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.

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.

 

 

 

 

 

OAS General Assembly: Race and Equality to dialogue with civil society and experts on racial discrimination, gender-based violence and hemispheric security

Washington D.C., June 14, 2024 – Ahead of the 54th session of the General Assembly of the Organization of American States (OAS), the Institute on Race, Equality and Human Rights (Race & Equality) is reaffirming its commitment to the defense of human rights in the region by holding three parallel events. The first event, the Inter-American Forum against Discrimination, which has been part of the institutional calendar since 2005, will bring together leaders from different countries for a dialogue on reparations and the main demands of the Afro-descendant, indigenous and LGBTI+ population. The second event will address the human rights crisis in Nicaragua and international financial support; and the third event, coordinated by the Latin American Human Rights Consortium, will bring together key actors from different countries to discuss human rights as a pillar of hemispheric security in the Americas. 

The OAS General Assembly will be held from June 26 to 28 at Conmebol, located in the city of Asuncion, Paraguay, under the theme “Integration and Security for the Sustainable Development of the Region”. For Raza e Igualdad, the OAS General Assembly is a space for broad dialogue and exchange of best practices of civil society in the region, as well as an opportunity to strengthen its demands by listening to delegations from Member States and its Secretariat. In this way, the parallel events achieve the purpose of effective political advocacy before this international human rights mechanism. 

Inter-American Forum against Discrimination

This year, the Inter-American Forum against Discrimination will be held on Tuesday, June 25, and will consist of four sections with the following themes: “The role of human rights protection systems in the reparation of different groups discriminated against in the region”; “Experiences of reparation in the region and its scope in relation to racialized, mobile or displaced groups, sexual, religious, linguistic, political minorities, among others”; “Reparation in the context of gender”; and, finally, the section “The ethnic population and the 54th Regular Session of the OAS General Assembly”.

The opening panel of the Forum will feature Gloria De Mees, OAS Rapporteur on the Rights of People of African Descent and against Racial Discrimination. In the following panels, leaders from the region will join the debate with information about their contexts and their struggles for reparations, restitution and guarantees of non-repetition. In addition, in the context of gender reparations, several activists will present and discuss the implications of the general recommendation of the Follow-up Mechanism of the Belém do Pará Convention (MESECVI) on Afro-descendant women. 

The annual Forum will also discuss the strengthening of the Afrodescendant Coalition of the Americas and the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI). 

To participate, register here: https://tinyurl.com/2fx7uc29  

***

International financial support to Nicaragua despite democratic and human rights crisis

On Tuesday afternoon, June 25, Raza e Igualdad will bring together experts from the OAS, academia and civil society to discuss the responsibility of International Financial Institutions (IFIs) in relation to crimes against humanity and human rights violations in Nicaragua. It will also analyze the strategic relevance of these institutions in the use of human rights due diligence to address the negative impacts of their development projects. 

In a regime historically marked by systematic human rights violations, the continuity of international financial support brings to light several questions from civil society. From 2018 to the present, the authoritarian regime of Daniel Ortega, Rosario Murillo and their followers have carried out widespread and systematic attacks against the Nicaraguan civilian population in opposition for political reasons. Since 2021, the democratic and human rights crisis has significantly worsened. On February 9, 2023, 222 people were released from prison, then banished to the United States and arbitrarily stripped of their nationality and citizenship rights. Among the most vulnerable groups are human rights defenders, journalists, religious leaders, women, indigenous and Afro-descendant peoples, and LGBTI+ people.

However, the abundant evidence of the democratic and human rights crisis in Nicaragua was not enough for the International Financial Institutions to decide to change their strategy towards the country, strengthen their human rights due diligence, or suspend and/or cancel the implementation of their projects in the country. In February 2024, the World Bank Group, the International Monetary Fund, the Inter-American Development Bank Group and the Central American Bank for Economic Integration supported 97 projects in the execution phase in Nicaragua, with the approval of US$5,082.43 million, according to information available on their websites. Of these, 57 projects were approved for a total of US$2,784.43 million, following the onset of the crisis in 2018.

