Race and Equality celebrates the adoption of the UN resolution for the protection of african people and afro-descendants against police violence

Race and Equality celebrates the adoption of the UN resolution for the protection of african people and afro-descendants against police violence

Washington DC, July 15, 2021 – The Institute on Race, Equality and Human Rights (Race and Equality) celebrates the adoption, by consensus, of Resolution A/HRC/47/L.8 Rev.1, which aims to promote and protect African and Afro-descendants against excessive use of public force. This resolution was voted on at the 47th  General Assembly of the United Nations High Commissioner for Human Rights (HRC47), in which Michelle Bachelet, UN High Commissioner for Human Rights, presented her report on the subject, calling on member states to dismantle systemic racism and end police violence. This ruling is a historic step towards reforming systemic police brutality against the black population.

The Resolution establishes an international mechanism of independent experts to promote transformative changes to justice and racial equality. This mechanism should be composed of three experts with experience in law enforcement and human rights, who will be appointed by the President of the Human Rights Council, under the guidance of the High Commissioner. To this end, the mechanism must work closely with experts from international bodies and treaties.

Additionally, this same mechanism will be responsible for investigating the responses of governments to peaceful protests against racism and all international human rights violations, as well as contribute to accountability and reparation of victims. The mechanism will be presented to the UN Council annually, together with the High Commissioner, who will also present an annual report, to be declared at its 51st session in June 2022.

Furthermore, it should be noted that the adopted Resolution recognizes the legacy of slavery, colonialism, and the transatlantic slave trade of African peoples. This recognition dialogues with the 21-year-old Durban Conference, whose Durban Declaration and program of action cite the link between the past, present and future, recognizing that Afro-descendants continue to be victims of the consequences of slavery, the slave trade and colonialism. Thus, both documents call for the former colonial powers to assume the consequences of colonization and its impacts on today’s black population around the world.

In presenting her report, Bachelet reiterated that, “no state has taken full responsibility for the past or the current impact of systemic racism,” thus confirming the urgent need for measures to ensure an end to impunity and discriminatory policies. Thus, the promotion of racial justice and equality pervades the adoption of reparatory policies against systemic racism in Western nations affected by colonialism

In view of this resolution, we also praise the importance of human rights organizations and defenders who are part of the anti-racist struggle. Through their advocacy work, the committee against racial discrimination, the rapporteur on racism and the working group on Afro-descendants have made numerous recommendations to the UN system for the protection of human rights.

Towards a Global Transformative Agenda

The implications of Resolution A/HRC/47/L.8/Rev.1 of the Human Rights Council adopted by the UN are the results of a historical demand of the black population around the world. Michelle Bachelet’s mandate research under Resolution 43/1, provides concrete recommendations on the measures needed to ensure access to justice, accountability, reparation for excessive use of force, and other human rights violations against the black population. The case of George Floyd in the US brought to light racial debate versus police violence on a global level. Therefore, investigating the violent responses of governments towards peaceful protests against racism and supporting the victims of human rights violations was made as an urgent response from international mechanisms.

That said, the attack on democracy by the States is carried out as an attempt to weaken both the anti-racist struggle and the guarantee to fundamental rights. Therefore, among the pillars of reparations to African and Afro-descendant peoples is the establishment of independent monitoring mechanisms and standardized methods to report and review the use of force. Furthermore, data should be published and broken-down by race or ethnic origin of the victims, highlighting the racial profile, the cause of deaths and serious injuries that are related to the maintenance of order, and subsequent prosecutions and convictions.

Statement on Police and Political Violence in Brazil

On the occasion of the UN’s HRC47, Race and Equality with Brazilian and international human rights organizations, denounced the ongoing police and political violence in Brazil as a result of systemic racism. The neglect of the Brazilian government in the face of constant allegations of human rights violations, both in the political sphere and in the public and private spheres, highlights how the structure that supports the maintenance of racist practices is ingrained in its institutions, especially in those in which the state seeks to impose order through violence—the police institution.

