Inter-American Court of Human Rights Condemns the State of Mexico for Sexual Violence by Members of the Mexican Army, Torture, and the Death of Ernestina Ascencio Rosario

Inter-American Court of Human Rights Condemns the State of Mexico for Sexual Violence by Members of the Mexican Army, Torture, and the Death of Ernestina Ascencio Rosario

The family of Ernestina Ascencio Rosario and their representatives welcome the decision of the Inter-American Court of Human Rights (IACtHR), which, after nearly nineteen years of impunity and denial of justice by the State of Mexico, declared the State internationally responsible for the sexual violence, torture, and death of Ernestina Ascencio Rosario. Ernestina was a 73-year-old monolingual Nahua Indigenous woman who was assaulted in February 2007 by members of the Mexican Army in the Sierra de Zongolica, Veracruz.

The IACtHR’s decision is of historic significance, as it marks an important step in addressing the multiple barriers Indigenous women face in accessing justice in contexts of violence and discrimination based on ethnicity, gender, and economic exclusion. The Court held that the violations committed by the State against the victims resulted from institutional violence, structural discrimination, and the violation of the right to the truth, all of which led to impunity for those responsible. The judgment also advances the protection of older persons by recognizing that such protection is reinforced when age intersects with other factors of vulnerability, such as gender and ethnic origin, particularly in militarized contexts, where conditions of violence, exclusion, and structural discrimination are exacerbated.

In addition, the IACtHR reaffirmed the existence of structural obstacles faced by Indigenous peoples and individuals in accessing justice as a result of historical patterns of discrimination, marginalization, and social exclusion, and ordered the State to adopt measures to eliminate those barriers.

Through its systematic analysis of the factors that ensured impunity for those responsible, including public statements by high-level authorities, such as the President of Mexico, the Court made clear how State conduct perpetuated discrimination and impunity and deepened the vulnerability experienced by Ernestina and her family. Accordingly, the Court found that the State engaged in institutional violence against Ernestina Ascencio Rosario and her relatives. This approach to examining State action provides prosecutors and judicial authorities with a methodology to ensure compliance with due process guarantees and to protect victims’ rights, taking into account the specific conditions of vulnerability they face due to ethnicity, gender, and other discriminatory factors.

As a result, the Court ordered the State, among other measures of reparation, to carry out a thorough and serious criminal investigation, within a reasonable timeframe, into the sexual violence, torture, and death of Ernestina, leading to the punishment of those responsible; to adopt measures of satisfaction and rehabilitation, including providing culturally appropriate medical and psychological care to her family members; to make the judgment public and carry out a public act of acknowledgment of international responsibility; and to grant scholarships for basic, technical, and/or university education to Ernestina’s grandchildren who wish to pursue them. The Court also ordered the Mexican State to implement a training and capacity-building program for public officials on the matters addressed in the judgment; to strengthen the health center located in the Municipality of Soledad Atzompa; to adopt measures regarding health and justice with a gender-, ethnic-, and age-sensitive perspective; to address the linguistic barriers faced by Indigenous women in the State of Veracruz; and to develop a national registry of Indigenous-language interpreters. The State must report within one year on its compliance with these measures, and the Court will monitor their implementation until full compliance is achieved.

After learning of the judgment, Martha Inés Ascencio, daughter of Ernestina, stated: “I am very happy because on our own we did not know what we were going to do, and you supported us. Now, with this judgment, we know that they did listen to us. Three months before the 19th anniversary of my mother’s death, today I heard a bit of justice for what we have been fighting for, but the State still needs to comply with what it has been ordered to do.”

According to Patricia Benítez Pérez, coordinator of CESEM, “The IACtHR’s judgment honors the memory of Mrs. Ernestina Ascencio Rosario. The truth that was silenced for 19 years for the Inés Ascencio family has been vindicated before the highest court in the region, which upholds the truth and the words that Ernestina expressed during her lifetime:´Pinomeh xoxomeh nopan omotlatlamotlakeh´ (‘the men in green threw themselves on top of  me.’)”.

For Julia Marcela Suárez Cabrera, representative of AJDH, “the claim we pursued to uncover the truth about the abuses committed against Mrs. Ernestina and her family made it possible for the IACtHR to provide them with justice and to order the State to implement measures of reparation for the victims and guarantees of non-repetition that ensure the rights of Indigenous women in Mexico.”

The representatives of the victims consider that the jurisprudence issued by the Court in this case will be a fundamental tool in the fight against the structural racism that, like in this case, is manifested in the racial discrimination faced by Indigenous women and other historically discriminated groups seeking judicial protection against the violence perpetrated against them.

The judgment comes nearly two decades after the events, following an uninterrupted search for truth, justice, and reparation that yielded no results, and led the Inter-American Commission on Human Rights to submit the case to the IACtHR in 2023. The prolonged lack of adequate State responses consolidated, up to the present day, a scenario of impunity and violation of the right to the truth that the Court’s decision seeks to correct, and which reflects the State’s structural failures to fully guarantee the human rights of Indigenous women, particularly the right to a life free from violence and discrimination, the right to a dignified life, and the right to adequate guarantees of access to truth and justice.

The organizations Abogadas y Abogados para la Justicia y los Derechos Humanos (AJDH), Centro de Servicios Municipales Heriberto Jara A.C. (CESEM), Kalli Luz Marina A.C., the Coordinadora Nacional de Mujeres Indígenas (CONAMI), the Robert and Ethel Kennedy Human Rights Center, and the International Institute on Race, Equality and Human Rights, as representatives of the victims, upon being notified of the judgment, formally requested that the Mexican State propose a roadmap for the full implementation of the ruling. This provides the State with an opportunity to honor its commitment in declaring 2025 the “Year of Indigenous Women” by fully complying with the judgment without further delay.

