist and member of Rosa Rabiosa – Peru: Pride for me is important because society has imposed feelings of guilt and shame on who we are, but we rise up against them by showing pride in who we are and by showing ourselves in an authentic way. It is also very important to know that we have been in hiding and that visibility has been important to be able to show ourselves, and also give voice to our problems.

Leyla Huerta, founder and Director of Féminas – Perú: Celebrating Pride Day is very important to me. It’s the day in which we recognize ourselves as brave, strong and resilient. It is also a date of commemoration for all those people who are no longer with us, and who, due to their sexual orientation and/or gender identity, were exterminated because that is the word that best fits our disappearances. A society that does not recognize us, a society that limits us in our own development, it does just that: exterminates us. Pride Day, as the word conveys, is a day in which we should be proud because we are here, resisting, advancing and educating.

Roberto Lechado, independent comedian – Nicaragua: Celebrating Pride Month is to celebrate life, but also to recognize myself as part of a community and remind myself that I’m not alone and that’s a super nice feeling. It is also reminding myself that it is okay to be the person I want to be, that my love is valid and valuable, and my existence is magnificent and important. Celebrating Pride is also for me, to make visible these colors that many times in the day to day become opaque, and to say to society “we are here, we exist, we deserve, and we matter!”

Miguel Rueda Sáenz, director and founder of Pink Consultores – Colombia: For me, celebrating gay pride means a lot of things. There’s an important historical force, it also shows community and group strength and fundamental social aspects, and it has an enormous personal stance as it recognizes me as a gay man, this day allows me to shout even louder. It is very important for me on June 28 to be able to celebrate who we are and why we exist.

Lesley Wolf, actor, dancer, and BA in Performing Arts – Colombia: Celebrating LGBTI Pride is more than a celebration, it turns into a demand for resistance. It’s re-signifying and dignifying a struggle that not only costs us nor takes us just a month, but a whole year, it’s a constant activity.

María Matienzo, activist and Independent Journalist – Cuba: For me to celebrate Gay Pride Day is to celebrate the claim of rights that we should all have as citizens of the world, although it’s not really a matter of one day, it should be a matter of a lifetime.

For Race and Equality, it is an honor to know and accompany the work that is being carried out, individually and collectively to defend and promote the rights of the LGBTI+ population. Denouncing the violence this population faces in different areas of society, making visible and documenting their realities and demands, and strengthening their capacities to influence Sates and the human rights mechanisms of the Inter-American and United Nations system.

For us, celebrating LGBTI+ Pride Day means reinforcing and renewing our commitment to working for a more just and equitable society for all people, without any discrimination. In addition, it represents an opportunity to make recommendations to States aimed at protecting and promoting the rights of the LGBTI+ population:

  • To implement educational campaigns on sexual orientation and gender identity, aimed at making people in all areas of society aware of and respect the diversity of the population.
  • To collect disaggregated data with an intersectional focus on the LGBTI+ population, including information on the violence they face.
  • To train authorities, mainly justice operators, health and education providers, so that LGBTI+ people can access these basic services without discrimination and without restrictions based on prejudices about sexual orientation and gender identity.
  • Adopt policies and laws that allow LGBTI+ people to fully enjoy their rights, such as the gender identity law.
  • Sign, ratify and implement the Inter-American Convention Against All Forms of Discrimination and Intolerance.

[1] “Pico y género” was a sex-based quarantine measure temporaily implemnted in Bogotá and Cartegena, where women and men were allowed out for essential tasks on alternating days of the week; trans women and men could go out according to their gender identity. However, the policy resulted in some 20 cases of targeted discrimination against trans people.

2021 CERD election today – Need for greater geographic diversity and competition in future

Geneva, Switzerland. 24 June 2021.– Today, the 182 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) were invited to vote to appoint half of the membership of the UN Committee (CERD) that is functioning as the guardian of that Convention. They elected 4 new experts and re-elected 5 members who were already sitting on the Committee, among a pool of 11 candidates.

New members include Mr. Michał Balcerzak (Poland), Ms. Régine Esseneme (Cameroon), Ms. Gay McDougall (USA) and Ms. Mazalo Tebie (Togo).

They will join 5 experts, whose terms as members of the CERD were coming to an end, and who have been re-elected for another four-year period: Mr. Nourredine Amir (Algeria), Ms. Chinsung Chung (Republic of Korea), Mr. Bakari Sidiki Diaby (Côte d’Ivoire), Mr. Gün Kut (Turkey), Mr. Yeung Kam John Yeung Sik Yuen (Mauritius), as well as the 9 other members of the Committee, whose mandate will expire in 2024[1].

Minority Rights Group International (MRG), the International Institute on Race, Equality and Human Rights (Race & Equality) and the International Movement Against All Forms of Discrimination and Racism (IMADR), congratulate the newly elected CERD members and those who were re-elected.

Following the historical milestone achieved at the last election,[2] our organisations welcome the continuation of gender parity in the Committee after today’s election. Indeed, with the election/re-election of 4 women, half of the Committee’s seats will be held by women from next year. We assert that gender diversity in the CERD membership is critical to the quality of its work, and to its legitimacy. We call on the newly composed Committee to expand and strengthen the CERD’s efforts to address intersections of racism and racial discrimination with discrimination based on gender, sexual orientation and gender identity, among other grounds for multiple and intersecting forms of discrimination.

However, in contrast, we regret that equitable geographical distribution in the CERD membership is yet to be achieved. No State from Latin America and the Caribbean region nominated candidates for this year’s election, which will make it the second least represented region from 2022. Eastern Europe continues to be least represented with only one member. On the other hand, the representation of the African region will increase from 33% to 44% from next year. We recall that Article 8 (1) of the Convention and General Assembly resolution 68/268[3] encourage States parties to ensure equitable geographical distribution in the Committee membership. The situation of racial discrimination is unique to each country and region, and balanced regional representation in the membership is crucial for the Committee as the global monitoring body.