Thus, Race and Equality in partnership with the Marielle Franco Institute (IMF), IMADR and Minority Rights, [1] denounced police violence against the black population in Brazil. The statement, delivered by Anielle Franco, Executive Director of the IMF, urges the United Nations to establish an independent and impartial mechanism within the police forces that will help ensure accountability and respect for human rights standards and ensure that all cases of disproportionate use of force are investigated. In addition, the statement highlighted the recent cases of the Chacina do Jacarezinho, in which the excessive use of police force resulted in the brutal murder of 25 black youths in Jacarezinho, a favela in Rio de Janeiro; and the case of Kathleen Romeu, a 24-year-old pregnant black girl, shot dead during an illegal police operation in the Lins Vasconcelos Complex, also a favela in Rio de Janeiro.

In another complaint to the UN Council, Race and Equality and The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Mundo), the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT) [2] was to denounce not only police violence, but also political violence that has haunted, delegitimized and silenced the Brazilian LGBTI+ population. The statement highlighted the case of Luana Barbosa, a black woman, mother and lesbian, brutally murdered by police in 2016, whose case was mentioned in Bachelet’s report. In addition, the implications of systemic racism traversed by sexism, makes the LGBTI+ population hostage not only of police brutality, which disrespects its gender identities in a violent way, but also hostage to the anti-gender agenda promoted by the current government, already institutionalized in the promotion of hate speech and closure of specific public policies that serve the LGBTI+ population.

Thus, it is worth remembering that the brutality of police violence in Brazil disproportionately affects the racialized population and people who express different genders. With the promotion of a state security policy that aims to eliminate these bodies, the system relies on the racist and LGBTIphobic structures and commands an eye-catching necropolitical project aimed at an agenda of ethnic-racial cleansing, promoting the genocide of the black population. Presented as a fait accompli by the government to disregard the injunction of the Supreme Court (STF) that restricts police operations in the city’s favelas during the COVID-19 pandemic, has resulted in more than 800 people killed by police since June 2020.

Responses from the States in the Region

In response to the complaints, the Brazilian state lamented the deaths cited by the High Commissioner’s report, making itself available to continue cooperating with the UN. Furthermore, the state informed that the justice system is investigating cases and intends to work on systemic responses and proposes to work specifically on human rights education for public authorities.

The Colombian government on the other hand, questioned the data presented on the murders of Afro-Colombian leaders and people during the National Strike, thus demanding that they be verified. In this way, it sought to delegitimize the protests that took place, emphasizing that the State does not tolerate violence by public servants that violate human rights— facts that can be proven both by media footage and by the constant denunciations of aggressions and deaths.

Race and Equality urges the States in the region to fully cooperate with the UN mechanism created to end impunity for racialized state violence; ensure accountability and remedies; and confront the roots of racism. In the case of Colombia, we express concern about the government’s negative response and our hope that the Colombian authorities will investigate and publicize human rights violations and killings against Afro-descendant defenders amid the National Strike protests.

As for Brazil, we hope that the State will follow up on investigations and on a human rights cooperation policy aimed at ending police violence and impunity for those responsible. We emphasize that Brazil needs to effectively implement the Inter-American Convention against Racism. Thus, we reaffirm our commitment to monitoring human rights violations by States and ensuring the implementation of this Resolution by the UN mechanism, so that it can work together with special procedures to strengthen accountability in the administration of racial justice. Finally, we believe that it is essential that the UN can ensure the participation of Afro-descendant peoples and communities in the formulation and implementation of States’ responses to systemic racism.

 

[1] Access the pronouncement: https://bit.ly/3yXYcfO (available only in English)
[2] Access the pronouncement: https://bit.ly/3r9WhC4 (available only in English)

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

Race and Equality condemns the Jacarezinho Massacre

Brasil, May 07 2021 – The International Institute on Race, Equality, and Human Rights (Race and Equality) condemns and rejects the excessive use of police force that resulted in the massacre of 25 people in the favela of Jacarezinho, in Rio de Janeiro, on May 6, 2021. Houses were raided, residents were assaulted, and airstrikes terrorized the entire community. This police operation marks the largest death toll that Rio de Janeiro has experienced. For all the human rights violated, we urge for the accountability of Governor Claudio Castro, along with the military police involved in the operation.

