Call for Photography: “Portraying Diversity”

Call for Photography: “Portraying Diversity”

Washington D.C., April 16, 2021- The call for photography: “Portraying Diversity” is a regional initiative of the Institute on Race, Equality and Human Rights (Race and Equality). This project is part of the commemoration of the International Day against Homophobia, Transphobia and Biphobia (May 17) and the International LGBTI+ Pride Day (June 28), with the aim of making visible the diverse identities in Latin American and the Caribbean, as well as demanding for the respect and guarantee of rights of the LGBTI+ population.

“Each year we commemorate these dates in order to create more visibility around people with diverse sexual orientation and gender identities, as well as make visible the situations they face in their respective countries. This year, among the commemorative actions that we have proposed, we include this call to portray the LGBTI population in an authentic and artistic way, and what better way than through photography and with the collaboration of people who support or identify with the cause,” explained Zuleika Rivera, Officer of the LGBTI Race and Equality Program.

Context

Latin America and the Caribbean is an adverse region for LGBTI+ people. The continent has record numbers of violence and murder against this community. According to the Map of the Murders of Transvestites and Transexuals in Brazil, a report published by the National Association of Transvestites and Transexuals (ANTRA), in Brazil alone, 175 trans people were killed in 2020, that is once every two days.

In the absence of laws to protect and promote their rights, LGBTI+ people, including diverse couples and families, suffer daily physical and verbal abuse, discrimination and exclusion. They also face serious difficulties in accessing basic rights and services such as health, education, housing and justice.

Call for entry

With the call for photography “Portrait Diversity” we hope to share a collaboration of photos by amateur or professional photographers from all Latin American and Caribbean countries, that through their work we help make visible the diversity and reality of the LGBTI+ community. The following are the terms of reference for this entry.

Call period: April 16 – May 21

Information to accompany the photograph:

  • Name or pseudonym of the author
  • Country
  • Photograph name (ideally two words)
  • Brief description of the photograph (where was it taken, who are the protagonists, and what does it reflect)

Format: JPEG. Minimum resolution of 1500 x 2000 pixels. Full color and/or BN. Only one photo per participant

Style: Free (artistic, journalistic or self-portrait photography)

Send: To the email (igualdad.comunicaciones2021@gmail.com) with the subject link “Call for photography: Portraying Diversity.”

The photographs will be shared through Race and Equality accounts on Twitter, Facebook, Instagram, as well as its website, along with the author’s credits and the information received about the photograph. This dissemination will begin on May 17 and end on June 28.

This entry of photography is completely open, so we invite you to share and participate to make visible the diversity in our region and together contribute to the construction of a more inclusive society for all people, without discrimination.

Cuba: activists demand an adequate response to the “silent pandemic” of gender-based violence

Washington, D.C., April 12, 2021.- On International Women’s Day 2021 (March 8th), the Cuban government published Presidential Decree 198/2021, which inaugurated the National Program for the Advancement of Women (known by its Spanish initials, PAM). According to the decree, the PAM “forms the cornerstone in the development of pro-women policies, while furthering the advancement and development of gender equality in Cuba and the institutionalization of this right.”

The decree comes as Cuban activists and civil organizations demand a law against gender-based violence in response to alarming levels of violence against women and girls on the island. So far in 2021, civil society organizations have documented 10 murders of women; civil society counted 32 women, including two girls, murdered in 2020.

Cuban women’s demands

On November 21, 2019, 40 women representing independent civil society submitted a petition to Cuba’s National Assembly requesting a law against gender-based violence, highlighting the following key points, among others:

  • Article 43 of Cuba’s new constitution (approved in 2019) requires the State to create institutional and legal mechanisms to protect women from gender-based violence.
  • The 2016 National Survey on Gender Equality found that partner violence is an issue for women across the country and that the majority of survivors do not seek justice or assistance from State institutions.
  • Cuba’s own National Report on the Implementation of the 2030 Agenda (presented in 2019) officially recognized ‘femicides’ as an official category of documentation and analysis.

The National Assembly, however, sent a response to the presenters of the petition on January 10, 2020, informing them that a law against gender-based violence would not be included on the next legislative calendar, which includes all potential bills and laws until 2028.

A campaign for equality

Despite the Assembly’s refusal to consider the matter, activism to fight gender-based violence is vibrant throughout Cuba. Several organizations have pushed the issue forward through Twitter, Facebook, and other online channels. The increasing availability of internet and mobile data in Cuba has allowed these women and other Cuban activists to fight for their rights. Denunciations of sexist violence grow more and more visible, as do activists’ demands.

Cuban civil society organizations emphasize that in the Americas, only Cuba and Haiti lack laws criminalizing femicide. On International Women’s Day 2021, as the government published the decree creating the PAM, women’s organizations published their own manifesto, entitled “Gender-based Violence: The Silent Pandemic,” which documents the various forms of violence facing Cuban women on a daily basis.

“Understanding violence as a personal issue facing individuals puts women into a situation of subordination to men and takes for granted historically unequal power relations between men and women, legitimating the maintenance of men’s domination over women,” the manifesto reads. “This prevents women from denouncing the violence they face due to feelings of fear, shame, or guilt.”

The need for a comprehensive law

Gender-based violence is rooted in the gender inequalities facing women and people with feminine gender identities. These inequalities are imbedded in cultural and social structures, relegating all those who do not fit a male and heterosexual ideal to second-class status. Direct, symbolic, and structural violence are all inflicted upon women, manifesting as physical, verbal, and psychological attacks along with denial of opportunities. Sexism and misogyny also manifest in violence committed against women for reasons of gender, presenting a specific and differentiated threat of femicide.

The Cuban government must act swiftly to approve a comprehensive law addressing gender-based violence. Having signed and ratified the International Convention on the Elimination of all forms of Discrimination against Women (CEDAW), Cuba is bound to advance legislation promoting gender equality. A law that criminalizes gender-based violence and promotes women’s enjoyment of their rights is a necessary step towards fulfilling Cuba’s commitment under the Convention.

Various international mechanisms have already recommended the passage of such a law. The UN Committee on the Elimination of all forms of Discrimination against Women, which oversees the implementation of the Convention, expressed concern at the levels of violence against women in Cuba and recommended a law outlawing gender-based violence, acknowledging that gender-based violence against women represents a serious form of discrimination in society.

The Inter-American Commission on Human Rights (IACHR) also recommended the creation of a legal framework to address women’s rights violations in its last country report on Cuba, including legal standards on discrimination against women. The IACHR also called on Cuba to sign and ratify the Inter-American Convention to Prevent, Sanction, and Eliminate Violence Against Women, known as the Convention of Belem do Para.