Press Contacts:

Abogadas y Abogados para la Justicia y los Derechos Humanos (AJDH)

Press Contact: Carmen Herrera, justiciayderechoshumanos2006@gmail.com, Whatsapp: +52 55 4347 6669 

Centro de Servicios Municipales Heriberto Jara A.C. (CESEM)

Press Contact:  Alejandra Arlet García López, centrohj@gmail.com, Whatsapp: +52 228 177 3127 

Kalli Luz Marina A.C.

Press Contact: Elizabeth Guevara Mitzi, kallilegal23@gmail.com 

Coordinadora Nacional de Mujeres Indígenas (CONAMI)​

Press Contact: Patricia Torres Sandoval and Norma Don Juan Pérez,  mujeresindigenasconami@gmail.com WhatsApp: +52 55 2407 8827

Robert and Ethel Kennedy Human Rights Center

Press Contact: Angelita Baeyens, baeyens@rfkhumanrights.org

International Institute on Race, Equality and Human Rights

Press Contact: Christina M. Fetterhoff, fetterhoff@raceandequality.org 

 

Brazil’s misguided public security policy: The systemic racism behind the deadliest massacre in Rio de Janeiro’s history

Rio de Janeiro, October 29, 2025.– The police operation carried out on October 28, 2025 in the Alemão and Penha complexes, in Rio de Janeiro, with 64 people officially confirmed dead[1], was deemed the deadliest in the history of the state, surpassing in scale the Jacarezinho Massacre (2021), which resulted in 28 deaths and was, until then, the most violent action in the capital of Rio de Janeiro. The real number of victims may be even higher, with reports of locals collecting about 60 additional bodies (mostly of black people) that were not initially accounted for in the official toll.

Public security experts already classify the event as “the largest massacre in the history of Rio” and “something completely unprecedented,” which highlights the failure of a public security model based on violent confrontation. This episode is part of a tragic historical pattern of lethal violence in police operations in Brazil, which includes massacres such as those in Vigário Geral (1993, with 21 deaths) and Baixada Fluminense (2005, with 29 deaths), repeating cycles of brutality and impunity that victimize mostly young black people and residents of the peripheries.

Rio de Janeiro, in particular, has been the site of daily police operations and the impact on the city reaches all people, indiscriminately. However, it affects much more intensely the people living in the peripheries – mostly black, women and children – who are forced to cope with multiple forms of violence. The State does not have a plan to combat this violence;  the State itself is seen being one of the main protagonists in the generation of violence and deaths.

Brazil has frequently received visits from experts from the UN and other multilateral mechanisms. These experts have issued concrete reports and recommendations, which indicate ways to combat violence and, at the same time, to establish structuring public policies that, in the medium and long term, can change this scenario of ongoing civil war.

The report issued by the International Mechanism of Independent Experts for the Advancement of Racial Equality and Justice in Law Enforcement – EMLER, in October 2024, highlighted that “police culture and a public security policy based on repression, violence, and hypertoxic masculinity. In the context of police operations that seek to eliminate the public enemy (criminals), people of African descent are often unfairly associated with criminality or as collateral damage operations. The Mechanism has observed symptomatic and widespread erosion and a profound lack of trust of people of African descent in police forces, especially among marginalized communities, mainly due to historical and ongoing police violence, which creates a sense of systemic oppression aggravated by long-standing impunity for these acts.”[2]

The numbers of the operation in the Alemão and Penha complexes show – and evidence – a mistaken policy that, over the last 20 years, has proven to be inefficient in the fight against crime and has generated many deaths, indiscriminately. The EMLER mechanism also considers that a human rights-based approach to policing should be part of the strategy to reverse these gaps. A human rights-based approach to policing is a comprehensive, systematic, and institutional approach to law enforcement that conforms to international human rights standards and practices and that promotes policy and action analysis through the tripartite obligations to respect, protect, and fulfill.

Another highlight of the report is the fact that the numbers and circumstances in which people are murdered by the police in Brazil are alarming. In the last ten years, 54,175 people have been killed by police officers in the country, with more than 6,000 individuals killed every year (17 per day) in the last six years. Deaths caused by police increased significantly: from 2,212 in 2013 to 6,393 in 2023. The most recent data represents 13% of the total intentional violent deaths in the country. Of the 6,393 people killed by police in 2023, 99.3% were men; 6.7% were children between 12 and 17 years old; and 65% were young adults: 41% were between 18 and 24 years old and 23.5% between 25 and 29 years old.

There is no way to dissociate this state of violence from structural and systemic racism in Brazil. The excessive use of force, which leads to thousands of deaths every year, and excessive incarceration, which disproportionately affect people of African descent, are a consequence of systemic racism which, combined with the current policies of “war on crime”, results in a process of social cleansing that serves to exterminate sectors of society considered undesirable,  dangerous and criminal. This is a pervasive systemic issue that requires a systemic and comprehensive response.

The Institute on Race, Equality and Human Rights (Race and Equality) renounces the operation carried out by the government of the State of Rio de Janeiro on Tuesday (28), which has resulted, so far, in 64 confirmed deaths, and reinforces that the fight against organized crime must be rethought, as it has only served to generate panic and various human rights violations in favela territories,  strongly affecting the most vulnerable people, who find themselves hostages of this mistaken security policy.