The city is tied to several massacres where its citizens are not protected. Historic massacres include: 1993, Vigário Geral (21 dead) and Candelária (8 dead); 2017, Alemão (19 dead) and, 2021 Jacarezinho (25 dead). Citizens were shot at a train and subway station; there is no security policy that can be explained by the crossfire and close-range shooting. There is no anti- drug policy that justifies the lethality of those who live in vulnerable situations. According to the Security Observatory Network (Rede Observatório de Segurança), in the first quarter of 2021 alone, there were 257 police operations, with 69 deaths in Rio de Janeiro. This tragic number of deaths was even after the trial of “ADPF Favelas.” Within this trial, the Supreme Court (STF) held a public hearing to discuss the ADPF, Allegation of Violation of a Fundamental Precept (Arguição de Descumprimento de Preceito Fundamental) Case No. 635, known as “ADPF Favelas.” The aim of the debate was to collect information that supports a plan to reduce police lethality in the state of Rio, including banning police operations during the pandemic.[1]

Race and Equality calls on the international community to demand justice in the face of the violence of a state whose death policy has executed youth and children living in the community. We emphasize to international human rights organizations that in Brazil, people whom the state considers as “suspects,” are those historically subjected to violence because of their race and class. Historical and structural racism play a role in the current security policy, with the black population suffering the most from police violence and representing the majority of the country’s prison population. We also remember that Governor Claudio Castro, in addition to failing to comply with the decision of the Supreme Court, caused the death of children. In Rio de Janeiro alone, from January to June last year, 99 children and adolescents were killed by police officers, 27% in the capital and 73% in other municipalities.

Read: The world needs to see what is happening in Brazil

We offer our solidarity to the entire community of Jacarezinho and to the families of the victims in the face of barbarism. A state that accounts for 45,000 deaths by COVID-19 while conducting a truculent police operation is the same as saying that it does not value the lives of its citizens. What lives really matter in the face of a policy of death? We remind you that to combat organized crime, we need strategy, intelligence, monitoring and coordinated actions. Violence cannot be combated with more violence! Carlos Quesada, Executive Director of Race and Equality, expresses his outrage and declares that the police action that took place today has several names: barbarism, massacre, slaughter– all directed to black, poor and favela bodies. We demand answers from the Public Ministry and the Justice Department about this operation where, once again, we are witnessing black youth genocide in Brazil!

[1] “Why the Supreme Court Suspends Police Operations in Favelas of Rio de Janeiro,” Conectas Human Rights (2020). Available here: https://www.conectas.org/en/news/understand-what-led-the-supreme-court-to-suspend-police-operations-in-rio-de-janeiros-favelas

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

Race and Equality celebrates Brazil’s ratification of the Inter-American Convention against Racism

Brazil, February 19th, 2021 – The International Institute on Race, Equality and Human Rights (Race and Equality) congratulates the Brazilian State for its ratification  of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance [1], originally signed by the member countries of the Organization of American States (OAS) in Guatemala in 2013 [2]. The Brazilian Senate’s ratification of the Convention marks a major achievement for the Afro-Brazilian movement, which has fought for the adoption and strengthening of the Convention for over 20 years. In signing and ratifying the convention, Brazil has committed to fighting intolerance and racism, presenting an opportunity to break with the racism ingrained in Brazilian society.

With its ratification, the Convention gains the status of a constitutional amendment in Brazil, allowing laws which go against its statutes to be challenged in court. These potential challenges represent a new path for anti-racist discourse and activism in the country. Aligning domestic legislation with human rights standards is of paramount importance in the fight to end, prevent, and punish racism and discrimination. It is noteworthy that in Article 5, Subsection 42, the Brazilian Constitution makes the crime of racism ineligible for bail and exempt from a statute of limitations. In Article 3, Subsection 4, the Constitution rejects prejudice and other forms of discrimination.

Lúcia Xavier, General Coordinator of the Brazilian organization Criola, welcomes Brazil’s ratification of the Convention, telling Race and Equality that the Convention now represents a fundamental instrument for promoting the rights of Afro-Brazilians, especially Afro-Brazilian women, amidst attacks on human rights and the continuing effects of COVID-19 in Brazil. “While conservative governments are advancing against rights, the Convention will mean having more instruments for human rights and  strengthening the regional human rights system itself. It will be a fundamental political instrument going forward to confront racism in Brazil and in the region,” she remarked.

“Now that it has been ratified by Brazil and consolidated in our legislation, the Convention reinforces the effort that the Afro-descendant and Afro women’s movements have been making for years to definitively eradicate racism – especially institutionalized racism, that which does not consist of laws, rules, or policies, but is implemented by the State in all its instances, every day. So, the possibility of having this instrument against the conservative attacks that the current Brazilian government is making on the Black population is very good,” Lúcia Xavier, General Coordinator, Criola. 