Race and Equality urges Cuba to use the creation of the National Program for the Advancement of Women (PAM) as a first step towards the creation of a comprehensive law on gender-based violence. Full implementation of the PAM should include the creation of trustworthy, disaggregated statistics so that Cuban policy can respond to women’s diverse and intersectional needs. With both the COVID-19 pandemic and the ‘silent pandemic’ of violence against women raging across Cuba, such policies will save many women’s lives.

Cuba must also formally recognize and criminalize all forms of violence against women. The end of impunity for these violations is a critical step to advancing women’s well-being. The tireless work of activists in Cuba has made violence against women a pressing issue at the national and international level. Race and Equality is proud to join this campaign and call for the passage of the proposed Comprehensive Law Against Gender-Based Violence.

IACHR begins formal process to determine the State of Cuba’s responsibility for human rights violations against activists

Washington, D.C. – April 8, 2021.- The Inter-American Commission on Human Rights (IACHR) has agreed to process a petition presented by the International Institute on Race, Equality and Human Rights (Race and Equality). In the petition, Race and Equality requested that the Commission find the State of Cuba responsible for human rights violations including arbitrary detention, unjust imprisonment, and torture against members of the Patriotic Union of Cuba (UNPACU) between October 2019 and April 2020.

The petition lists José Daniel Ferrer García (UNPACU’s founder and leader), Fernando González Vaillant, Roilan Zarraga Ferrer, and José Pupo Chaveco as victims, documenting that the four men were detained without an arrest warrant on October 1st, 2019, in violation of both Cuban law and Cuba’s international human rights commitments.[1]

Race and Equality has requested that the IACHR declare the State of Cuba responsible for violations of the men’s rights to freedom, security, personal integrity, freedom of expression, protection of personal reputation and honor, familial protection, health, protection from arbitrary detention, and due process, all of which are guaranteed in the American Declaration on the Rights and Duties of Man. Race and Equality also requested that the IACHR officially establish a legal category of “political prisoner” to characterize the four victim’s situations. The Commission transmitted the petition to the State of Cuba, requesting the State’s observations and response within a period of three months (beginning March 15th of this year).

With the petition now in processing, the Commission will receive arguments from both Race and Equality and the State regarding the admissibility of the case under the Commission’s rules of procedure. Should the case be found admissible, the Commission will investigate the facts of the case to determine whether the State is responsible for human rights violations and, if so, what recommendations will be given to the State to ensure justice.

Continuous violence against UNPACU

After being detained on October 1st, 2019, the four UNPACU members were placed in pre-trial detention, where they suffered inhumane prison conditions for six months and two days before being released to parole or house arrest on April 3rd, 2020. During their time in prison, they experienced cruel treatment, were often prevented from communicating with the outside world, and suffered violations of their personal integrity.

These violations are only some examples of the constant repression that UNPACU suffers at the hands of the Cuban government, which works ceaselessly to prevent the organization from carrying out its mission of defending human rights and promoting democracy.

Led by José Daniel Ferrer, dozens of UNPACU members have been on hunger strike since March 20th to protest a police cordon that has surrounded UNPACU’s offices for over three weeks. During this standoff, police have arbitrarily arrested several UNPACU members and members of Ferrer’s family.

On April 7th, the Secretariat of the Organization of American States (OAS) announced that the organization is on “high alert” regarding the health and well-being of the hunger strikers. The OAS also condemned the Cuban government for carrying its repression of UNPACU to such extremes. IACHR Commissioner Stuardo Ralón, the Commission’s Rapporteur on Cuba, also expressed his solidarity with the strikers, calling on the State to comply with its human rights obligations and avoid “risking the life and integrity of the people, who are already suffering a visible physical deterioration.”

Race and Equality calls on the Cuban government to end its repression of UNPACU and its members and to heed the demands of independent civil society as it calls for democracy and respect for human rights in Cuba.

[1] Race and Equality included José Pupo Chaveco as one of the victims in the original petition submitted in 2020. Since then, Mr. Chaveco has left UNPACU and is no longer in communication with the organization or with Race and Equality. He is no longer represented by Race and Equality.

Cuba: The International Community Must Demand Accountability from the Cuban Government For Its Actions and to Immediately Stop Unlawful Short-term Arbitrary Detentions, House Arrests, Forced Exile, and Smear Campaigns against Dissenting Voices

In response to the aggressive acts committed by police officers in recent weeks against Patriotic Union of Cuba (UNPACU) activists on hunger strike; the beatings and arrests of members of the San Isidro Movement; the forced exile imposed on Cuban citizens, making them stateless; permanent house arrests; and smear campaigns against journalists, artists, and dissidents, the undersigned 7 organizations issue the following statement:

“We are deeply concerned about the ongoing pattern of repression against critical voices which are freely expressing themselves over the current status quo in the country. We call on the international community to urgently focus on Cuba. International organizations, the foreign press, democratic governments, and embassies present in Havana must rigorously monitor systemic human rights violations, provide assistance to human rights defenders who suffer abuse, and demand a reliable response from the Cuban government. There is an urgent need for solidarity for the victims and a common international position against the abuses perpetrated by Cuban State Security. These acts cannot be normalized in the eyes of global public opinion.

The Cuban government must immediately act with accountability and end the police siege and physical attacks directed against UNPACU members, who in response have been on hunger strike for more than 20 days. The beatings against members of the San Isidro Movement and the short-term arrests carried out by civilian officers against these and other artists, journalists, and dissidents must end. It is unacceptable that the Cuban government has converted the activists’ homes into permanent prisons, and that it continues to intimidate its emigrants with the condemnation of statelessness. The media manipulation campaigns deployed by official press outlets, which constitutes incitement to hatred and violence against those who disagree with the political system, must be urgently denounced.”

Background

On March 20th, after years spent seeking an international response to serious human rights violations, UNPACU leader José Daniel Ferrer[1] and nearly 50 of its members began a hunger strike as a final plea for Cuban State Security to end a siege against the organization.  Despite the delicate physical and mental state of the 31 activists who were 15 days into their strike, mobs organized by the Cuban authorities stoned Ferrer and his wife, Nelva Ortega Tamayo, on April 3rd. The authorities also cut internet and telecommunications access and have even detained the children of those who remained on strike. As the country faces an ever-mounting economic and humanitarian crisis, UNPACU has become a staple in the community, providing basic hard-to-find food and medicine.

During the first quarter of 2021, the wave of repression also impacted members of the San Isidro Movement (MSI), a group of artists who launched their own hunger strike in November 2020 and who have been outspoken against restrictions to their freedom of expression. In recent months, the state security has used tactics that have essentially transformed activists’ homes into makeshift prisons, preventing the occupants from leaving. Short-term arbitrary detentions, involving physical violence and mental abuse, have been disproportionately used as a tactic to silence dissent. Luis Manuel Otero and Maykel Obsorbo, two of the primary targets, have frequently returned home with bruises, cuts, and torn clothing.