Furthermore, our organisations are deeply concerned that this year saw the lowest number of nominations of candidates by States parties in the last 10 years[4]. A truly competitive election process is key to further the quality, the independence, and the diversity of the Committee membership. We strongly encourage States parties to contribute to a large and strong pool of candidates by nominating human rights experts of high moral standing who have recognised competence and experience in the field covered by the Convention, and are independent, in line with GA resolution 68/268 and Article 8 (1) of the Convention. Almost 100 States have received the UPR recommendation to “[a]dopt an open, merit-based selection process when selecting national candidates for UN Treaty Body elections”[5], and the majority of them supported it. In addition, the UN Secretary General recommended national competitive selection processes for the nomination of Committee experts, and/or other independent vetting processes[6]. We call on States parties to nominate candidates through such processes for future elections.

In an effort to promote a merit-based and transparent CERD election process, our three organisations circulated a questionnaire to all candidates regarding their background, relevant experience and vision of their future work as a member of the Committee. Responses received were then posted on a dedicated website: www.untbelections.org, and shared with States parties two months ahead of the election in order to help them learn the qualifications of the respective candidates and inform their decisions.

Our three organisations remain committed to contributing to efforts to strengthen the work of the CERD, the main guardian of international human rights standards against racial discrimination. Now more than ever, the CERD has a crucial role to play to participate in normative developments and to call out States for their failure to eliminate often persistent patterns of discrimination and violence affecting people belonging to racialised communities such as people of African-descent, minorities, people discriminated on the basis of caste or descent, indigenous peoples, stateless persons, migrants including refugees and asylum-seekers.

Background:

The Committee on the Elimination of Racial Discrimination is composed of 18 independent experts.

Members are elected for a term of 4 years by States parties from among their nationals, consideration being given to equitable geographical distribution and to representation of the different forms of civilization as well as of the principal legal systems, in accordance with Article 8 of the ICERD. 

Elections are held every 2 years at a meeting of States parties held at the UN headquarters in New York.

The newly elected members will begin their term in January 2022 and their mandates will expire in January 2026

For further information, please contact:

Taisuke Komatsu (IMADR) at tkomatsu@imadr.org

Glenn Payot (MRG) at Glenn.Payot@minorityrights.org

Tania Agosti (Race & Equality) at agosti@oldrace.wp

 

[1] Ms. Ali Al-Misnad (Qatar), Mr. Guisse (Senegal), Ms. Li (China), Mr. Rayess (Mauritania), Mr. Payandeh (Germany), Ms. Shepherd (Jamaica), Ms. Stavrinaki (Greece), Ms. Tlakula (South Africa), Mr. Vega Luna (Peru)

[2] https://imadr.org/joint-communique-cerd-election-2019/

[3] https://undocs.org/A/RES/68/268

[4] The number of nominees since 2011: 16 (3 withdrawn) in 2011; 17 (1 withdrawn) in 2013; 13 (1 withdrawn) in 2015; 16 (1 withdrawn) in 2017; and 16 (2 withdrawn) in 2019.

[5] Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Barbados, Belize, Benin, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Central African Republic, Chad, Chile, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Djibouti, Dominica, Ecuador, El Salvador, Ethiopia, Fiji, Finland, France, Georgia, Germany, Gabon, Ghana, Grenada, Guatemala, Guinea Bissau, Guyana, Honduras, India, Indonesia, Italy, Jamaica, Japan, Kuwait, Lebanon, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Montenegro, Morocco, Nauru, Nepal, New Zealand, North Macedonia, Norway, Panama, Peru, Poland, Portugal, Qatar, Republic of Korea, Republic of the Congo, Romania, Saint Kitts and Nevis, Saint Lucia, San Marino, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tonga, Tunisia, Tuvalu, United Arab Emirates, Vanuatu

[6] A/74/643, paragraph 71

 

Transcinema: trans presence and representation in brazilian audiovisual media

Brazil, June 11, 2021 – “I never imagined living in a country that kills travestis [1] and transsexuals the most. I never imagined how powerful the reference of my population could be, on and off the screen. In theater, producing music on and off the radio, dancing and encouraging the presence of our trans bodies in Brazil.” With this reference, the power of trans bodies and the Brazilian reality, Wescla Vasconcelos- director, screenwriter and presenter– opens the program, “Transcinema: Presence and Representation in Brazilian Audiovisual Media” [2]. The program was supported by the Aldir Blanc Law, the Rio de Janeiro State Government, and the State Secretariat for Culture and Creative Economy, as well as the Kinoplex Cinema Network. Written in partnership with Biancka Fernandes, Transcinema was created in order to make visible and discuss the presence of trans bodies within audiovisual media.

With the participation of actresses such as Divina Aloma, Biancka Fernandes and Rebecca Gotto, who narrate their artistic trajectories of their disobedient bodies in contrast to the prevailing gender and media patterns, which all exalt the disruptive transgender power within Brazilian audiovisual media. Through the brief accounts of their stories, many come from a long haul in this industry. Actresses narrate the evolution of trans representation beyond stigma and prejudice to demonstrate that, yes, trans people can and should be protagonist of their stories. The conquest for space and representation in the cultural sector is an arduous struggle for the trans population, usually their performances are restricted to support roles, their stores are shelved, or they’re found behind the cameras and/ or in cultural projects. Moreover, because of transphobia, many cisgender men act in roles of trans people, further accentuating the erasure and marginalization of trans and transvestite women.

It is worth highlighting that the profusion of social media and the heightened accessibility of the internet is and was important for the visibility of the trans population. Also, themes of identity contributed to the creation of audiovisual content that discuss the importance of trans representation in decision making spaces. Becuase communication is power, the symbolism constructed around trans people, needs to be constantly questioned, since the media legitimizes and romanticizes cisheteronormative narratives, leaving the trans population in an eternal contest for representation beyond headlines of violence and death. Therefore, trans representation also needs to be included in the audiovisual industry and in job generation as a means of social insertion far beyond the screens.