Carlos Quesada, Executive Director of Race and Equality, commented that in Brazil, there are many forms of racism which are hidden at first glance, but can be found in the high levels of violence facing the Black population and in unequal access to the labor market, housing, health, and education. “Given the historical circumstances of Brazil, starting with the fact that Brazil is the country with the most Afro-descendant people outside Africa and a country whose Black population faces serious discrimination and the erasure of their human rights, the ratification of this agreement opens more possibilities for tackling and undoing structural racism”, explained. 

In Brazil, structural and systematic racism is evident in the statistics regarding incarceration, poverty, and suicide among Afro-Brazilians. These outcomes reveal institutional racism throughout social and legal structures, including many public institutions that are historically rooted in efforts to maintain privileges through exclusion and marginalization. The Convention will allow activists to challenge these structures and pursue democratization of rights through public policies oriented towards social justice.

Lívia Casseres, a lawyer with the Public Defender’s Office of the State of Rio de Janeiro, was a leader in the effort to ratify the Convention. She recalls that Brazil played a leading role in urging other OAS members to draft and sign the Convention. She believes that this leadership is a testament to the work of the Afro-Brazilian movement. “It’s a Convention that attacks indirect discrimination and provides for the prohibition of public policies with discriminatory impacts,” she explained.

“We have for the first time a legal document with the capacity to face the complexity of the phenomenon of racism. It is a great advance, because it is a Convention that has much more sophisticated and refined legal elements, capable of accounting for the complexities of racism that we were unable to fully address with the legal framework that existed before ratification.” Lívia Casseres, Public Defender of the State of Rio de Janeiro.

With the Convention now ratified, Race and Equality emphasizes that the implementation of the Convention must take place in consultation with civil society. Article 15, Paragraphs 4 and 5 of the Convention call for each State Party to appoint an independent expert tasked with monitoring the commitments made in the Convention. In addition, a committee should be created to exchange ideas and review the progress made by State Parties in their implementation [3]. Consultations with civil society are an opportunity for the State to dialogue with different sectors of society, especially with the Afro-Brazilian population, so that the challenges in the fight against racism can be addressed.

Faced with this conjuncture of new possibilities to combat racism, Race and Equality celebrates the work of the Afro-Brazilian movement in the struggle for the approval and ratification of the Convention. We are committed to strengthening this movement and contributing to the anti-racism and human rights struggles of Afro-Brazilians. We recognize the great importance of this agreement for repaying the social debt owed to Afro-Brazilians and for improving the lives of Afro-descendants facing great vulnerability across the country. We recommend that the State of Brazil:

1 – Implement the articles of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance in consultation with different sectors of civil society, especially in dialogue with Afro-Brazilian movement;

2 – Formulate a plan so that the legislative, executive, and judicial branches can each implement actions for immediate compliance with the Convention;

3 – Create public policies that punish racist acts and repair structural racism with a view to promoting equality and affirmative action in the areas of ​​health, work, well-being, education, and political participation.

 

[1] https://g1.globo.com/politica/noticia/2021/02/10/senado-aprova-projeto-que-ratifica-texto-da-convencao-interamericana-erca-o-racismo.ghtml

[2] and [3] https://www.cut.org.br/system/uploads/ck/files/interamericantreatiesA-68ConvencaoInteramericanaracismoPOR.pdf

 

 

Race and Equality publishes the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” in English

The International Institute on Race, Equality and Human Rights (Race and Equality) is pleased to announce that the English version of the dossier “What is the color of the invisible? The human rights situation of the Afro-LGBTI population in Brazil” is now available on the organization’s website. Originally launched in Brazil in November 2020, the report documents human rights violations against the Brazilian Afro-LGBTI population, highlights a lack of official data on this crucial subject, and calls on Brazilian society to recognize the communities’ particular struggles and demands. The dossier features a preface written by the UN Independent Expert on Sexual Orietation and Gender Identity (IE-SOGI), Victor Madrigal-Borloz.