We have also witnessed a spate of arrests and detentions, that last no more than a few hours, carried out by undercover officers who do not inform their victims or document their actions in official records. On April 5th, activists and journalists Luis Manuel Otero, Hector Luis Valdés, Esteban Rodríguez, María Matienzo, Kirenia Yailit, and Manuel Cruz were detained in Havana. In Camagüey, Bárbaro de Céspedes remained unaccounted for several days, after being arrested at the door of a church. He had been carrying a wooden cross bearing the inscription “61 years of communism” as a symbol of protest.

In another instance where the Cuban government has backtracked on its human rights commitments, journalist Karla Pérez González was prohibited from entering the country on March 18th. Upon graduating from the University of Costa Rica, Pérez González had legally requested and received the documentation needed to return home to Cuba. However, upon landing at her connecting airport in Panama, state officials informed airline representatives that she was banned from entering Cuba. Pérez González was forced to return to Costa Rica, where she finally received political refuge. The Cuban government continues to intimidate its emigrants by threatening to prohibit their return home if they speak out against government policies while abroad.

In addition to the aforementioned events, the government has renewed its media-defamation strategy, which is deployed by the state-run media against independent artists, journalists, and activists. This mechanism seeks to curb critical voices and intimidate victims and their families, while also condemning international support for domestic civil society voices, which are labeled “mercenaries” or “enemies of the homeland.”

At the international level, Cuba has not ratified the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, nor the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. Furthermore, the Cuban government has not extended an invitation to the UN Special Rapporteur on the situation of human rights defenders. The International Committee of the Red Cross, which visits political prisoners, has not been able to enter Cuba since 1989. Cuba is also the only country in the Americas that Amnesty International has not been able to visit since 1990, and it is the only country with a closed civic space in the Americas according to the CIVICUS Monitor, an online platform that records civic rights violations globally. Lastly, in the newly released 2021 edition of Freedom House’s Freedom in the World report, Cuba was rated Not Free, earning 13 out of 100 possible points—the lowest score in Latin America.

List of signatories:

CADAL

CIVICUS

Civil Rights Defenders

Freedom House

People in Need

Race and Equality

Robert F. Kennedy Human Rights

[1] Ferrer is one of the most prominent opposition leaders on the island. He suffered an arduous period in Cuban prisons in 2019. Amnesty International also previously recognized Ferrer as a prisoner of conscience while he was incarcerated from 2003 to 2011, when he was a victim of a wave of government repression against dissidents known as the “Black Spring”; 75 people were sentenced to long prison terms under Law 88: The Protection of National Independence and the Economy of Cuba.

Public Hearing on Political Violence in Brazil: Black Parliamentarians (cis and trans) urge the IACHR for Protection and Denounce the Negligence of the Brazilian State

Brazil, april 06, 2021 – In a hearing exclusively dedicated to denouncing the absence of political rights in Brazil, black councilors (cis and trans) and civil society organizations presented before the Inter-American Commission on Human Rights (IACHR). The presentation consisted of the current scene of violations of civil and political rights that afflict the security of several parliamentarians in the country. The hearing took place on March 23, in the context of the 179th calendar of virtual hearings of the IACHR, it was filed by the organizations: The National Association of Travestis and Transexuals of Brazil (ANTRA); Criola; Terra de Direitos; Marielle Franco Institute; Justiça Global, Rede Nacional de Negras e Negros LGBT, and The Institute of Race and Equality.

The following participated in the hearing: Erika Hilton (PSOL/SP); Ana Lúcia Martins (PT/SC) and Carolina Iara (PSOL/SP); representatives of civil society organizations included: Anielle Franco, Executive Director of the Marielle Franco Institute; and Bruna Benevides, Secretary of Political Articulation at ANTRA. Despite the discriminatory historical context that structures the Brazilian political scene, progress in relation to identity, anti-racist and anti-LGBTIphobic issues promoted the growth of parliamentary representation in the country’s legislative houses, provoking the existing system of hierarchical powers. However, the reactions of conservatives in political and social sectors, based on a culture of hatred, further foment the phenomenon of political and electoral violence in the country.

Given this framework of systemic persecution, Anielle Franco opened the debate denouncing how political violence is used as a tool to deprive black and trans women from exercising their political rights, which as a result prevents discussions on gender, race, and sexuality inequalities from taking place in political and institutional spaces. Moreover, Anielle exposed data on political violence during the 2020 elections, one of the most violent elections in recent years, which proves the escalation of political tension against black and trans parliamentarians in the country.

According to a survey by the Marielle Franco Institute [1], 98.5% of black candidates reported having suffered at least one type of political violence. The main violence was virtual, representing 80% of the total attacks suffered. In addition, only 32% of the candidates denounced the experiences they suffered, and among the reasons for not making the complaint public is the fact that they do not feel safe or are afraid to report the violence. In addition to not having support from the political party nor the police, among those who condemned the attacks, 70% said that it did not bring more security,

“There is an urgent need to promote mechanisms to tackle all forms of violence against black, transgender and travestis women, and to reorient existing policies in Brazil that today are still insufficient to guarantee their protection and their political rights,” Anielle concluded.

Parliamentary member, Ana Lúcia Martins, reported that sought protection through legal means, in addition to denouncing the threats on social network platforms, she did not receive any assistance or security from the state nor from her party. She had to bear the costs for her defense. Faced with negligence from the institutions, Ana Lúcia reported that almost nothing happened regarding the investigation of death threats and racist violations suffered. She continues to be a victim of political violence on social networks with messages that incite hatred and intolerance.

Ana Lúcia spoke before the IACHR, “We know that the State’s omission has an origin, the same that ignores the daily death of the black population of this country, whether by urban violence, lack of public policies to eliminate inequalities, racism that structure these inequalities, or by the hands of the State itself (…) Anielle Franco’s question has not yet been answered: Who guarantees the safety of black women elected?”

 Co-councilwoman Carolina Iara, who suffered an attack in her home in January of this year, was direct in her questioning: “What is the connection between these threats towards trans parliamentarians and to the 175 trans women and travestis murdered in Brazil in 2020? What is the connection between Brazil’s high number of deaths of human rights defenders and the threats we are suffering? Who’s going to restore the trauma I have now? What kind of country is this where in addition to being silent, the president, in numerous statements, encourages LGBTIphobia?”

Alluding to the memory of Marielle Franco, Carolina pointed out that she will not be a martyr of this systemic violence that finds black and trans bodies in a necropolitical framework, further trivializing death in the country. Thus, she reiterated that the Brazilian State has an obligation to ensure that all black and trans leaders live safely to take part in politics. Additionally, the responsibility of their security cannot be exclusively left to civil society or the party.