 

 

[1] Bodies are left in a square in Complexo da Penha after an operation that left dozens dead in Rio. Image: Flávia Fróes/Video playback… – See more at https://noticias.uol.com.br/cotidiano/ultimas-noticias/2025/10/29/atualizacao-corpos-mortos-rio-de-janeiro.htm?cmpid=copiaecola

 

[2] Microsoft Word – A-HRC-57-71-Add-1-unofficial-Portuguese-version.docx

MUDE, a shelter threatened for defending the rights of black women and children in Palmira, Colombia

Bogotá, October 20, 2025 – On July 15, 2024, members of the Movimiento de mujeres unidas, diversas y emancipadas (MUDE, by its initials in Spanish) reported that, in the early hours of the morning, several people violently entered the house where the organization’s headquarters were located, in the municipality of Palmira, Valle del Cauca. Through their social media accounts, they made public how computers were destroyed, along with the shelter of more than 300 people, including children, adolescents, and black and diverse women from this region of Colombia who are beneficiaries of MUDE. 

That day, the women of this organization felt that the “last straw had been drawn,” after years of threats, harassment, acts of racism, transphobia, and hate campaigns spread through social media. They were left with a clear message: if they continue to do this work, their lives are in danger.

A year after the raid, the events remain unpunished and the members of MUDE continue to denounce what happened and demand recognition and guarantees of their rights in this area of the Colombian Pacific. “We continue to call on the authorities and other organizations to listen to us and respond to our demands. We want to know that we have support, that our lives matter, that people care about what happens to MUDE, to children, and to diversity,” says María Camilia Saa, a member of the organization. 

The Movimiento de mujeres unidas, diversas y emancipadas was founded in 2019 and, since then, has accompanied and transformed the lives of more than 6,000 children, adolescents, women of African descent, and diverse women, along with their families, in Palmira and other municipalities in Valle del Cauca. Sady Carreazo, another member, affirms that MUDE is a space for “collectivization.” 

“Coming together guarantees the lives of Black people; it is another way in which we can be and live in freedom. It is another opportunity to study, work, be, and express ourselves,” adds Carreazo. The organization promotes advocacy, training, and visibility strategies with an ethnic and diverse focus through art and music. One example of this is MUDE’s Agojie group, whose songs address issues such as Afro hair, feminism, and sexual and gender dissidence.

Following the attack, MUDE was forced to relocate its headquarters to another area of Palmira, while its members continue to report ongoing threats and harassment due to their diverse identities and their work defending the rights of their communities.

From the Institute on Race, Equality, and Human Rights (Race and Equality) expresses its support for MUDE and reiterates its urgent call on the competent authorities to act diligently, guarantee the protection of its members, and ensure that acts such as these do not go unpunished. Defending the lives, diversity, and leadership of Black and diverse women is an inescapable responsibility of the Colombian state.



Afro-descendant activists in the region condemn the effects of racism on Afro-descendant women

  • Five female leaders from Latin America and the Caribbean, along with Professor Justin Hansford, a member of the UN Permanent Forum on People of African Descent, participated in the discussion “Voices of the Diaspora: Women of African Descent in Resistance and Global Leadership” on September 18 in Bogotá.

Bogotá, September 22, 2025.– Within the framework of the regional consultation of the UN Permanent Forum on People of African Descent, which brought together more than 60 Afro-descendant activists from Latin America and the Caribbean, the Institute on Race, Equality and Human Rights (Race and Equality) held the discussion “Voices of the Diaspora: Women of African Descent in Resistance and Global Leadership,” which took place on Thursday, September 18 in Bogotá.

The meeting brought together women leaders from different countries in the region, who shared experiences regarding the multiple forms of violence and discrimination faced by Afro-descendant women, as well as the strategies of community building and resistance that they have implemented.

The president of the Central American Black Organization (ONECA), Afrohonduran Mirtha Colón, highlighted the significance of strengthening cultural identity among members of the younger generation. The coordinator of the Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women, Afrobolivian Paola Yañez, emphasized that “we cannot talk about racism without talking about sexism, because they are so intertwined.” Meanwhile, Afromexican Teresa Mojica, president of the Petra Morga Afro-Mexican Foundation, called for the promotion of an Afro-descendant, Afro-centered, intersectional, and decolonial agenda. 

Afrodominican María Bizenny Martínez, coordinator of the Department of Human Rights and Political Advocacy at MOSCTHA, denounced discrimination and xenophobia toward the Haitian population, especially women. Meanwhile, Afrocolombian Luz Marina Becerra Panesso, legal representative of the Coordination of Displaced Afro-Colombian Women in Resistance (La Comadre), noted that the armed conflict in Colombia has exacerbated the vulnerability of Afro-Colombian women, many of whom remain silent out of fear.

After listening to the leaders, Professor Justin Hansford, member of the UN Permanent Forum on People of African Descent, highlighted the situation of Afro-Colombian women in Latin America and reiterated some of the recommendations raised by the activists during the discussion.

This dialogue offered a platform for collective construction and exchange, in which the voices of Afro-descendant women from the region and the diaspora illustrated the various ways in which racism and sexism affect their lives and reaffirmed their central role in the defense of rights and social development. It also served as a prelude for the activists, who also participated in the regional consultation of the UN Permanent Forum on People of African Descent, which was conducted on September 19 at the Colombian Foreign Ministry. They highlighted the need to visualize the reality of Afro-descendant women within the draft declaration, which is currently being developed by some members of the Forum.

Race and Equality remains committed to the promotion of initiatives and spaces that facilitate these types of meetings. Our objective is to continue to denounce the human rights violations experienced by Afro-descendant individuals in the region and to contribute to a world in which the dignity of all individuals is honored and all individuals have the opportunity to fully reach their potential.

United Nations Permanent Forum on People of African Descent to hold regional consultation in Bogotá

Bogotá, September 16, 2025. This Friday, September 19, the United Nations Permanent Forum on People of African Descent will hold a regional consultation for Spanish-speaking Latin America, a space that is part of the process of drafting the future United Nations Declaration on the respect, protection, and fulfillment of the human rights of people of African descent.