About the dossier:

In response to constant reports of human rights violations against Afro-LGBTI Brazilians and to a lack of data about their situation, Race and Equality conducted a thorough investigation, meeting with civil society organizations and focus groups to discuss the systematic injustices plaguing this community. The dossier includes chapters on the murders of LGBTI people, access to justice, police violence, access to health, access to education, and access to work. The dossier demonstrates that structural racism in Brazil leads to public discussions of LGBTI rights that neglect the issues of race and racism, rendering the Afro-LGBTI population invisible. As a result, systematic racism continues to produce inequalities and harm Afro-LGBTI Brazilians’ chances for a decent and dignified life.

Isaac Porto, author of the report, highlights the urgent need to incorporate race into Brazil’s dialogue on LGBTI rights. In Brazil, the national myth of “racial democracy,” which presents white Brazilians’ perspectives and values as universal, has resulted in Afro-Brazilians being silenced and marginalized in all spheres, including the LGBTI community. Porto points out that the disparities between white and Afro-Brazilian LGBTI people’s experiences become even more stark when examining the experiences of trans Brazilians. According to Porto,

“It is clear that Afro-LGBTI people are the population most impacted by murder in Brazil, are the hardest-hit by police violence, and face the greatest difficulties in accessing justice, health, education, and work. It is essential to strengthen Brazilian organizations and activists so that they can raise awareness about the human rights situation of LGBTI Brazilians and about their own work to combat the myriad and perverse violations of their rights.”

Based on the findings of Race and Equality’s research, including extensive feedback from LGBTI civil society organization, the dossier concludes with a series of recommendations for the Brazilian State, international human rights organizations, civil society, and government agencies. Among them are highlighted:

1 – Ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance and ratification of the Inter-American Convention Against All Forms of Discrimination and Intolerance.

2 – The creation of a concrete plan to combat LGBTI-phobic violence in Brazil, including an intersectional approach that will combat the racist and LGBTI-phobic violence against Afro-Brazilians.

3 – Initiatives from the Ministry of Labor to combat discrimination against Afro-LGBTI workers in hiring, promotion, pay, and working conditions.

4 – Commitments from all relevant stakeholders to support civil society organizations as they work to document the murders of LGBTI people, assurances that these organizations will not face unnecessary bureaucratic obstacles, and respect for their work from the government.

Download the dossier in English: Link

View a recording of the dossier’s launch, featuring speakers from Brazilian civil society: http://bit.ly/350lGF5

 

World AIDS Day: Race and Equality calls for Brazil and Colombia to guarantee equality in HIV treatment

This December 1, the International Institute on Race, Equality and Human Rights (Race and Equality) honors and stands in solidarity with all people living with HIV on World AIDS Day. Established by the World Health Organization (WHO) in October 1987, with support from the United Nations (UN), the date aims to raise awareness and promote dialogue on sexual rights in an inclusive and responsive way for HIV prevention. In addition, this date aims to break stigmas about the reality of people living with the virus, being a day of visibility and solidarity.

Brazil: Structural racism and LGBTIphobia as barriers in the treatment of AIDS

In Brazil, throughout the month of December, the “Red December” awareness campaign is celebrated, symbolized by a red ribbon that, globally, represents solidarity and commitment in the fight against AIDS. However, the country, that was once a world reference for the treatment of AIDS, currently faces a dismantling of the Unified Health System (SUS) accompanied by setbacks in public policies such as governmental decrees that have demoted departments dealing with the monitoring and prevention of sexually transmitted diseases, under which HIV is considered.

In its chapter on the right to health, the report “What is the color of the Invisible? The human rights situation of the Afro-LGBTI population in Brazil”, published by Race and Equality, provides data that explains the worrisome advancement of HIV / AIDS in the country [1]. As the document points out, structural racism and LGBTIphobia combined with the advancement of religious conservatism, constitute obstacles to the equal treatment of HIV for the entire population. The State’s lack of responsibility in the face of a moralistic discourse, incites society to prejudiced and LGBTIphobic practices when facing the fallacy that HIV is a virus that only infects homosexual people. As a result, any discussion on sex education was eliminated from schools.

According to the report, between 2007 and 2017, there was a 700% increase in HIV infection rates among people ages 15 to 24. This data is from the previous government, but it is known that due to the advancement of religious conservatism, currently, there are explosions of HIV cases among young people and adolescents who have not had access to the necessary public health information. Additionally, the report shows the impact of racism on healthcare and treatment, evidenced by the large discrepancy in relation to race and sex in the increase in cases of HIV infection and the development of AIDS, between 2008 and 2018.