In her speech, Councilwoman Erika Hilton denounced the persecution of human rights defenders and the women elected as an attempt at silence. As councilwoman she recalled a threatening experience of an attempted break-in to her office, as well as the university where she studied the walls were vandalized, “with spray-painted expressions: woman, black, elected, dead. I started my mandate having to prosecute more than 50 people for racist and transphobic attacks. How can I carry out political functions without being guaranteed physical integrity?” she questioned.

With the task of reporting the recommendations to the IACHR, Bruna Benevides further exposed the situation of political violence, especially the negligence of the Ministry of Women, Family and Human Rights, which made no statement, action or mobilization around political violence against cis and trans black women. As an example, Bruna cited the bill [2] that aims to protect victims of political violence, but through the transphobic movement of parliamentarians aligned with the fallacious narrative of “gender ideology,” it prevented the extension of protection to trans and travestis parliamentarians.

Bruna reported, “We have also observed several attempts to institutionalize transphobia by assigning biological criteria for access to and guarantee of fundamental rights, denying the right to the recognition of self-declaration and gender identity of trans people in various projects at the federal, state and municipal level. This disregard is corroborated by the negligence and omission of the State in recognizing these political acts of violence, especially against those who do not make up the government base and who are the most affected by political violence.”

Brazilian State representatives sought to escape the complaints with insufficient responses to the demands requested during the hearing, reaffirming a negationist position in relation to racial, transphobic, and political violence that harm political rights and the lives of parliamentarians. Through evasive arguments, representatives avoided and minimized the phenomenon of political violence in the country, attributing the facts to a world context.

In reference to the complaints, the IACHR Commissioners requested explanations from the State. Margarette May Macaulay, Rapporteur on the Rights of People of African Descent and against Racial Discrimination and Rapporteur on the Rights of Women, argued how the Brazilian State monitors cases of violence in the country, moreover she criticized the implementation in law of the Inter-American Convention against Racism, which was already approved by the Federal Senate.

In addition, Joel Hernández, Rapporteur for Brazil, concluded the hearing by emphasizing the importance of advancing women’s political rights and highlighting the State’s rejection in hearing allegations concerning political violence. In addition, Hernández stressed the necessity in observing the ways that virtual harassment operates in order to understand the exercise of political rights in Brazil.

In accordance with complaints cited during the hearing and aimed at guaranteeing the rights and protection of women who are part of the political body of the country, the following recommendations were delivered to the IACHR:

  • Instigate the Brazilian State to be in development with the legislative chambers, as well as in dialogue with the city council members and organs of the justice system. Create mechanisms for referrals and prompt treatment of allegations of political violence against black women- cis and trans/travestis, ensuring identification and accountability of perpetrators of violence and providing psychological support to victims, their advisors and family members;
  • Urge the Brazilian State to promote coordinated and integrated actions with specialized cyber-crime investigation police departments to hold perpetrators accountable and inhibit the use of online tools and platforms for attacks of political violence, in particular when driven by mass and deliberately sponsored professional structures;
  • Prompt the Brazilian State to guarantee the training of judiciary members, the Public Prosecutor’s Office, the Public Defender’s Office, the Law Office, and the civil and federal police to increase their awareness of political violence against black women, trans and travestis, racial and gender discrimination, hate speech, and create anti-racist legislation, victims’ rights, redress measures, among other topics;
  • Promote public hearings, debates and inter-sectoral discussions between public bodies and society on the impacts of political violence motivated by transphobia and issues related to the trans population;
  • Urge the Brazilian State to advance in its adoption of specific legislation on political violence against women with actions that include preventing, restraining and punishing this type of violence, with a specific look at black women, travestis and transexual peoples;
  • Carry out political tasks by listening to social movements and local civil society organizations to learn more about the current context of violations of the rights of black women, transexuals and travestis who are candidates and elected human rights defenders, with worsening situations of conflict. As well as present the perspectives of international standards that can contribute to the improvement of national protection policies;
  • Place pressure on the Brazilian State to expand the structure and budget of the program for the Protection of Human Rights Defenders under the Ministry of Women, Family and Human Rights, and the inclusion of candidates and parliamentarians in this program, in order to ensure the protection of human rights defenders and their free exercise of political rights;

 

Missed the public hearing? Watch the full video here: youtu.be/Uu-U3OIoh2I

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

[2]https://g1.globo.com/politica/noticia/2020/12/10/camara-aprova-lei-com-medidas-de-combate-a-violencia-politica-contra-mulheres.ghtml

The world needs to see what is happening in Brazil

After one year of a pandemic, Brazil is experiencing the worse moment of its democratic history with a crisis that is spreading to all spheres of power. On one hand, the health and economic sectors find themselves in a state of disaster, aggravated by uncertainty and government abandonment and gravely affecting the black community, women, LGBTI+ persons, indigenous people, and quilombolas. On the other hand, there is a political crisis orchestrated by the current government, which through the dissemination of false information, has found in the COVID-19 pandemic a strategic opportunity to increase its power through institutional means. Along with more than 322,000 lives lost, government ministries are succumbing to an authoritarian increase of orders and counter-orders from the Bolsonaro government, culminating in a wave of poverty and unprecedented violence.

The world needs to look at what is happening in Brazil. Latin America must look at what is happening in Brazil. This editorial letter is a call for help from the International Institute on Race, Equality, and Human Rights (Race and Equality) for the international community to take a look at Brazil and to hear that, while world leaders are planning how to end the pandemic in order to rebuild their countries, President Bolsonaro in Brazil has turned his population into a guinea pig and has made them hostage to a project to spread the virus in view of pursuing his own interests camouflaged in the salvationist rhetoric of “economic recovery”. What Bolsonaro did not include in his policy of death is that the political polarization aroused by his ruling base could collide with his plans for power. Since wherever there are extreme crises, there are human rights violations, we describe below some events caused by Bolsonaro’s governance and the tragedies affecting the country in an unprecedented manner.

Health crisis and pandemic – During the month of March 2021, the country for five consecutive days recorded a record high average of COVID-19 deaths reaching 3,950 deaths in 24 hours on the last day of the month. Even with a free public healthcare system that is a world reference, the hospital system collapsed due to presidential vetoes on protective measures which resulted in the absence of basic hospital and respiratory kits. Furthermore, government negligence concerning the pandemic continued on in the form of failed social distancing measures, encouraging mass gatherings, spreading of the virus in indigenous villages and quilombo, and encouraging the use medications without proven efficacy. Due to the absence of an effective vaccination plan, the country did not join the international pact against COVID-19 encouraged by the World Health Organization (WHO), remaining more and more isolated from the rest of the world. It must be remembered that the health crisis is the tip of the iceberg for generalized political instability.