This meeting, which will begin at 9 a.m. at the headquarters of the Colombian Ministry of Foreign Affairs and will bring together more than 60 leaders, is part of the regional consultations being conducted by the Permanent Forum in different parts of the world to gather input and ensure that the voices of Afro-descendant communities are taken into account in the drafting of the Declaration. The meeting in Bogotá will be the second regional consultation, following the one held in December 2024 in Barbados, which focused on the Caribbean.

According to the Economic Commission for Latin America and the Caribbean (ECLAC), around 200 million people of African descent live in the region, equivalent to 30% of the total population. However, structural barriers persist that limit their access to justice, political participation, education, health, and decent employment. These gaps are even greater in the case of women of African descent, who face the intersectional effects of racism and sexism. The regional consultation in Bogotá, aimed at Afro-descendant communities in Spanish-speaking Latin American countries, seeks to generate an assessment of the multiple forms of discrimination and structural racism in the region, while consolidating proposals to strengthen the draft Declaration.

The event, which will take the form of a broad and participatory dialogue, will focus on priority issues identified by the Permanent Forum, including: the recognition and addressing of systemic and structural racism; restorative justice in the face of the legacies of colonialism, slavery, apartheid, and genocide; the collective rights of Afro-descendant peoples; sustainable development and the reduction of inequalities; as well as urgent and emerging human rights issues, such as the impact of artificial intelligence, climate change, environmental injustice, and the need to reform the international economic order.

The Institute on Race, Equality, and Human Rights (Race and Equality) supports the participation of prominent women leaders from the region, who will contribute their experiences and expertise to the discussion. Among them are: Paola Yánez from Bolivia, coordinator of the Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women; Mirtha Colón from Honduras, president of the Central American Black Organization (ONECA); María Bizenny Martínez from the Dominican Republic, coordinator of the Human Rights and Political Advocacy Department at MOSCTHA; Luz Marina Becerra Panesso from Colombia, legal representative of the Coordination of Displaced Afro-Colombian Women in Resistance (La Comadre); and Teresa Mojica from Mexico, president of the Petra Morga Afro-Mexican Foundation. Their participation will raise awareness of the specific realities faced by women of African descent in the face of racial violence, forced displacement, and exclusion.

Voices of the diaspora: Women of African descent in resistance and global leadership

As a prelude to the consultation, on Thursday, September 18, at 4:00 p.m., at the Hotel Suite Jones (Chapinero, Bogotá), a dialogue will be held entitled Voices of the Diaspora: Women of African Descent in Resistance and Global Leadership. This meeting will feature the participation of the aforementioned leaders and Professor Justin Hasford, a member of the UN Permanent Forum on People of African Descent, whose career in the United States and involvement with Afro-descendant movements in the diaspora will allow for a comparative analysis between Latin America and the Global North.

The event, organized by Raza e Igualdad, will have simultaneous English-Spanish interpretation and seeks to consolidate a space for exchange and collective construction, strengthening the link between the historical struggles of Afro-descendant communities in Latin America and those that are developing in other international contexts.



The UN Releases Letter Demanding Information from the Brazilian Government Regarding the Case of Sônia Maria de Jesus 

  • Sônia Maria de Jesus, a Black woman with multiple disabilities, was subjected to decades of domestic servitude by a family with ties to the judiciary. 
  • Four UN Special Rapporteurs and a Working Group sent an official communication to the Brazilian government expressing serious concern over the case, urging immediate action to prevent Sônia’s revictimization and to ensure her rights are upheld. 
  • In late 2024, representatives of Sônia’s family, along with CPT, CEJIL and the Institute on Race, Equality and Human Rights, brought her case to the United Nations, calling for justice and guarantees of non-repetition. 

Rio de Janeiro, Brazil — April XX, 2025. Four UN Special Rapporteurs have requested clarification and an official response from the Brazilian government regarding the case of Sônia Maria de Jesus — a Black woman with multiple disabilities and who is illiterate — who was subjected to conditions akin to modern-day slavery from childhood by a family in the state of Santa Catarina, one of whose members is a judge. 

The UN officials — focused on human trafficking, the rights of persons with disabilities, contemporary forms of racism and racial discrimination, and modern forms of slavery — along with the UN Working Group on Discrimination Against Women and Girls, made public their letter to the Brazilian government. The letter expresses concern over the reported violations, the ongoing risk of revictimization, and the dangerous precedent this case may set. 

The rapporteurs emphasized that the reported facts suggest violations of multiple rights protected under various international treaties. They also highlighted their deep concern over a judicial ruling that ordered Sônia’s return to the same residence where she had allegedly been enslaved — a decision that contradicts both national and international victim protection protocols and risks further revictimization. 

In addition to requesting information, the UN urged the Brazilian government to outline the steps it has taken to protect the human rights of Sônia and her family, to investigate the alleged violations, and to strengthen public policies to combat modern slavery and human trafficking — particularly in domestic work and in cases involving people in heightened situations of vulnerability, such as Black women and persons with disabilities. 

“For us, Sônia’s siblings, it is both a relief and encouraging to see that at least one institution has shown sensitivity and taken a stand,” said Marta de Jesus, Sônia’s sister. “The Brazilian judiciary has failed to respond properly to Sônia’s case or to ours. We are being denied the right to family life, and the courts fail to see how she could be welcomed and rebuild her life with us.” 

In 1982, Sônia was taken to live with a judge’s family in Santa Catarina under the premise of protection, but she was later moved to another state without her biological family’s knowledge. For decades, she was exploited without a formal work record, access to education, or adequate medical care. Her ability to communicate was severely hindered due to a lack of proper stimulation. In 2023, Sônia was rescued following an anonymous report — but her freedom was short-lived. Brazil’s Superior Court of Justice ruled for her return to the home where she had been exploited. Her siblings only learned of her whereabouts after her rescue and have since been denied full contact with her. 