Epidemiological data, explained by the report, shows that for both men and women, while the number of deaths from AIDS has decreased among white people, it has increased considerably among Black people. In 2018, there were 2,885 (40.3%) deaths of white men and 4,219 (59%) deaths of Black men. For women, the same differences occur. In 2008, there were 1,804 (47.4%) deaths of white women and 1,981 (52.1%) deaths of Black women. In 2018, there were 1,309 (37.7%) deaths of white women and 2,136 (61.5%) deaths of Black women.

The document criticizes the invisibility of lesbian women, transgender women, travestis and trans men in the data provided in the epidemiological bulletin. Placed within patterns of universal cis-heteronormativity, consequently, these groups no longer have public health policies that understand their real needs and, once again, are erased from the discussion and left more vulnerable.

The report reveals that, “A meta-analysis carried out based on data from 15 countries [2], estimated that 33.1% of trans women in Brazil lived with HIV, only behind Argentina (33.5%) and India (43.7% ), according to the data recorded up until 2011. That same survey pointed to the alarming estimate that trans women were 49 times more likely to contract HIV than other people.”

In this sense, the report brings to light the impact caused by structural racism and LGBTIphobia, condemning a large part of the Brazilian population to situations of extreme vulnerability in care and treatment for a dignified health condition. With this, the advancement of HIV / AIDS in Brazil again puts the country at risk of a pandemic, seeing as the dismantling of social programs essential for the maintenance of the population’s health serve as grounds for the proliferation not only of diseases, but also inequality and intolerance.

HIV/AIDS in Colombia: a success story without victories

 The annual global report from the Joint United Nations Programme on HIV / AIDS (UNAIDS), published in 2020 [3], reveals that Colombia is one of the few countries in Latin America where the rate of HIV infections has decreased in the last decade. Despite this, the general figures hide the lack of progress in serving the most vulnerable groups, seeing as high mortality rates still persist. However, there are other structural barriers that prevent these populations from accessing programs already proposed by the Government under this global strategy.

First, there is an important gap in access to health services due to the high rates of informal work and unemployment in the country which limit the possibilities of accessing services for the diagnosis of the disease, specifically for early diagnosis allowing for timely action and treatment. Today, the epidemic is concentrated in specific groups, two of which belong to the LGBTI population: “men who have sex with men”, MSM (this category includes bisexual men and men who do not declare themselves “gay”), and “trans women ”, MT (trans people who are born men and are now women). Within these groups, seropositivity levels are found to be highly elevated.

In Bogotá, the contagion rates in 2018 were around 17% (MSM) and 20% (MT). In contrast, the prevalence for the rest of the population in Bogotá is 0.5%, for those between the ages of 15 and 49 [4]. According to the Ministry of Health, at the national level, men who have sex with people of the same sex have a prevalence of HIV infection of 20.4% and transsexual women of 23.4% [5]. Despite these figures, there are no specific programs that allow these groups to access rapid tests or relevant information on them.

The second major barrier is the discrimination and prejudice that still exists around the subject. The stigma represented by HIV involves disrespectful and unnecessary inquiries about people’s sexual identity, their performance as a sex worker or about drug use. This is especially shocking if we take into account that in the main cities of Colombia, cases of contagion increased in trans women by more than 15% in 2019, among whom sex work continued to be one of the most common sources of income [6 ]. There is a negative burden associated with the disease that sends a message of death and / or undesirability to society about people living with HIV.

Just last year, the Colombian Constitutional Court eliminated the section of the penal code that criminalizes HIV transmission, noting that the law violated principles of equality and non-discrimination, considering that it discriminated against people living with the virus, stigmatizing it and limiting their rights [7]. As long as there are little to no specific programs for these populations on how to access healthcare and that work toward eliminating prejudices about the disease in general, it is clear that the fear of undergoing medical treatment and of society’s response will prevail over the search for a diagnosis.

Finally, returning to the idea that the Colombian government needs to strengthen its preventive response, it is important to understand that the phenomenon of HIV / AIDS presents itself as a serious global public health issue, in which we must not only discuss the natural context of the disease, but also a process that involves several dimensions, such as the social, economic and cultural ones.