Political and ministerial crisis – During the pandemic alone, the Bolsonaro government welcomed four different Health ministers: Luiz Henrique Mandetta, Nelson Teich, Eduardo Pazuello e, o atual, Marcelo Queiroga. Even those most in line with proposals from the ruling faction did not succeed making progress with the pandemic and, in the midst of constant conflict with a lack of public policy and a framework for a vaccination plan, all of them were criticized for their submission to the President and for lacking autonomy in the exercise of their duties. The current crisis leads Bolsonaro to having to negotiate with political parties in the center over positions important to the country’s public life so that his political plan is prioritized, leaving aside the social policies necessary for recovering from the social crisis that has exponentially struck the most vulnerable populations such as black and Indigenous people and quilombo residents.

Crisis in the Ministry of Foreign Affairs – Last week, the Brazilian Minister of Foreign Affairs resigned after intense political pressure from the National Congress and from his own ministry. Ernesto Araujo’s management is seen as a tragic period of Brazilian diplomacy. In the UN he was responsible for Brazil’s veto of the term “gender” in resolutions and for stances contrary to sexual education, which was seen as confrontational with women and the trans community. Moreover, Araujo accused the coronavirus of being an ideological virus that was working for the construction of a “communist nightmare” through encouraging countries to transfer their power to the World Health Organization. His conflictual attitude was accused of delaying Brazil’s purchase of vaccines and of not having established a diplomatic relationship with countries that could be important partners at a time when the pandemic is worsening in Brazil and when there is a shortage of vaccines and raw materials.

Military crisis and allusion to the dictatorship – In recent days, the Brazilian population has been gripped by a profound feeling of political uncertainty upon encountering a true military crisis characterized by a meeting of the Armed Forces. For the first time in the history of the country, the three chiefs of the Armed Forces tendered their resignations due to disagreements with the President of the Republic. According to experts, Bolsonaro was pressuring the Armed Forces to engage in political defense of the government and in support of measures against social distancing – a flagrant attempt at turning the Armed Forces into his personal institutions in order to defend his interests, demonstrating a crisis that generated collective fear for the country’s political future. This episode occurred the same week that marks the 57th anniversary of the beginning of the military dictatorship of business in Brazil, which was a bloody, antidemocratic period in which there were at least 434 people killed or disappeared and in which triumphed censorship, the repeal of civil rights, and the serious violation of human rights. Fifty-seven years later, the Ministry of Defense emphasized that the military regime period is a part of the trajectory of Brazilian history and should be celebrated. This attitude as well as Bolsonaro’s attempts to incite the Armed Forces to his defense should be rejected as harmful to process of redemocratizing Brazil.

Political violence – The 2020 electoral process was recorded as one of the most violent in recent years. It is not by accident that we organized together with other Brazilian black organizations and state council members (cis and trans) a thematic hearing at the Inter-American Human Rights Commission (IACHR) to report the worsening of political violence against these organizations and to demand their lives be protected. Victims of physical threats and/or online attacks, these State Council members  faced daily racist and transphobic hate speech without being afforded government protection. Uncoincidentally, 2020 was also marked by a considerable increase in the murder of trans people with 175 murders – 41.12% more than in 2019. The Brazilian government’s failure to act in the face of political and electoral violence directed at these groups exposes the fragility of Brazilian democracy, which due to the impunity of crimes spanning gender and racial violence, deprives black and trans women from exercising their political rights, threatening democracy in Brazil and covering up intersectional debate in institutions of power. Thus, the silencing of these women is reinforced in spheres of power.

Economic crisis: impoverishment of the population and unemployment – Brazil was removed from the UN Hunger Map in 2014. Nevertheless, due to the crisis’ exponential growth in the country, the estimate for the end of 2020 was that 14.7 million people or 7% of the population fell into extreme poverty because of the pandemic. The Brazilian population is living through a moment of extreme poverty due to the political and economic crisis that, because of disinterest in political coordination, deprives the population of assistance and fails to provide the means necessary for social distancing protocols to be respected through financial subsidies. Emergency assistance, which was around $600 Brazilian reals in the beginning of the pandemic, has not run out solely due to the fight led by civil society. Even so, after a significant decrease in 2021, the assistance now varies from $150 to $375 reals – an amount that does not take into account the price spike of basic staples and the minimum wage, much less the cost of gas cylinders which serves as the nutritional basis for thousands of families in the country. Even the financial speculation fostered by the Bolsonaro government, which spans from damaging large state corporations aiming for privatization to abandoning large multinational businesses in the country, is facing a permanent rollercoaster with the President’s changes in important offices in the land. The high unemployment rate witnessed a leap from 45% to 53% during the pandemic, causing latent growth of informal jobs without any guarantee of  rights and protections for workers who are primarily black. Analyzing the economic crisis in Brazil is to directly look at the country’s historical racial problems.

Police violence – Despite the decision of the Federal Supreme Court (STF) to suspend police raids in communities of Rio de Janeiro unless absolutely necessary while the state of disaster stemming from the COVID-19 pandemic is in effect, this is not the reality in Rio’s favelas according to the judgement of Claim 635 Violation of a Fundamental Principle (ADPF) since police violence in these areas still remains. Additionally, during the first two months of 2021, were reported nine massacres in police operations in the state. For this reason, the Public Prosecutor’s Office of Rio de Janeiro along with human rights defense entities petitioned that the STF speak up concerning the continuation of those police actions. It must be highlighted that such instability affects the pace of vaccination, which has had to be interrupted in the favelas because of shootouts. In Rio de Janeiro alone, from January to June 2020, 99 children and adolescents were killed by police, 27% in the capital and 73% in other municipalities. The report “The Color of Violence: the Bullet Does Not Miss its Target”, written by the Rede de Observatórios da Segurança (Network of Security Observatories), points to the data on racist violence in 2019. In Bahia, a state with a mostly black population, 97% of people murdered by police were black. In Rio de Janeiro, which has 51% of the black population, 86% of people killed by police were black people, the highest number in decades.

Environmental crisis – Even in his speech at the opening session of the 75th UN General Assembly, President Bolsonaro spread fake news about the government’s stance on the loosening of environmental guidelines during the pandemic. As a consequence, the Indigenous population and residents of quilombos suffer the most from deforestation and land-grabbing, in addition to the spread of the virus in their communities. Beyond not fulfilling any signed environmental agreement, the country will have to redo its climate goals in order to meet the Paris Agreement. If the Bolsonaro government does indeed have any environmental policy, it is compromised by political parties that seek to exploit protected natural reserves just as environment minister, Ricardo Salles, pointed out during a ministerial meeting when referring to “pushing through” simplifications of environmental rules and norms. Nevertheless, in 2020, between the deaths of various Indigenous leaders and human rights defenders in the fight against the pandemic and for the forest, an enormous increase was recorded in the deforestation of the Amazonian forest.