At the end of 2024, Sônia’s family and the organizations CPT, CEJIL, the Institute on Race, Equality and Human Rights, and the Black Lives with Disabilities Matter Movement submitted a formal communication to the UN outlining the violations and requesting action from the Brazilian government. 

While awaiting a response, the UN rapporteurs and working group emphasized the urgency for Brazil to take all necessary steps to stop the violations, prevent their recurrence, and ensure accountability. They also indicated the possibility of publicly expressing their concerns, stressing that this is an issue that demands immediate attention and that the public must be informed of its implications. 

Second Decade for People of African Descent: It Is Time for States to Ratify the Inter-American Convention against Racism 

Washington, D.C., March 21, 2025.– Commemorating yet another year of the International Day for the Elimination of Racial Discrimination leads us to reflect on the events that gave rise to this date, but also on the persistence of this evil and the steps that are necessary to combat and eradicate it, such as the ratification and implementation of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (ICRIID). 

On March 21, 1960, 20,000 black people in South Africa protested against a law restricting their movements, leading to the Sharpeville massacre, in which 69 people were killed. In memory of the victims, the United Nations (UN) designated this date as the International Day for the Elimination of Racial Discrimination.  

More than seven decades later, structural racism continues to affect people of African descent and Indigenous peoples in Latin America and the Caribbean, resulting in precarious access to education, housing, and work. This is compounded by disproportionate violence by law enforcement and illegal groups. 

For example, data from the 2024 Atlas of Violence show that in Brazil, in 2022, 66.4% of murdered women were black, with a total of 2,526 victims, and 76.5% of registered homicides were of black people.  

Meanwhile, in Cuba, extreme poverty mainly affects people of African descent, according to a study conducted between May and June 2024 by the Cuban Observatory of Human Rights (OCDH), which details that “of the total sample (1,148 surveys), 61% said they had problems to buy the most essential things to survive, while in the Afro-Cuban population the figure stands at 68%”. 

A Key Opportunity to Combat Racism 

On December 17, 2024, the United Nations proclaimed the Second International Decade for People of African Descent. This marks a key opportunity for the Americas to promote concrete actions to combat the legacies of structural racism, slavery, and colonialism. The success of this initiative will depend on the political will of the States, something that was evident during the First Decade (2015-2024), where, despite significant progress, the lack of commitment of governments prevented transformative change. 

Barbara Reynolds, chair of the UN Working Group of Experts on People of African Descent (WGEPAD), was clear that the first Decade “raised awareness of anti-black racism but lacked sufficient political will and investment by Member States”. 

In Latin America and the Caribbean, structural inequalities continue to disproportionately affect Afro-descendant and indigenous communities. Education, health, housing, access to economic opportunities and political representation remain significant barriers. In addition, these populations face compounded vulnerabilities due to the climate crisis, digital exclusion and environmental injustice. 

In this context, if the States really want to eradicate racism in the region, a fundamental step is the ratification of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (ICRIID). 

CIRDI: A Pending Commitment 

CIRDI, adopted by the Organization of American States (OAS) in 2013, is a crucial legal instrument for combating racism in the region. However, few countries have ratified it, leaving millions of Afro-descendants and indigenous people without effective protection against racial discrimination. 

Let us recall that ICRIID establishes clear obligations for States, including: the development of public policies to eliminate racial discrimination, the promotion of equal opportunities for Afro-descendant and indigenous communities, the strengthening of justice systems to avoid the disproportionate criminalization of these populations, and the protection of Afro-descendant human rights defenders, among others. 

Despite its importance, lack of political will remains the greatest obstacle. While some countries have taken significant steps with affirmative action laws and racial equity offices, the absence of a binding regional framework prevents sustainable and coordinated progress. 

The New Decade: A Turning Point 

The Second International Decade for People of African Descent cannot repeat the mistakes of the first. To ensure real structural change, Race and Equality believes that States must: 

  1. Ratify and implement ICRIID. Symbolic speeches and commitments are not enough; it is necessary for countries to incorporate its principles into their national legislation.
  2. Design national action plans with the participation of civil society. Without their voice, policies will continue to ignore the real needs of people of African descent and indigenous peoples. 
  3. Collect disaggregated data on the socioeconomic situation of the Afro-descendant population and indigenous peoples. Without accurate figures, there is no way to design effective policies.
  4. Implement affirmative actions in education and employment. 
  5. Protect Afro-descendant and indigenous human rights defenders. Their work in defense of their territories and environmental justice exposes them to constant risks.
  6. Comply with the recommendations of the Inter-American Human Rights System. The Inter-American Commission on Human Rights (IACHR) has issued key reports on racism in the region, but few States have taken action.

A Call to Action 

Racism and racial discrimination are not abstract concepts, but daily realities for millions of Afro-descendants and indigenous people in the Americas. Combating this injustice requires more than good intentions; it requires concrete political decisions, starting with the ratification of CIRDI. 

Latin America and the Caribbean must lead this fight. There are no excuses for further delaying the adoption of this fundamental treaty. It is time to act. 

The Inter-American Court of Human Rights will judge the Mexican State in the case of Mrs. Ernestina Ascencio Rosario

Mexico City, January 28, 2025.– On January 30, 2025, the Inter-American Court of Human Rights will hold a public hearing in the case of Ernestina Ascencio Rosario v. Mexico. A 73-year-old Nahua woman from the Sierra de Zongolica, Veracruz,  Ernestina died in 2007 after being attacked by members of the Mexican Army and being the victim of serious violations of her human rights, including sexual violence, racial discrimination, omissions, and undue intervention by the highest authorities of the State.