The context of the COVID-19 pandemic has exacerbated these difficulties. Although UNAIDS recommended that all countries distribute antiretrovirals to patients for periods of three months rather than monthly, in order to prevent them from excess exposure to COVID-19 from frequent outings, Colombia did not accept this provision [8]. This decision, in addition to the difficult socioeconomic conditions that already affect the LGBTI population, currently limits the access to health services by LGBTI persons [9].

On this day, Race and Equality calls upon States throughout Latin America to guarantee racial and sexual equality in the treatment of HIV, in addition to reinforcing the urgent need for sex education campaigns, whether in school environments or in public spaces. It is necessary to break stigmas and strengthen HIV prevention so that the world is not hit by another pandemic that, as is known, can be controlled. With this, we urge States to adopt the following recommendations:

1- Carry out the recommendations of the IACHR contained in its report on Violence against LGBTI people (2015) and adopt comprehensive measures that effectively combat discrimination and violence faced by LGBTI people living in poverty and extreme poverty; [10]

2- That guidelines be developed so that medical and nursing schools address – in their curricula, research, extension groups and in their academic events – topics such as sexual orientation and gender identity, so that, from their education, health professionals better understand the specific needs of LGBTI people, in particular transgender people.

3- That measures of awareness and training of professionals working in the health area be adopted, ensuring equal treatment for LGBTI people.

 

 

[1] Report available at: http://oldrace.wp/es/es_publicaciones/

[2] Argentina, Australia, Brazil, El Salvador, Spain, United States, Netherlands, India, Indonesia, Italy, Peru, Pakistan, Thailand, Uruguay and Vietnam.

[3] Available at: https://www.unaids.org/sites/default/files/media_asset/ 2020_global-aids-report_en.pdf

[4] Available at: https://www.revistaarcadia.com/periodismo-cultural—revista-arcadia/articulo/ lgbt-political-and-the-challenge-confront-hivsida-in-colombia / 68263 /

[5] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[6] Available at: http://unradio.unal.edu.co/nc/detalle/cat/un-analisis/article/vih-en-america- latina.html

[7] Available at: https://www.corteconstitucional.gov.co/relatoria/2019/C-248-19.htm

[8] Available at: https://www.unaids.org/sites/default/files/country/documents/COL_2020_countryreport.pdf

[9] Available at: https://www.radionacional.co/noticias/comunidad-lgbti-coronavirus

[10] IACHR. Violence against LGBTI Persons. 2015, p. 227, par. 382. Available at: http://www.oas.org/en/iachr/reports/pdfs/ViolenceLGBTIPersons.pdf

Nicaraguan human rights defenders will talk in Geneva about the evolution of the crisis in their country

Seven months after the current human rights crisis started in Nicaragua as a result of the government’s repression of peaceful protests, a group of human right defenders will hold a public conversation in Geneva on November 28th with the aim of making visible the consequences and permanence of the crisis. The crisis continues now with the prohibition of civic demonstrations and the prosecution of hundreds of protestants, students and activists who have been arrested for participating in protests and are being subjected to trials in which the guarantees of due process are disregarded.

In the conversation, organized by the International Institute on Race, Equality and Human Rights (Race and Equality), the human rights defenders will describe their own experiences during the crisis and the risks they face in their daily work.

Special emphasis will be placed on the situation of injustice and defenselessness faced by populations that traditionally experience discrimination, such as women, indigenous persons, Afro-descendants and the LGBTI community. These groups have been repressed for defending democracy and demanding justice and respect for human rights.

The human right defenders will also refer to the situation faced by hundreds of political prisoners, who have reported torture and ill treatment in prisons and detention centers. According to the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), of the 602 citizens imprisoned as of November 14th for participating in the protests, 563 are men and 50 women, of which 4 are transgender women.

The image of “normality” that the Nicaraguan government intends to establish both nationally and internationally contrasts diametrically with the vision that human rights defenders will provide that day, which is that in Nicaragua “nothing is normal”, since the violations of human rights committed by the Nicaraguan authorities are systematic and remain unpunished.

Nicaragua will be evaluated by the Universal Periodic Review (UPR) in 2019. This review will offer human rights defenders, civil society organizations, and the international community an important opportunity to peacefully influence the crisis that today overwhelms the Nicaraguan people.

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