To tell the story of the Transcinema project, Race and Equality invited Wescla Vasconcelos, who besides being the creator of the program, is also an actress, pedagogue, she completed her masters in Culture and Territorialities in Fluminense Federal University (UFF), a Parliamentary adviser in the office of Councilwoman Tainá de Paula in Rio de Janeiro, and also acts as an articulator of the TT-RJ Forum. Wescla also discussed about the importance of the actresses’ stories, and how these stories serve as a reference of themselves and how this evolution is important for the generations to come.

Race and Equality- How did the idea of the Transcinema Program come about? How many editions will there be?

Wescla Vasconcelos- Transcinema arose from a dream I always had as an artist, which is to try to produce content that reflects, in various ways, the power of the presence of trans and transvestite peoples in audiovisual media, but also through other artistic languages. In 2020, I collaborated in a program for the National Association of Travestis and Transsexuals (ANTRA), with the first festival “Travestilizando.” This festival aimed to bring together several trans artists in order to insert them in social networks and showcase their talents at the time of the pandemic. In fact, with the support of several trans artists, we created several virtual campaigns raising funds to help supply food and basic hygiene products. The emergency appeal of the Aldir Blac law arrived in the midst of the pandemic (this law includes emergency assistance to workers in culture and support for cultural spaces). As an artist, I realized the importance of producing content that reflected the power of trans representation in audiovisual media. Together with Biancka Fernandes, we are two trans artist from the Northeast region of Brazil, we started this movement of writing a project based on trans representation in Brazilian audiovisual media. It was the first script that we wrote together, and it was also the first production that I directed and produced at the same time, along with other folks involved. It emerged from the quarantine with the need to produce content that reflects the power of trans representation in audiovisual media. At the moment Transcinema has only one edition, but for the second half of 2021, I intend to develop other content that contemplates trans people’s existence in the Brazilian audiovisual media.

R&E- As a writer and director, what influenced you to explore this issue?

WV- The main influences when constructing the script and direction of the program were based on some interviews with trans artists, both from Brazil and from and other countries. The show was based primarily on the documentary called, ‘Disclosure’ which in Portuguese is called ‘Revelação,’ available on Netflix. In addition to this documentary, I was also inspired by Bruna Benevides’ article called “11 Movies about Trans Activist that you need know” [2]. The article was written on the website Medium and it’s accessible online. It’s wonderful, and it greatly inspired me to create the program’s script.

R&E- What was the experience like working with the trans actresses, what is the message in Transcinema that you’d like to transmit to the public?

WV- The show was an experience of bringing together several trans artists from different cities, with Divina Loma speaking about Madam Satã’s time, in Rio de Janeiro, and what she went through as a black transsexual artist. Then came Rebecca Gotto who is an actress from Baixada Fluminense, guiding the issue of access, opportunities, and the fight for respect of the social name, especially as an artist. It also included Biancka Fernandes referencing aspects of prostitution in Brazil, the marginalization of the streets, poetry, and the importance of poetry as a power of her art. It was a generational conversation humanizing cinema entertainment. This production of content guides our trans people and transvestite population as a reference for ourselves. I think this is the main message that the program Transcinema brings in the fight against prejudice and discrimination.

R&E- Because of your experience as a militant and as an articulator of the TT-RJ Forum, how can ‘Transcinema’ contribute to repair transphobia in a country that kills more LGBTI+ people in the world?

WV- I believe that the Transcinema show directly contributes to discussions that are urgent in our society. We see a lot on television and on other forms of mainstream media, a linkage between prejudice and discrimination to the deaths and murders, further marginalizing transexual and transvestite subjects. Thinking from this place of social movement, the experience in the construction of Transcinema speaks about life. We transsexuals cannot limit our speech and presence in society by just debating questions of transphobia, prejudice and discrimination. We must discuss all this and fight for the right to life within a country that both murders our trans and transvestite bodies.

Nevertheless, it is important to recognize what each of us does in life, because we have many powerful and inspiring things that serve as references not only for trans people, but for society as a whole and the LGBTI+ population. The content of Transcinema contributes to this dialogue by saying that we have always been in various places, occupying various spaces of society. But it’s society that does not admit our presence.

R&E- How do you envision the journey and presence of trans peoples in Brazil’s audiovisual media?

WV- At the end of Transcinema, I leave with a message that is: to let us act, let us sing, let us dance, let us play any and all sports. Society can no longer avoid the debate around trans bodies, travestis, and their role in the labor market, university studies, and other opportunities, because we are human beings and we are included in society anyway.  We need to encourage this inclusion to happen in a more practical and concrete way. I think that the Brazilian audiovisual media today has been going through changes, to the point where I myself am surprised. Brazilian audiovisual media has been going through moments of transformations that reflect a future dialogue of narratives, bodies, and representation. The Transcinema program encourages this evolution and challenges the Brazilian audiovisual media. It’s very much linked to ourselves, the transexual artists who have gone through the entertainment industry before, commenting on their own work as a strategy of reference and exalting our work, and at the same time leaving messages such as: when I was a child or teenager, I had never seen content like this. I think with transgender children and teenagers having access to content like Transcinema, it fosters the idea that they see themselves reflected on TV, in cinema, in art and in various other places in society.

R&E- Another unfortunate Brazilian statistic that brings the trans and transvestite presence within audiovisual media is that Brazil is the country that consumes the most trans and transvestite pornography in the world, but the taboo on trans bodies remains constant. How do you see this possible paradigm breaking within the audiovisual industry?