As part of Race and Equality’s commitment to the fight for human rights and racial and gender equity from an intersectional perspective, this editorial is more than a report before the international community on what is happening in Brazil. It is also a call for international actors who defend human rights to exhort the Brazilian State in its federal, state, and municipal jurisdictions to adopt distinct public policies that meet the specificities of black and Indigenous populations that are the most affected by hunger, poverty, and the domino effect of neglect, which is the political project that has become the pandemic in the country. It is also crucial that the racial problem be recognized as an aggravating factor of the inequalities that finds in policies and meritocratic projects, beyond the State’s failure to address police violence, the violent death and mass incarceration of the country’s black population. Furthermore, the government should adopt the WHO protocols to tackle the pandemic and, finally, it should urge the Armed Forces to respect the country’s civil and democratic order.

CALL FOR PARTICIPATION: Americas Regional Forum on Conflict prevention and the protection of the human rights of minorities

CALL FOR PARTICIPATION

Contextualisation

There is a broad global consensus that addressing inequalities and making institutions more inclusive are central to addressing the root causes of conflicts. Most conflicts are characterized by the insufficient inclusion of minorities, and, in the specific context of the Americas, indigenous peoples. Given that this is often coupled with disregard for their identities and grievances, as well as with a denial of their human rights, the main challenge now is to better understand what this means in practice.

Since 2010, the number of major violent conflicts has tripled globally, and much of the increase is in the rise of intrastate conflicts, usually involving minorities. “There are now more violent conflicts globally than at any time in the past 30 years, and the world is also facing the largest forced displacement crisis ever recorded”1.

Peace, stability and justice – in other words preventing violent conflicts – require addressing the core grievances of minorities associated with their exclusion, discriminatory practices in matters of participation in public life and other areas, accommodating their cultures, religions or beliefs, and languages, as well as other breaches of their human rights of significance to protect their existence and identities. The exclusion of and discrimination against minorities rather than ensuring their inclusion and protection in society through the implementation of their human rights, are the main root-causes of most contemporary conflicts.

Preventing conflicts requires addressing these failures in implementation. Guaranteeing the protection of the human rights of minorities, and those of indigenous peoples where they also constitute minorities, and ensuring their implementation before grievances have the chance to fester increases the chances that a conflict might not occur. These are the pathways to respect the dignity and equality of all persons to achieve justice, peace and stability as foreseen in the Preamble of the Universal Declaration of Human Rights and emergence of the international human rights system after the Second World War. The pathways for peace and conflict prevention are therefore to be found in the proper understanding and implementation of the human rights of minorities.

The full concept note for the 2021 Regional Forums is available here.

Objectives

The main purpose of the Americas Regional Forum on “Conflict prevention and the protection of the human rights of minorities” is to provide regional insights, which will feed into the thematic work of the Special Rapporteur for his report to the 49th session of the UN Human Rights Council in March 2022. Furthermore, discussions will inform the work and recommendations of the 14th session of the Forum on Minority Issues, which will take place in Geneva in December 2021.

Specific objectives include:

  1. Develop mutual understanding about the role of the protection of the human rights of minorities in preventing conflicts.
  2. Discuss legal, institutional and policy challenges to the recognition and implementation of the human rights of minorities to address long-standing grievances that may lead to tensions and possible conflicts.
  3. Identify why the root-causes of most conflicts, the denial of the human rights of minorities and their aspirations, are seldom acknowledged or addressed.
  4. Strengthen partnerships among various stakeholders and build capacity to address the root-causes of contemporary conflicts and more effectively prevent conflicts.

Date and Venue

Date: 27th – 28th April 2021

Online Meeting

Participation

The Americas Regional Forum shall be open to the participation of states; intergovernmental organizations including United Nations agencies and mechanisms; national human rights institutions and other relevant national bodies; academics and experts on minority issues; representatives of minorities as well as civil society organizations specializing in minority issues.

Participation is open to individuals involved in minority issues in the Americas region (see list of eligible countries here), and with a clear focus and expertise on conflict prevention and minorities.

All individual participants must register online here. Registration will close at 11pm CEST, Wednesday 21st April 2021.

Participants are encouraged to submit any proposed recommendations in advance of the Americas Regional Forum to regionalforum@tomlantosinstitute.hu. In the event that proposed recommendations are written in French, Portuguese or Spanish, the organizers ask that these be submitted by Friday 23rd April, so that they can be translated. All written recommendations submitted in writing are collated and considered as part of the final set of recommendations developed during the regional forum.

The Americas Regional Forum will be a virtual event.

The Government of Mexico has graciously accepted acting as host for the regional forum.

Further details for joining the meeting will be sent following confirmation of registration, a few days before the event.

Areas of Discussion

In light of the main objectives of the regional forums, the discussions will address the following overarching themes. These will be informed by the framework of international human rights law and standards:

  1. Substantive root causes of contemporary conflicts involving minorities
  2. Normative framework: the human rights of minorities and conflict prevention
  3. Obstacles to implementing the rights of minorities and early effective conflict prevention
  4. Ways forward towards addressing gaps in human rights mechanisms to protect minorities and prevent conflicts

The importance of including gender perspectives in conflict prevention activities has been increasingly recognized in recent years. Therefore, discussions will take into account gender and the role of women in relation to conflict, and sexual orientation and gender identity as well as their specific intersection with minorities.

In addition to the four thematic panels, the regional forum will also include a high-level state panel consisting of several state presentations. This will highlight the positive experiences and lessons learnt by states that have been involved in conflict prevention activities, deepening the understanding about the role of the protection of the human rights of minorities in preventing conflicts.

Outputs

Based on the discussions and the contributions of the participants, the main output produced from the Americas Regional Forum will be a document with practical recommendations reflective of regional contexts and challenges.

Working language of the forum is English. Interpretation will be provided in French, Portuguese, Spanish and Mexican sign language.

1 UNHCR, Global Trends,13

Leyla Huerta – Féminas Perú: The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist

Washington D.C., April 1, 2021 – On June 7, 2015, the Peruvian organization Féminas was created with the aim of empowering trans women to achieve recognition and respect for their rights. The International Institute on Race, Equality and Human Rights (Race and Equality) spoke with its founder and director, Leyla Huerta, who in addition to explaining the context that inspired the formation of Féminas, also described its future projects and the current situation trans women face in Peru.

Féminas emerged from the empowerment and activism Leyla envisions for trans women. By participating in other organizations that work with this population, Leyla was able to identify that in many cases, the bureaucracy and concentration of responsibilities do not correspond to the needs of women in terms of training and advocacy.

The leader explained, “I started questioning and saw that it made some people uncomfortable. Community activism was not an interesting scene. So, I stayed out of it, not participating in any organization. I continued to grow professionally and had the opportunity to coordinate a big project alongside trans women. With these women I began to create empowerment meetings within the workplace, and that’s how Féminas was formed.”