In the hearing, the Inter-American Court will judge the sexual violence and torture that members of the Mexican Army perpetrated against Ms. Ernestina Ascencio, resulting in her death due to the state’s failure to guarantee adequate and timely medical attention that could have saved her life. The Court will also judge the State for the feminicidal racial discrimination exercised against her because she was a woman, an impoverished Nahua Indigenous woman, monolingual, and an elderly person. The state authorities not only ignored her testimony about the sexual assault because it was in her language, which led to the dismissal of key evidence to clarify the facts and the diversion and improper filing of her investigation; they also attempted to thwart her family’s search for justice, resorting to her kidnapping to prevent them from challenging the decision. Likewise, the Court will judge the concealment of public information to ensure the impunity of the perpetrators. 

All the facts of this case took place in a more general context of patriarchal racism, of lack of effective guarantee of the rights of women and Indigenous peoples, and of a system of justice and access to public information subject to discretionary application and seriously weakened.

We, the local and regional organizations litigating the case alongside the relatives of Ms. Ernestina, invite you to follow this historic hearing that seeks justice and reparation for her and her family and that focuses on the struggle of Indigenous women against violence and racial discrimination, as well as the absence of full guarantees for the exercise of the right to truth and justice in the country.

Details of the hearing:

  • Date: January 30, 2025
  • Time: 9:00 AM CST
  • Location: San José, Costa Rica (live broadcast available on the Court’s YouTube channel and Facebook page

#JusticeForErnestina

Petitioning organizations

The case has been promoted by organizations committed to human rights and justice for Indigenous women, including:

 

Please contact for more information:

1.Angelita Baeyens 

RFK Human Rights

baeyens@rfkhumanrights.org 

2.Patricia Torres 

CONAMI

+524432734950 

ptorressandoval8@gmail.com

3.Arlet Garcia

CESEM 

centrohj@gmail.com 

In the face of the rise of the extreme right in Latin America and the Caribbean, Afro-Latino, Indigenous and LGBTI+ leaders held advocacy meetings in Washington D.C.

Washington D.C., October 16, 2024 – In the face of the growing influence of far-right movements and the worrying advance of racist and xenophobic agendas in Latin America and the Caribbean, a delegation of Afro-Latino, Indigenous, and LGBTI+ leaders, led by the Institute on Race, Equality, and Human Rights (Race and Equality), held key advocacy meetings in Washington D.C. with the U.S. Congress, the Department of State and the Inter-American Commission on Human Rights. During these meetings, the delegation presented critical perspectives on problems such as racial and gender discrimination, police brutality and the systematic lack of access to essential services such as health and education. 

The delegation also presented recommendations to promote the formulation and integration of more inclusive and equitable policies in key frameworks such as the Joint Plan of Action for Racial and Ethnic Equality (JAPER), the Plan for the Elimination of Racial Discrimination in the Americas (CAPREE), and the North American Declaration of Partnership for Racial Equity and Justice.  

During the meetings, Mauricio Ye’kwana, Executive Director of Hutukara, addressed the crisis of violence facing indigenous territories in Brazil, highlighting the constant threats arising from illegal mining exploitation and the lack of government recognition of their ancestral lands. Ye’kwana pointed to the government’s neglect to protect them and the impunity surrounding the killings of indigenous leaders. He also warned about the concerning recruitment of indigenous youth into armed groups, which weakens community unity. In addition, he made an urgent call for indigenous representation in international forums such as the COP, emphasizing the need to recognize their rights, both individual and collective, in the defense of territory and the environment. 

Bruna Benevides, President of the National Association of Transvestites and Transsexuals (ANTRA), of Brazil, exposed the human rights violations faced by trans women, especially black trans women. Benevides noted that the racial component of transfemicide is deeply rooted in Brazilian society, and that black trans women are disproportionately affected by violence and exclusion. Benevides also emphasized the lack of representation of trans people in anti-racist movements and that the invisibilization of their issues within LGBTQ+ spaces is a key concern.  

For her part, Lucía Xavier, Executive Director of CRIOLA (Brazil) warned about a conservative wave that has spread through Brazil and that significantly increased violence against black women, both cis and trans, who face multiple barriers to accessing basic resources due to discriminatory financing policies. Xavier called for greater political representation of Black women, as well as effective public policies that protect their rights and promote their well-being. 

María Martínez, of the Socio-Cultural Movement of Haitian Workers (MOSCTHA), denounced the constant threat of expulsion and police brutality suffered by Haitian migrants in the Dominican Republic. The Dominican government’s recent policy of deporting 10,000 Haitians per week has exacerbated the discrimination and structural racism already suffered by these communities, with Haitian women being particularly vulnerable to gender-based violence. Martínez also explained that the lack of civil recognition and the situation of statelessness exclude these people from access to basic services such as health and education.  

Erlendy Cuero, vice president of the National Association of Displaced Afro-Colombians (AFRODES) of Colombia, warned about the difficult situation of Afro-descendant youth in Colombia, particularly affected by violence and armed conflict. Racial discrimination by security forces has resulted in an alarming increase in homicides and enforced disappearances of young Afro-Colombians, who are frequently stigmatized and treated as suspects only because of their skin color.  

Sandra Arizabaleta, Director of the Afro-descendant Foundation for Social and Sexual Diversities “Somos Identidad” (Colombia) explained how political polarization in Colombia has exacerbated violence and discrimination against Afro-descendant and LGBTI+ people. For Arizabaleta, it is urgent to create public policies that effectively address the intersectionality between race, gender, and sexual orientation, something that is currently absent in Colombian political discourse. She also denounced the violence that still persists on the part of armed groups against these vulnerable populations. 