WV- The statistic is a sad fact, Brazil is the country that kills the most trans and transvestite people not by fatality, I like to emphasize this because they are brutality filled, hate crimes. At the same time that we think about this awful statistic, we see that the consumption of pornography is very high. And in addition to the digital platforms, online pornography, and consumption of the bodies of trans and travestis is also very high. The street corners of prostitution did not completely stop during the pandemic period, and now with this vaccination movement the market of prostitution returns with acceleration. These are issues within society that have never been as present as they are today. We need to strengthen this discussion using the fact that this country kills the most and consumes the most trans pornographic content, and hires prostitution services. These are taboos that need to be debated and, furthermore, alternatives need to be thought out so that this can be something that does not harm the rights and dignity, and life of the LGBTI+ community.

Audiovisual representation can demystify, in the sense that the search for pornography and prostitution on the streets moves certain people in search of specific issues, which in this case is sex. And on the other hand, producing content with a trans diverse population in the audiovisual media, helps to humanize these peoples and express how their bodies are not only for pornographic content and prostitution- trans bodies can also serve as a reference in various points of audiovisual content, and moreover by encouraging their presence in society, we demystifies this taboo. The participation of trans people in Brazilian audiovisual media can help reduce both discrimination and prejudice.

R&E- The popular Madame Satã served as a symbolic figure who always had to appear strong to be able to survive, moreover the cinema perpetuated this image. What image of trans people do we need to (re)build in order to decolonize symbolic ideas of trans bodies?

WV- Madame Satã is referenced in our program, Divina Aloma is one of the few trans artists who had contact with Madame Satã. Unfortunately, we recently experienced the death of Rogéria and Jane di Castro from the Divine Divas. Aloma’s participation in Transcinema is an enormous gift. She’s a legacy in life, in live production, commenting on Madame Satã is one of the defining moments of our documentary. With Madame Satã, we witness a figure confronting fascism and prejudice, vulnerable to the intersectional prejudices, and dealing with the political violence and abusive apparatus that the state ideologically imposes in our society.

Continuation WV- In order to imagine a reconstruction of symbols and struggles that can decolonize trans bodies, it is necessary not only to have trans people acting, but to think in what ways the LGBTI+ debates and trans debates are structured in society. In addition to acting through mediums of art and cinema, I think it is important that we are also aware of these processes. We need more and more writers, editors, content producers, trans creative directors to play a role in the structure and functioning of these large areas of society. Because from the moment we do that, we’re going to see not only trans people acting, but also directing, producing, scripting and creating a distinct presence for the trans and transvestite community using their professional talents. This will all contribute to embolden and decolonize the experience of trans bodies in society. From the moment we still see that there is a great absence in the presence of trans people in various sectors of our society, it is important to think that when this access is facilitated, these people will increase their presence in society, and in a way, weaken forms of prejudice and discrimination.

In order to contribute to promoting the cultural sector with recognition and appreciation of popular expression, Race and Equality recognizes that the right to culture is essential to the contribution of the history of a people and its traditions. Moreover, the appreciation of culture from a plural perspective is intersectionally connected to the struggle for basic rights of peoples. Thus, our engagement in the defense and promotion of racial and indigenous LGBTI+ agendas aim to restructure a world designed for unique bodies and peoples. Therefore, we recognize that diversity is a fundamental right and we congratulate the diverse cultural productions.

 

 

[1] Far from being a pejorative term, according to ANTRA (National Association of Travestis and Transsexuals of Brazil), “travesti” is an identity in the country, claimed by those who, despite having been identified as belonging to the male gender at birth, recognize themselves as belonging to the female gender and have a female gender expression, but do not claim themselves as women. Associação Nacional de Travestis e Transexuais (ANTRA); Instituto Brasileiro Trans de Educação (IBTE). Dossiê dos assassinatos e da violência contra travestis e transexuais brasileiras em 2019. São Paulo: Expressão Popular, ANTRA, IBTE, 2020, p. 11. Available in: https://antrabrasil.files.wordpress.com/2020/01/dossic3aa-dos-assassinatos-e-da-violc3aancia-contra-pessoas-trans-em-2019.pdf

[2] Watch the Transcinema program here: https://www.instagram.com/p/CPJZ6HfDEaR/

[3] https://brunabenevidex.medium.com/11-filmes-sobre-ativistas-trans-que-voc%C3%AA-precisa-conhecer-a2eb9654b4ee

Political Violence in Brazil: What is the Value of Black and Transgender Parliamentarians Lives?

Given the growing political-electoral violence plaguing the security of trans and black parliamentarians in Brazil, both in their daily lives and in the exercise of their mandates, the International Institute on Race, Equality and Human Rights (Race and Equality) makes an urgent call for international human rights and protective strategies.The imminent risk of death due to political violence led the black trans councilor, Benny Briolli (PSOL/RJ), to leave the country in May 2021. The severity of the threats and attacks directed at Benny caused her political party to seek shelter in another country for her safety.

The current fragility of Brazilian democracy calls into question the political actors who defend the guidelines for the guarantee of human rights, with political violence being the engine of hate speech and the spread of false news. We witness with great concern that the Brazilian State fails to respond to complaints, and in cases where it is obliged to respond when triggered by the press or public hearings, it uses dubious statistics. The States’ failures are in addition to tokenizing women, black people, and the LGBTI+ community to forge the inclusion of diversity in their government. However, the lack of protective measures for these groups displays that security is insignificant to those in power to stop the structures that feed political violence.

After the dictatorial period of extreme political violence, the struggle for power remained marked by threats and attacks, all culminating in the assassination of Councilwoman Marielle Franco in 2018. However, it is important to note that political violence was also strategic for President Bolsonaro’s election who, after allegedly being stabbed, managed to mobilize the whole country around the incident. One can see how political violence is key for a government to establish and maintain the culture of fear and repression.