For Leyla, community activism is fundamental in changing reality and, therefore, the basis of Féminas’ work. “The trans population is so invisible that the simple fact that you exist in your environment already makes you an activist. The mere fact of existing without saying anything, just your presence in a neighborhood, begins to question the existence of gender diversity.”

The impact of COVID and their Plans

The COVID-19 pandemic made 2020 a year full of challenges for Féminas, both in its organizational processes and advocacy actions. In addition, the abrupt removal of President Martín Vizcarra, meant a break in the discourse of support for the trans population, where previously the presidency and key institutions handled trans populations’ political recognition and guarantee of rights.

Peru does not have a Gender Identity Law, therefore name change is only possible through a judicial recourse, a process that can be very long and expensive. With COVID-19, the possibility of carrying out this process online opened, but trans people have encountered numerous limitations, such as the lack of instruction manuals that clearly explain procedural steps. For this reason, Leyla points out that the pandemic is delaying the objective of accumulating a high number of name change petitions and generating jurisprudence in this process.

A positive aspect is that the pandemic has forced the State to update its information and registration systems. “A girl changes her name now and everything is updated, (because) everything is online. The work that had to be done for this, took time so we do not have to go through all the institutions to change the name on all the documents. It is a great advantage for those who have been able to change their names,” Leyla explains.

A double burden

In the presence of COVID, Féminas provides humanitarian aid to trans women, which involves, in addition to regular meetings, a process of aid planning, identification of beneficiaries, dissemination on social networks, and production of informative videos. And while these actions respond to their vision as an organization, they cannot deny that it implies greater effort, and labor, which makes them reflect on the double burden that transgender people face as a result of their gender expression and gender identity.

“We say that ‘with everything that cis people experience politically, imagine how it is for trans people.’ Because we too are affected by the government, a political landscape where hate speech and the identity of people are used to generate shows and people don’t realize it. People are so consumed by capitalism that they don’t realize they are following this hate speech.”

Regarding the dismissal of Martín Vizcarra on November 10, 2020, Leyla claims it signifies a “lost battle” in the struggle for the recognition and guarantee of rights of trans people. Leyla explains, “Vicarra’s government tried to have a very inclusive vision. Unfortunately, it was also evident that much more is still lacking, but interesting things have occurred. The topic of “pico y género” and ministers discussing gender identity and gender expression, I believe has been very important.”

Féminas recognizes the Ministry of Women and Vulnerable Populations, the Ministry of Social Inclusion, and the Ministry of Justice and Human Rights as partners in the struggle. Leyla insures that within these Ministries there are people who have helped bring several changes, but due to the political crisis, this support was interrupted by a change in officials.

 What they want in the future

In the last five years, Féminas has managed to be in the Violence Against Women Plan, gotten trans women to be mentioned for the first time in a technical norm, and sought to continue name change trials to generate jurisprudence. Above all, it has fostered trust among the trans community. The latter is a point that Leyla considers fundamental, especially given the history the trans community has endured in Peru.

Leyla knows that to continue achieving these results as well as others, it is necessary to promote training processes and professionalization, which they were able to work on during the quarantine enforced by the COVID-19 pandemic. She states, “I want stability for Féminas, I see Féminas that way. An institution where we can provide different services, where we can have a research clinic, as an institution that can channel support for trans women and not lose that theme of idealism.”

The director stresses that in this process of growth they do not want to lose sight of community activism and always give prominence to women. “To continue at the community level (…), to be able to professionalize, contribute and improve the status of trans women, however it must be for trans women themselves and not only to develop the space where they will be. We are not going to achieve this change alone, with one or two people, but rather all together we can advance the conditions of the population,” Leyla reaffirms. She also mentions the political arena, as she considers it an important space for achieving sustainable change.

Race and Equality recognizes the importance of the work carried out by organizations such as Féminas in favor of trans people. We see with particular attention that the health emergency generated by COVID-19 during 2020, exacerbated many challenges. However, during this time the LGBTI community has learned many lessons, continuing to resist, heal and support each other.

Within this context, Race and Equality recognizes the different types of violence that LGBTI people endure, its diverse intersections with identity and sexuality, and the influences specific country contexts play. For this reason, we reiterate our support and accompaniment to organizations, like Féminas, who struggle every day to achieve the recognition of diverse gender expressions and gender identities.

International Day of Trans Visibility: Honoring the struggle to protect and promote trans rights in the Americas

Washington, D.C.; March 29, 2021 – On the eve of International Day of Trans Visibility (March 31), the International Institute on Race, Equality and Human Rights (Race and Equality) honors the activists who work tirelessly to protect and promote the human rights of trans people in Latin America and the Caribbean. We also call upon all States to put in place laws and policies that ensure respect, recognition, and full enjoyment of rights for the region’s trans population.

Sadly, for yet another year, the Day of Trans Visibility will be marked by a lack of recognition and protection for trans people in the Americas, resulting in threats, physical and verbal attacks, persecution, exclusion, and the deaths of people with diverse gender expressions and/or identities. According to the international organization Trans Respect vs. Transphobia, of the 350 killings of trans people that were reported worldwide between October 1, 2019 and September 30, 2020, 82% took place in Latin America.

The COVID-19 pandemic worsened the already-vulnerable situation of trans people throughout 2020. Some governments failed to consider trans people’s needs when designing gender-based pandemic response measures, exposing trans citizens to sanctions for supposedly violating these measures. Meanwhile, both police violence and violent criminal attacks against trans people increased during the year, especially violence against trans women sex workers.

Despite this adverse context, however, activists and civil society organizations remain firm in their commitment to fight for trans people’s fundamental rights. Race and Equality applauds the trans community’s efforts throughout the region and is committed to providing support and technical assistance as civil society advocates before regional and international human rights bodies.

To commemorate International Day of Trans Visibility, Race and Equality spoke with activists from around the region about their work and about their visions for a just society. These activists spoke of great challenges, but also of the victories they have won and their dreams for the future.

Recognition and respect

The Brazilian journalist Caê Vasconcelos told us that society needs to learn to see trans men in their full and complex totality. Caê, himself a trans man, said, “we should be able to bring our whole life stories, experiences of life, struggle, love, care, and all the power that our trans bodies have.” He emphasized that a lack of knowledge of trans people’s experiences renders them invisible in Brazilian society. This invisibility manifests, for example, in a total lack of gynecological or pregnancy care for trans men. Making trans people’s needs visible is a vital step to honoring their existence and ensuring their rights as full citizens.

This invisibility also results in transphobia and violence against trans people as Brazil’s cis-heteronormative structures lash out against those who are different. As the National Association of Travestis[1] and Transsexual People (ANTRA) reported in their Dossier on Homicides and Violence against  Travestis and Transsexual People in Brazil (2020), some conservative ideologies and political sectors encourage this hatred, leading to Brazil’s status as the country with the most murders of trans people.