Cecilia Ramírez, Executive Director of the Center for the Development of Peruvian Black Women (CEDEMUNEP), Peru explained that the Afro-Peruvian development plan, which was designed to improve the conditions of these communities, has stalled due to a lack of financial resources and technical support. Ramírez also emphasized how structural racism continues to be an obstacle to the social and economic progress of people of African descent in Peru, who continue to have the worst socioeconomic indicators. She proposed the implementation of ethnic quotas to ensure the political representation of Afro-descendants and indigenous people, and emphasized the need for more inclusive self-identification processes that consider both gender and ethnicity. 

Patricia Torres Sandoval, Representative of the Continental Link of Indigenous Women of the Americas (ECMIA), focused her intervention on violence against indigenous women and girls, emphasizing how this situation is aggravated by the structural violence that comes from racism, poverty and colonialism. She also underscored the devastating impact of extractive activities in the region, which not only cause environmental destruction, but also deepen poverty and social exclusion of indigenous communities, intensifying violence against women. Torres stressed that the lack of political will and the ineffective implementation of international agreements contribute to the marginalization and exclusion of these communities, which requires urgent and sustained attention. 

Finally, the leaders presented a series of key recommendations to the authorities, focused on strengthening representation, promoting inclusive policies and ensuring accountability: 

  • Fund programs that promote the leadership and political participation among Afro-Latino, Indigenous, and LGBTQ+ communities in Latin America and the Caribbean. 
  • Urge Latin American and Caribbean governments to adopt legislation that protects marginalized communities while promoting anti-racist and anti-discrimination policies based on SOGIESC, incorporating an intersectional approach. 
  • Implement effectively bilateral and trilateral agreements focused on addressing violence against marginalized populations, including Indigenous and Black women, like JAPER, CAPREE and North American Declaration on Partnership for Equity and Racial Justice. 
  • Facilitate dialogue between governments and civil society to improve transparency in human rights monitoring and ensure accountability for those responsible for human rights abuses.

Race and Equality strongly supports these recommendations and reaffirms its commitment to continue accompanying these leaders in promoting their voices before government agencies and other advocacy spaces. It will also continue to work on documenting human rights violations and building proposals that foster more inclusive, equitable, and respectful societies. 

 

Visit of the UN Rapporteur on Racism to Brazil: Systemic racism and violence against women from racial and ethnic groups are the highlights of her report

Brazil, September 02, 2024 – “Systemic racism demands systemic responses.” This approach was emphasized by Ashiwini K.P., United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, during her press conference where she presented the preliminary conclusions following her visit to Brazil. Between August 5 and 16, the Rapporteur visited Brasília, Salvador, São Luís, São Paulo, Florianópolis, and Rio de Janeiro, where she met with authorities of the Federal Executive Branch and state governments, as well as with various Black, Indigenous, Quilombola, and Roma organizations.

In preparation for the visit, the Institute on Race, Equality and Human Rights (Race and Equality), together with the Institute for Development and Human Rights (IDDH), organized a virtual training with civil society organizations to support them in preparing documents with recommendations that would be delivered to the Rapporteur. In addition, the scope and objectives of the visit were presented in the training to guide them in dialogue and advocacy actions before this UN special procedure.

“The visit of the Rapporteur on racism takes place at an important moment for the country, after all, we are in an election year and advocating for intersectional public policies. From our perspective, we highlight the importance of providing Brazilian organizations with a relationship between the UN and the government, because based on the report that will be presented, the State must commit to implementing reparations in matters of racism”; highlights Rodnei Jericó da Silva, Director of Race and Equality in Brazil.

 Preliminary Findings: Highlights

Race and Equality presents some of the key points of the preliminary conclusions highlighted by the Rapporteur regarding her experience in the country, which will be presented in the final report to the United Nations Human Rights Council in June 2025. This report will be delivered to the Brazilian government, which, as a member state of the UN, accepted the official visit as a way of evaluating its public policies.

In this sense, Ashiwini K.P. stressed that she identified positive points in some government actions, such as the recognition of racism as a systemic phenomenon; the creation of the Ministry of Racial Equality, the Ministry of Indigenous Peoples, and the Secretariat of Roma Peoples, within the Ministry of Racial Equality; sound affirmative policy proposals; and the existence of a health unit in Bahia for the treatment of sickle cell anemia. However, the Rapporteur emphasized that governmental progress is advancing slowly, since, recognizing that the colonialist past generates an exclusion of groups marked by structural violence, Brazil must adopt a systemic approach to guarantee restorative justice.

The lack of disaggregated data is a major issue identified by the Special Rapporteur, particularly the absence of data on Roma people, LGBTI+ people, migrants, refugees, and people with disabilities, who face multiple intersecting forms of discrimination. She also points to the growth of neo-Nazi groups, especially in Santa Catarina, where she mentioned that there is an erasure of data on the issue. Furthermore, she emphasized that Brazil must ensure that research and public policies are supported by and created through consultation with groups in vulnerable situations.

Thus, its proposals include the establishment of an independent national human rights institution following the principles on the status of national institutions for the promotion and protection of human rights (the Paris Principles), to monitor and implement anti-racist policies.

The Rapporteur emphasized that the indigenous and quilombola communities have faced numerous setbacks by the National Congress. In her criticisms, she highlighted the slowness of the State in the process of territorial demarcation of these communities; the seriousness of the time-frame thesis; environmental racism as a driver of exclusion and vulnerability; and the neglect of the health of these populations in the face of the advance of illegal mining (pesticides and urban diseases). She also expressed concern about the violence suffered by indigenous peoples and quilombolas, highlighting the recent Guaraní-Kaiowá case, in Mato Grosso do Sul, and other conflicts in Bahia. Therefore, the Rapporteur urged the Government to take an urgent position in the face of intimidation against indigenous peoples and quilombolas, warning of the seriousness of the resulting environmental violence, and that more forceful actions must be taken, in addition to emphasizing Brazil’s international commitment to Convention 169 of the International Labor Organization (ILO).