The politics created out of fear and insecurity is only effective when representatives of the most vulnerable population are prevented from exercising their mandates because they question the status quo, either because of their political platforms, or because of their black bodies that perform femineity. Thus, for a government that was consolidated at the polls due to political violence, this domino effect that led city councilor Benny Briolli to leave the country is only the tip of the iceberg of virtual attacks, gender violence and the silencing of a nation.

Within the Bosonarist era, the 2020 elections took place amid tensions of political and electoral threats. Although in 2020 the black movement achieved success in passing the racial criterion [1] for time division and political propaganda on the radio and television, hate speech on social networks gained strength. Moreover, according to a survey conducted by the organizations Terra de Direitos and Justiça Global [2], Brazil recorded an act of political violence every 72 hours in the last elections. The polarized political climate continues to naturalize violence as a coercive ‘weapon’ towards underrepresented groups.

The report, “Political and Electoral Violence in Brazil: An Overview of Human Rights Violations from 20016-2020”, organized by the institutions mentioned above presents striking data. For example, an average of 27 cases of attacks per years are experienced by those elected, as well as candidates. Councillors and mayors are among the political posts with the most registered cases, and as we have repeatedly denounced, the report confirms that proportionally women suffer more violence. The research “Mapping Political Violence Against Black Women” [3] conducted by the Marielle Franco Institute in partnership with Justiça Global and Terra de Direitos, centralized their focus on gender-based political violence. According to the report, about eight out of ten black women in the 2020 elections experienced virtual violence, six out of ten experienced moral and psychological violence, and five out of ten suffered from institutional violence.

According to the survey conducted by the National Association of Transvestites and Transsexuals (ANTRA) [4] of the transgender candidates throughout Brazil in the 2020 elections, about 50% of them were direct victims of threats, including death threats, invasion of their private environment, work, and political spaces. In addition, 38% faced online attacks, and 12% endured direct physical violence. Additionally, as reported by the survey, virtual platforms were drenched in “transphobic insults, intimidation of the trans condition as incapacitating for political positions, transphobic racism, delegitimization of the gender identity of the victims, malicious comments related to the transition and physical attributes (…), dissemination of candidates’ degrading fake news and coordinated invasions of virtual campaign activities to hinder their progress, creating an unsafe environment and, in some cases, interruption due to virtual security issues.”

To contribute to the dissemination of denouncements taking place in Brazil, we spoke with Gisele Barbieri, Advocacy Coordinator of Terra de Diretos, and with an individual responsible for the coordination of the research cited.

R & I – In the report prepared by Terra de Direitos, the framework of political- electoral violence already presents data that indicates growth from 2016 to 2020. The data became even more frightening after the Bolsonaro election, from 2018 onwards. In last year’s elections we saw an expansive increase in hate crimes, with threats and attacks on networks, especially against trans and black women. Given the government’s refusal to see and combat these crimes, do you think it is possible to see an end to the political-electoral violence against women in Brazil? If so, in what way?

Gisele Barbieri – Political violence, as we demonstrated in the survey carried out by Terra de Direitos and Justiça Global in 2020, carries several messages to and from society. Against women, this phenomenon exposes racism, misogynism, among other types of violence. Therefore, envisioning an end to violence will only be possible when resistance is seen as a necessary means to consolidate democracy. In addition, it is a serious violation of human rights, since these women already act in the defense of human rights when they assume their mandates, and yet are targets of constant violence. The responsibility to combat this violence lies not only with the government, but with society at large. In addition to revealing how violence delegitimizes the political agency of women, the research also points out that this violence occurs systematically and not only during electoral periods, but among political parties throughout Brazil. Using these analyses, we evaluate that the end of political violence will only occur when this phenomenon is accompanied, studied, combated, and punished through coordinated actions between various sectors of the State as indicated by Terra de Diretos e Justiça Global’s recommendations.

R & I – Black and trans women are fighting for greater political representation and, in the last elections, we had a record number of trans and black women elected for city council. Even with the support of society, exercising the mandates has been an arduous task. According to the Terra de Direitos and Justiça Global report, women account for 31% of the victim threats. Could you comment about gender violence within the specificities of political violence against trans and black women? How does it differ from political violence directed at other groups?

GB – The research conducted by the Marielle Franco Institute with the support of Terra de Direitos and Justiça Global draws together elements of how racism, which is structural in our society, also poses itself as the vector of violence against black women and trans political agents. This phenomenon for these women is present before, during, and after elections. These message to black and transgender women comes in the form of constant insults and threats, aimed at the elimination and dehumanization of these women by means of attacks ranging from the animalization of these women, insults about their hair and appearance, and even explicit death threats. Racism is the thread of systemic racial violence and hatred can murder the lives of these women at any point. This discourse is in the efforts to fortify representation in the political system, even though black women already represent almost 30% of the Brazilian population.

R & I – In Brazil, we have the recent case of Carolina Iara, who suffered a physical attack, but even so, her request for protection was denied by the city for being a co-councilor, and she was told to hire private security. The lack of protection for Marielle Franco is also a neglected case point. Moreover, the Human Rights Defenders Program does not protect them. Even through filing complaints, there is no response from the State. How do we best protect these women? [5]

GB – The fact that this violence is not monitored by the State creates an institutional gap on this subject. There is an urgent need to draw up a specific protection policy plan for the denouncements and victims when dealing with this type of violence. The National Program of Human Rights Defenders cannot respond to this phenomenon because, although it is directed at human rights defenders, it does not have the mechanism to address this specific type of violence. In cases of political violence, removing candidates from their mandate position to protect them is to comply with the will of the criminals who want to prevent them from exercising their political rights. This violence directly interferes with the democratic process and constitutes a very serious violation of human rights.