In Nicaragua, the human rights activist and former political prisoner Victoria Obando sums up the trans movement’s demands as, “Stop killing us.” Recently, Nicaragua’s LGBT community was horrified by the brutal murder of Anahís “Lala” Contreras, a 22-year-old trans women who was beaten by two men and dragged behind a horse. For Victoria, such a grotesque act reveals the levels of violence and exclusion facing trans people in Nicaragua.

The case of Celia Cruz is indicative of the arbitrary persecution and criminalization that trans Nicaraguans have suffered at the hands of their government throughout the socio-political crisis that began in April 2018. Celia, a trans woman, has been held in a men’s prison since April 21, 2020, where she is serving a 10-year sentence after being convicted of obstruction of justice and kidnapping for ransom.

Tomás Anzola, coordinator of the Trans Support and Action Group (GAAT) in Colombia, told Race and Equality that he wishes “for trans people to be able to construct our own identities and bodily experiences in loving and safe environments, in the company of our support networks.” In Colombia, the COVID-19 pandemic has resulted in increased violence against trans people, with 28 trans people (27 women and 1 man) killed in 2020 and 6 already killed in 2021.

As Colombian society debates the decriminalization of abortion, several trans organizations have spoken out about the need to ensure that reproductive rights extend to trans Colombians, emphasizing that denying such rights to trans people denies their very identities. These organizations are also demanding reforms to the National Police after an attack against a trans woman in Soacha (Cundinamarca department) in which police officers insulted, attacked, and sexually abused her.

Colombia’s trans activists and organizations make clear that Colombia has not yet implemented effective public policies guaranteeing full recognition and enjoyment of trans people’s rights. This failure, they emphasize, leaves trans people highly vulnerable to prejudice and violence.

Living without fear

Isabella Fernández, an activist with the Peruvian organization Féminas, told Race and Equality that above all, she wishes for trans people to be able to grow up in homes free of violence and discrimination. Worldwide, trans people and others with diverse gender expressions and/or identities frequently leave home after being rejected by their families, putting them at risk of violence and other harm.

In Peru, organizations fighting for LGBT rights are working towards a national law on gender identity, seeking to ensure that trans people can have their genders recognized by public and private institutions. Currently, those whose genders do not correspond with their civil registrations or identity documents struggle to access health services, education, jobs, and housing.

The Dominican activist Geisha Collins, part of the organization Trans Siempre Amigas (Trans Always Friends, or TRANSSA) shared with us that trans women must have access to identity documents that reflect their genders, which is why TRANSSA is fighting for a gender identity law in the Dominican Republic. Geisha also works to fulfill trans Dominicans’ right to health services that reflect their needs and for access to education, work, and the justice system without discrimination.

TRANSSA is also leading a national campaign for the General Law on Equality and Non-discrimination, which will put into practice the guarantees of Article 39 of the Dominican Constitution. The draft law includes sexual orientation and gender identity as protected categories, outlawing “the denial of the right to enjoy a gender identity of one’s choosing,” which in turn “implies the right to reassign one’s gender or image on public documents.”

Race and Equality laments the lack of recognition for trans people on the part of States and societies in Latin America and the Caribbean, which in turn leads to violence and human rights violations. We support the demands of trans activists and organizations across the region and call on States to respect and protect all people’s human rights, without regard for their sexual orientation or gender identity and/or expression. We recommend the following steps to governments across the region:

  • Approve gender identity laws that allow trans people to exercise their citizenship under the correct gender without obstacles or delay, as called for in Consultative Opinion 24-17 of the Inter-American Court of Human Rights.
  • Strengthen programs to train public servants, including the police and judiciary, on gender identity and trans issues.
  • Investigate and sanction all acts of violence against trans people, guaranteeing protection and respect to trans people throughout the process.
  • Implement public education and awareness-raising campaigns to promote respect for LGBTI people and their rights.
  • Create specific public health protocols for attending to trans people and people with diverse gender identities and/or expressions.
  • Collect and publish disaggregated data on violence against LGBTI people, using an intersectional approach.
  • Sign and ratify the Inter-American Convention against All Forms of Discrimination.

[1] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

Cuba: IACHR grants precautionary measures to Maria Matienzo Puerto, an independent journalist, and Kirenia Núñez Perez, a human rights defender

Washington, D.C. March 23, 2021.- The Inter-American Commission on Human Rights (IACHR) has granted precautionary measures in favor of Cuban independent journalist/writer Maria Matienzo Puerto and human rights activist Kirenia Núñez Perez, after considering them to be in a serious and urgent situation, given that their right to life and personal integrity are at risk of irreparable harm.

According to Resolution 21/2021, the IACHR determined that the couple has been at risk due to threats, harassment, intimidation and aggression, along with defamatory messages over the course of approximately seven years. The Commission also noted that it requested information from the State on June 18, 2020 and, to date, it has not received any response.

In analyzing the risk, urgency and irreparability of the situation, the IACHR noted with concern one such defamatory message aimed at Ms. Núñez Perez to “control” her partner, Ms. Matienzo Puerto. According to the Commission, this message exemplifies the existence of a gender prejudice towards the work that women human rights defenders carry out, and it generates a situation of “elevated” risk towards prejudices associated with “the role that they (women) must play in society.”

In analyzing the facts, the IACHR requested that the Cuban state: a) adopt the necessary measures to protect the rights to life and personal integrity of both Matienzo Puerto and Nuñez Perez; b) adopt the necessary measures so that the beneficiaries can carry out their activities as independent journalist and human rights defender, respectively, without being subjected to acts of violence, threats, intimidation and harassment when carrying out their work; c) agree on the measures to be adopted with the beneficiaries and their representatives; and d) report on the measures taken to investigate the alleged actions that led to the adoption of these precautionary measures, and thus avoiding their repetition.

Intimidation and persecution

Ms. Matienzo Puerto and Ms. Nuñez Perez – who as a couple share the same residence – are victims of continuous intimidation and persecution at the hands of State agents, as well as civilians who identify as siding with the government. This situation also translates into online abuse on social media.

The most recent repressive act against Ms. Matienzo Puerto (not included in the IACHR resolution) took place on March 12, when officials without identification intercepted her as she was leaving her home. She was forced to get into a vehicle and was kept in custody at a police station for several hours, without anyone knowing her whereabouts. At the police station, officials interrogated and threatened her for her work as an independent journalist, and for having contact or being friends with other independent activists.

Race and Equality calls on the Cuban State to adopt the necessary measures to safeguard the life and integrity of Maria Matienzo Puerto and Kirenia Núñez Perez, in accordance with its human rights obligations and as a member of the Inter-American Human Rights System. We also call on the authorities to guarantee and respect the work of independent journalists and human rights defenders on the Island.

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