“A coordinated national plan for indigenous and quilombola affairs is necessary, as the protection of their lands is essential to address the climate crisis,” said Ashiwini K.P.

The understanding of religious racism as a practice that persecutes and reproduces violence against practitioners of African-based religions was one of the highlights of her conclusions. In this regard, the Rapporteur cited cases that came to her through civil society, such as private transport that refuses to take people in their religious clothing, the loss of custody of children by Axé women, and physical attacks organized against terreiros. In her opinion, she stressed that the State allows this type of misogynistic and racist practices and suggested that the government create a protection program to face this problem.

“Even if Dial 100 exists, the lack of investment by the state sends a message of impunity and that the government will not take any action against religious racism,” she said.

Regarding the situation of human rights defenders, the Rapporteur expressed her dismay at the seriousness of the threats and police brutality to which these groups are exposed. Although she acknowledged the importance of the creation of the Sales Pimenta Technical Working Group, to develop proposals for the National Policy and Plan for the Protection of Human Rights Defenders, she highlighted the lack of resources for human rights and the effectiveness of those policies that already exist. In this way, she urged Brazil to implement the actions recommended by the United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor, after she visited Brazil in April of this year.

Given the situation of black women and gender/sexual intersectionality, such as with LBT women, the Rapporteur emphasized the issues of precarious access to the health system and obstetric violence, the issue of domestic workers, sexual violence, and femicide that disproportionately impacts these women, with which she pondered the need for psychological guidance as a government public policy. The Rapporteur expressed great concern about the data presented that show that black women are more exposed to femicide, highlighting the violence that occurs against black lesbian and trans women. In addition, the criminalization of abortion was noted in their evaluation, in addition to the barriers faced by women who seek even legal abortion, in accordance with the Penal Code. In this regard, she emphasized her concern about the Constitutional Amendment Proposal 1904/2024, which increases the penalties for women who have abortions to up to 20 years in prison. At this point, the importance of the Government implementing the recommendations of the CEDAW Committee, which evaluated Brazil this year, to decriminalize abortion and guarantee safe access for all people, respecting women’s rights and bodily autonomy, was highlighted. Regarding the care economy, she also noted the economic exploitation suffered by domestic workers.

Regarding police violence, the Rapporteur pointed out that Afro-descendant mothers who lose their sons and daughters due to police brutality, in addition to being victims, are also criminalized.  Therefore, her report will emphasize the need for more effective measures to be taken against the prison system and, while acknowledging that the use of police cameras is an important step towards an anti-racist security policy, she pointed out that there are reports that these cameras are not used and that the government is using measures of racial discrimination without scientific basis. In this way, she urged the government to create laws on the use of artificial intelligence so that it is not used in a racist way.

The Special Rapporteur also highlighted spatial segregation, especially in large urban centers, which are mostly occupied by people of African descent and have poor access to infrastructure. In addition, she highlighted the lack of support for people living on the streets.

The advance of the extreme right and the growth of neo-Nazi cells was one of the points of extreme concern of the Rapporteur, who stressed that there is a denial by the state of Santa Catarina about these groups and that affirmative policies and actions must be implemented to strengthen local legislation to combat denialism. From this perspective, she also highlighted her concern about the lack of efforts of the Brazilian legislature in the face of bills that seek to roll back some of the rights already achieved.

Finally, she expressed concern about the growth of gender-based political violence and hate speech and urged the government to take careful measures in this area. She stressed that the low representation of vulnerable groups in decision-making spaces reflects systemic racism. In addition, this lack of representativeness can also be seen within the Judiciary.

Race and Equality thanks Ashiwini K.P. for her support and interest in the Rapporteurship’s commitment to promoting anti-racist and racial justice actions in Brazil. We highlight the importance of the recognition of religious racism as a discriminatory practice before an international human rights mechanism. We continue to fight for the defense and guarantee of human rights to confront the inequalities created by the racist system. The Brazilian State must commit itself to the demands for justice and equity of its population. A government whose proposal is “Union and Reconstruction” must have historical reparation as a priority.

Finally, we share some of the recommendations submitted to the Office of the Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance by Brazilian organizations:

  • Improvement of public policies for access to legal aid and support services for victims of domestic and familial violence, based on a survey of cases registered in recent years, to support and protect women victims of violence and racism (especially religious racism); among other actions, based on the collaboration of feminist groups, religious leaders, public managers, and experts on the subject.
  • Demand the implementation of the National Health Policy for the LGBTI+ Population through the creation of specialized health teams to meet the highly complex demands in the health of lesbian women;
  • Recommend that the Brazilian State effectively address all barriers to justice faced by victims of racist crimes by speeding up prosecutions, revising evidence standards to strengthen accountability for discriminatory acts, and monitoring racial disparities in access to justice, especially for Afro-descendant women and LGBTI+ people.
  • To ask the Brazilian State to seek to adequately implement reparation measures for victims and family members affected by State violence, which should include psychological support, medical assistance, and financial compensation, in addition to others that may be necessary in the analysis of the specific case.
  • Ensure that the Brazilian State also complies with the recommendations prepared by the Committees on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women, treaty bodies that recently examined the country and noted similar concerns.
  • To recommend the political participation of indigenous peoples and quilombola communities in the development of public policies that affect their territories and in policies for the defense of the environment. In addition, the Brazilian State must guarantee the demarcation and titling of quilombola and indigenous lands, in addition to rejecting the thesis of the Time-Frame Framework.

 

 

 

 

 

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