Given our work of incidence in Latin America, Race and Equality notes that the current political violence is one of the main factors of human rights violations in the region. Brazil, being a key country in political terms, must position itself and present effective strategies for respecting the lives of its parliamentarians and combating political violence. Therefore, we present the following recommendations to the Brazilian State:

  1. Security guarantee for cis and trans black parliamentarians with the implementation of policies aimed at combating gendered political violence, empowering public security agencies and judiciary and legislation to promote actions at a national level to combat such violence;
  2. Creation of specific legislation to prevent cyber-crimes and the consequent dissemination of fake news that has been one of the pillars for attacks related to political violence;
  3. Ratification of the Inter-American Convention Against all forms of Discrimination and Intolerance in order to punish and combat racism, as well as structural and institutional LGBTIfobia;
  4. Implementation of the Inter-American Convention against Racism before the Brazilian legislation to assemble anti-racist public policies.

 

 

[1] https://noticias.uol.com.br/eleicoes/2020/10/03/stf-divisao-verba-candidaturas-negras.htm

[2] http://terradedireitos.org.br/violencia-politica-e-eleitoral-no-brasil/

[3] https://www.violenciapolitica.org/

[4] https://antrabrasil.files.wordpress.com/2021/01/dossie-trans-2021-29jan2021.pdf

[5] The interview took place before the recent case of councilwoman Benny Briolli

Menstruation: a vital topic for ensuring human rights in Latin America

Washington, D.C.; May 28, 2021.- To mark Menstrual Hygiene Day, celebrated worldwide on May 28th, the International Institute on Race, Equality and Human Rights (Race and Equality) held a virtual panel with Latin American activists and experts who discussed menstruation and its relationship with human rights. The panel also launched the new report Menstruation and Human Rights in Cuba, written and published by the Cuban civil society organization Plataforma Femenina (Women’s Platform).

The panel began with a presentation of Menstruation and Human Rights in Cuba, which discusses the obstacles that women, adolescent and young girls, and other menstruating people face in accessing menstrual hygiene products. The report offers recommendations to the State of Cuba regarding the need to provide the conditions for menstruating with dignity. From there, the panelists discussed how greater understanding of menstruation and menstruating people’s needs should lead to greater fulfillment of their human rights, particularly their economic, social, cultural, and environmental rights.

Christina Fetterhoff, Race and Equality’s Director of Programs, opened the panel and explained the growing use of the term “menstrual hygiene” among United Nations bodies such as the Office of the High Commissioner for Human Rights, UNWomen, UNICEF, and the UN Population Fund. Nonetheless, she invited the panelists to use the term they considered most adequate and with which they felt most comfortable during their presentations.

Menstruation in Cuba

Eroises González, national coordinator of Plataforma Femenina, explained that menstruation is difficult for many Cubans due to limited availability of menstrual pads and other hygiene products. Officially, only 10 pads, which are of poor quality, are sold per woman each month; this ration is insufficient for many women’s menstrual periods.

Women with disabilities or who are deprived of their liberty face even greater difficulties. In both cases, they must rely on family members to acquire hygiene products, which is further complicated by Cuba’s economic situation. González emphasized that these difficulties can lead to an “ordeal” for women who begin their menstrual periods without necessary products.

The report and the panel’s discussion recognized that the United States’ economic embargo of Cuba affects the availability of products such as hygiene supplies while also pointing out that according to the United Nations Committee on Economic, Social and Cultural Rights, “the imposition of sanctions does not in any way nullify or diminish the relevant obligations of that State party. As in other comparable situations, those obligations assume greater practical importance in times of particular hardship.”

The report closes with eight recommendations for the State of Cuba, including the passage and implementation of a law to ensure free and equal access to menstrual hygiene products. The report also recommends greater integration of this issue with Cuba’s existing commitments under the 2030 Agenda for Sustainable Development, particularly regarding health and well-being, education, gender equality, and clean water and hygiene.

“An issue of equality”

Commissioner Margarette May Macaulay, a member of the Inter-American Commission on Human Rights (IACHR), remarked that menstrual hygiene is an issue of gender equality and that factors such as gender stereotypes, extreme poverty, and emergency contexts make menstruation into a source of stigma, violating the rights of people who menstruate to equality and non-discrimination.

Macaulay, the Commission’s Rapporteur on the Rights of Women and on the Rights of Afro-Descendant People, stated, “Studies demonstrate that when girls cannot manage their menstrual period adequately, their attendance and performance at school are affected, which in turn affects their participation in society and generates inequality.” Macaulay also pointed out that the World Health Organization and UNICEF both define “adequate management” of menstrual periods as the ability to use sanitary hygiene products that can be changed in private, access to soap and clean water to wash oneself, and proper facilities for disposing of used products. She reiterated that States are obligated to ensure access to these requirements.

Inclusive and comprehensive initiatives

Santiago Balvin, a trans-masculine activist and member of the Peruvian organization Rosa Rabiosa (Fierce Rose), discussed menstruation from the perspective of trans men, trans-masculine people, and non-binary people assigned a female sex at birth. Santiago began by stating that for many members of these groups, practically “sexual and reproductive rights don’t exist,” as these rights are typically addressed only from a cis-gendered point of view.

“Not all people who menstruate are women, and it’s necessary to understand that for trans and non-binary people, menstruation is not only an issue of bodily comfort, but a key question for their identities,” said Balvin, emphasizing that even the simple act of buying menstrual hygiene products can cause non-binary people to suffer attacks on their psychological and social well-being, due to not being treated in accordance with their gender by others.

Andrea Marín, a menstrual therapist from Colombia, spoke from her professional experience about how to achieve a more comprehensive approach to menstruation. She remarked that, “These spaces are necessary because we need opportunities to name, reflect on, and question our different understandings of human flourishing, and to develop new ones, because we all have different relationships with our bodies, our menstrual cycles, and our environments.”

Marín stated that an important first step is to speak openly about menstruation in order to improve society’s understanding of it, speaking about it in both private and public spaces “to have a place where it can be explored, made visible, and thereby create guarantees through public policies.” She summed up her perspective by stating that menstruation should be informed, safe, and free, with menstruating people enjoying health information, hygiene products, and the freedom to make decisions.

Anahí Rodríguez, the founder of MenstruaciónDignaMéxico (Dignified Menstruation Mexico), argued that for a natural physiological process, that many people experience roughly monthly over forty years of their lives, to be unaddressed in public policies in “unbelievable.” Because of this failure, she stated, menstruation is often an occasion of human rights violations, including violations of the rights to health, education, and the fundamental right to non-discrimination.

“We have to speak strongly and clearly, tackling the challenges that women and other menstruating people face during our periods. It should be an imperative for States to provide every person with the right to menstruate in a hygenic, intimate, comfortable, safe, healthy, and dignified way,” said Rodríguez, pointing out that 40% of Mexican women live in poverty, 36% of people in Mexico do not have daily access to clean water, and 10% have no access to sanitation.

Race and Equality recognizes that women, adolescent and young girls, and other menstruating people across Latin America and the Caribbean face serious obstacles to a dignified menstrual cycle, and that these obstacles prevent them from fully enjoying and exercising their human rights. Therefore, we join civil society across the region in demanding that States create and implement public policies to ensure access to menstrual hygiene products. We also call on the international community to monitor this situation and support the recommendations made by civil society to improve it.

Race and Equality expresses concern for imprisoned Cuban activist Yandier García Labrada and calls on Cuba to comply with the decisions of the IACHR

Washington, D.C.; May 26, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality) expresses our serious concern at the situation of Yandier Garcia Labrada, a Cuban activist and member of the Christian Liberation Movement (MCL) who has been held in “El Típico” prison for nearly eight months without any charges being presented against him.

Yandier Garcia Labrada was detained on October 6, 2020, after protesting against problems with the distribution of food in Manatí, Las Tunas. After being detained, he was held incommunicado for approximately a month, during which time he suffered beatings at the hands of security forces which left him with an immobilized arm. He has still not received any medical attention, despite this injury and his severe asthma.

Recognizing the serious risks that Yandier faces in custody, the Inter-American Commission on Human Rights (IACHR) granted him precautionary measures on January 7, 2021. These measures require the State of Cuba to protect his life and personal integrity, particularly by guaranteeing that he is held in conditions compliant with international standards on the rights of people deprived of liberty. The Commission also called on the Cuban government to adopt these measures in consultation with Yandier and his family and to report on the actions taken to comply with the decision.

The government, however, has not adopted any measures to implement the ruling. Yandier’s situation has only worsened, including through the denial of family visits supposedly due to pandemic-related restrictions. His phone calls are also limited: in the last five months, he has only been permitted one phone call with his family in March 2021. Since then, his family has lost all contact with him and are greatly concerned for his well-being, knowing the poor conditions of Cuban prisons and the risks he faces due to his asthma. Yandier also suffers constant abuse and intimidation at the hands of security forces. The criminal case against him remains open, despite the fact that no charges have been presented and he has not been granted a trial.

Race and Equality calls upon the State of Cuba to adopt all necessary measures to comply with IACHR Resolution 5/2021 and preserve Yandier’s fundamental rights to life, liberty, and personal integrity. We also demand that the State respect the right of all Cubans deprived of liberty, including Yandier, to remain in communication with their loved ones and legal representatives.

One year after the killing of George Floyd, Race and Equality calls for strengthening human rights mechanisms to combat systemic racism and police brutality

Washington, D.C.; May 25, 2021.- One year after the killing of George Floyd by four police officers in Minneapolis, Minnesota, the International Institute on Race, Equality and Human Rights (Race and Equality) reiterates our call to international human rights bodies and states to re-double their efforts to combat systemic racism and police brutality, including by strengthening mechanisms related to UN Human Rights Council Resolution 43/1. We also call on the United States government to listen to victims and survivors who demand justice, reparations, and guarantees of non-repetition.

George Floyd’s death, which was recorded by a witness and broadcast across social media, provoked protests across the U.S. and around the world under the banner of Black Lives Matter, with protestors repeating Floyd’s cry, “I can’t breathe.” The worldwide outrage at his killing moved the UN Human Rights Council to call an emergency session on “current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests” on June 17, 2020.

Only two days later, the Council adopted Resolution 43/1 on “Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers,” which calls upon human rights bodies to devote their attention to the issue of racism and demands that states take an active role to eliminate racism and racial discrimination.

In March 2021, UN High Commissioner for Human Rights Michelle Bachelet delivered an update on Resolution 43/1, informing the Council that she will present a full report in June of this year. Her report will “recommend an agenda for transformative change to dismantle systemic racism and police brutality against Africans and people of African descent, and to advance accountability and redress for victims.”

Deaths at the hands of U.S. police forces have continued since George Floyd’s killing.

Race and Equality applauds the willingness of the Human Rights Council and other international organizations to take action against racism and police violence around the world. Racist police violence is a critical problem facing Latin America and the Caribbean, as revealed in incidents such as the massacre of 25 people in the favela of Jacarezinho, Rio de Janeiro, Brazil and the disproportionately violent response of Colombian security forces to protests across the country.

With Colombia gripped by a nationwide general strike, the Colombian organization Consultancy on Human Rights and Displacement (CODHES) recently published a report documenting 39 people killed during the protests in Cali and Yumbo (Valle del Cauca department), of whom at least 11 were Afro-descendants, 1 was indigenous, and 9 were mestizo.

Race and Equality hopes that states will take swift action to combat systemic racism and police brutality, both of which fundamentally violate the rule of law. States should also put their international human rights obligations into practice by signing and ratifying the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. We hope that the UN human rights system’s increased attention and devotion of resources to these issues will be continued, and that the Inter-American human rights system will also continue to monitor and denounce these violations.

Race and Equality is committed to working with our partners across Latin America to defend and promote the human rights of Afro-descendants and other historically vulnerable and marginalized populations. We will continue our efforts to build the capacity of grassroots rights defenders, document the situations of vulnerable populations, and advocate for change to achieve a more just and equal society.

In anticipation of global UN Forum, first Americas Regional Forum on minority issues gathers recommendations to protect marginalized and vulnerable groups

Washington, D.C.; May 12, 2021.- The first Americas Regional Forum on “Conflict prevention and the protection of the human rights of minorities” took place on April 27 and 28, 2021 with the participation of governmental leaders, regional and international institutions, United Nations bodies, and civil society organizations, including the International Institute on Race, Equality and Human Rights (Race and Equality). Race and Equality also provided logistical support to the forum.

The Forum, held virtually due to the ongoing COVID-19 pandemic, was convoked by UN Special Rapporteur on Minority Issues Fernand de Varennes and is one of four regional forums (Europe, Asia, Africa, and the Americas) gathering information for a thematic report that the Rapporteur will present during the 49th Session of the UN Human Rights Council in March 2022.

The ideas and recommendations raised during the Forum will also be discussed at the 14th UN Forum on Minority Issues, to be held in Geneva in December 2021.

Topics of discussion

Throughout the Forum, participants discussed the importance of protecting the human rights of minorities in initiatives to prevent, mitigate, and end conflict. Discussants identified the legal, institutional, and political challenges to recognizing and protecting the human rights of minorities, especially in contexts where long-standing injustices and grievances pose a risk of armed conflict. The fact that the rights of minorities are often closely related to a conflict’s structural causes, but that minority group’s demands are often ignored in conflict prevention initiatives, was an important finding.

The Forum’s first thematic session, moderated by Race and Equality’s Executive Director Carlos Quesada, discussed “Substantive root causes of contemporary conflicts involving minorities.” Quesada began his remarks by mentioning that two human rights treaties in the Inter-American system – the Inter-American Convention against racism and the Inter-American convention against all forms of discrimination and intolerance – complement the American Convention on Human Rights’ protections of the human rights of minorities. He also remarked that both conventions came into being thanks to advocacy and pressure from civil society.

Lottie Cunningham, founder and president of the Center for Justice and Human Rights of the Nicaraguan Atlantic Coast (CEJUDHCAN), stated that “structural racism is the ideology that maintains ethnic hierarchy, based on a belief that inequalities between indigenous or Afro-descendant communities and the rest of the population is natural and normal, rather than being the result of society’s unjust structures.”

Cunningham called for UN agencies to educate states, private businesses, and civil society on the impacts of environmental racism; increased awareness-raising about the collective human rights of indigenous and Afro-descendant peoples, especially related to the impacts of private business on their territorial rights; and electoral mechanisms to guarantee full participation of minorities in public life, in keeping with their traditional practices.

Marino Córdoba, president of the National Association of Displaced Afro-Colombians (AFRODES), emphasized that Colombia’s international treaty obligations require it to protect the human rights of minorities, but that the extent to which these obligations are being met is questionable, with social leaders belonging to minority groups suffering the deadly impacts of armed conflict without guarantees of truth and justice.

Córdoba called on the international community to insist that Colombia fulfill its obligations to protect and promote its people’s fundamental rights. He also recommended greater investment in conflict prevention, particularly greater efforts to prevent Afro-descendant groups from feeling that their traditions, culture, religion, and language are at risk.

The second session, titled “Normative framework: the human rights of minorities and conflict prevention,” featured María Luisa Acosta, coordinator of the Center for Legal Aid for Indigenous Peoples (CALPI) in Nicaragua. Acosta pointed out that indigenous and Afro-descendant peoples face heightened risks of violence, displacement, and dispossession and that states are obligated to protect the rights of all people without discrimination. She continued that when a state fails to do so, the international community plays a vital role, emphasizing the importance of in-country visits from Special Rapporteurs, including the Rapporteurs on minority issues or on indigenous peoples, and the work of the UN Human Rights Council and General Assembly.

The third session discussed obstacles to fulfilling the rights of minorities and preventing conflicts from harming these rights. The fourth and fifth session discussed strategies for addressing the weaknesses of existing human rights mechanisms in this regard.

During the third session, UN Independent Expert on sexual orientation and gender identity Victor Madrigal-Borloz praised the inclusive language adopted across the UN as an important tool for conflict prevention. He also stressed the need for an improved and broadened understanding of gender to understand the particular impacts of armed conflict on LGBTI+ populations. Madrigal emphasized that LGBTI+ people face constant violence before, during, and after armed conflicts, due in part to gender stereotypes firmly ingrained in societies. Given this reality, he expressed concern at the low levels of LGBTI+ participation in transitional justice and peacebuilding initiatives. He expressed his hope that the Colombian commission undertakes a specific analysis of the violence suffered by LGBTI+ communities in the country’s armed conflict.

The forum ended with a series of recommendations that drew on the information submitted before the forum, the panels, and attendees’ questions and comments. The recommendations were grouped into twelve categories: 1) Education on human rights, 2) Fighting intersectional inequality and discrimination, 3) Recognizing and accommodating ethno-cultural diversity, 4) Guaranteeing effective participation in public life, politics, the economy, and culture, 5) Educating the public about minorities, 6) Environmental issues, 7) Health issues, 8) Religion, 9) Access to justice, 10) Ending violence, 11) Data collection, y 12) Conflict prevention.

The recommendations generated by the Forum and the other Regional Forums will be distributed and serve as references for the 14th UN Forum on Minority Issues. The Special Rapporteur on minority issues will also use them to prepare guidelines and resources on conflict and minorities.

As was emphasized throughout the Forum, the rights of minorities are human rights and states have an obligation to protect and promote these rights at both the individual and collective levels. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities should be implemented alongside states’ other international human rights obligations and without any discrimination for reasons of race, color, sex, sexual orientation or gender identity, language, religion, political beliefs, socioeconomic status, or other condition.

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