To participate, register here: https://tinyurl.com/57r4b22m

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Human Rights as a Pillar of Hemispheric Security in the Americas

The Latin American Human Rights Consortium – formed by Race & Equality, Freedom House and the Pan American Development Foundation (PADF) – will hold the event “Human Rights as a Pillar of Hemispheric Security in the Americas” on Wednesday, June 26. This event aims to highlight human rights violations in Cuba, Nicaragua, El Salvador and Venezuela as a driver of the debate on security in the region. In these countries with insecure and repressive contexts, inequalities are generated in terms of freedom and security with a differential effect on the most vulnerable groups, such as Afro-descendants, women, children, LGBTI+ population and people deprived of liberty for political reasons.

Thus, new concerns and challenges, including the political, social, economic, environmental and human rights situation of OAS Member States, have led this organization to redefine its understanding of hemispheric security. Thus, on October 28, 2003, the States of the Americas promulgated the “Declaration on Security in the Americas”, proposing a new concept of multidimensional security that recognizes that the objective of hemispheric security is the “protection of human beings”.

In its declaration, the OAS considered that “representative democracy is an indispensable condition for the stability, peace and development of the States of the Hemisphere” and that it is “the responsibility of the specialized forums of the OAS, as well as inter-American and international forums, to develop cooperation mechanisms to confront these new threats on the basis of the applicable instruments”. 

In this context, the Special Rapporteur for Freedom of Expression of the IACHR, Pedro Vaca; the Deputy Director of the Program for Latin America and the Caribbean of Freedom House, Alejandra Argueta; the lawyer of the organization Cubalex, Alain Espinoza; the legal professional of the Legal Defense Unit of Nicaragua, Arlette Serrano; the Venezuelan journalist from Voces de la Memoria, Victor Navarro; and the co-founder of the association Tracoda (Transparency, Social Controllership, Open Data) from El Salvador, Luis Villatoro, will discuss strategies to strengthen the security and protection of the population and human rights defenders, among the current challenges faced by authoritarian regimes in the Americas. 

To participate, register here: https://tinyurl.com/537cdu3w  

 

More information about the events 

Inter-American Forum against Discrimination

Date and time: Tuesday, June 25, 9:00 a.m. – 12:30 p.m. (Asunción and Washington D.C.) / 10 a.m. – 1:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Aviadores del Chaco avenue

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/2fx7uc29  

Simultaneous interpretation in Spanish, Portuguese and English.

 

International financial support to Nicaragua despite democratic and human rights crisis

Date and time: Tuesday, June 25th, 5:00 p.m. – 7:30 p.m. (Asuncion and Washington D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/57r4b22m  

Simultaneous interpretation in Spanish, Portuguese and English.

 

Human Rights as a Pillar of Hemispheric Security in the Americas

Date and time: Wednesday, June 26th, 5:00 p.m. – 7:30 p.m. (Asunción and Washington, D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Hotel Esplendor, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/537cdu3w 

Simultaneous interpretation in Spanish, Portuguese and English.

On the International Day for the Elimination of Racial Discrimination, We Make an Urgent Call to Combat Religious Discrimination and Racism in the Americas

Washington DC, March 21, 2024.– As we commemorate the International Day for the Elimination of Racial Discrimination on March 21, the Institute on Race, Equality and Human Rights (Race and Equality) urgently calls on States to adopt measures to combat growing manifestations of religious discrimination and racism in the Americas, which significantly affect racialized population groups, such as Afro-descendants and Indigenous peoples.

In Latin America and the Caribbean, these groups face persistent challenges in expressing their sacred, ancestral, and cultural traditions without facing restrictions, stigma, repudiation, or violence. These reprisals include the persecution of members, as well as violence against places of worship and religious symbols associated with these traditions. Religious discrimination and racism can also manifest itself through stereotypes and prejudices that denigrate the beliefs and practices of these people, thus perpetuating their exclusion and marginalization.

The Inter-American Commission on Human Rights (IACHR) states that, in the case of the Afro-descendant population, their cultural identity encompasses the preservation of ancestral knowledge and the conservation of their historical legacy, so that traditions and beliefs such as the religions Lumbalú, Candomblé, Abakuá, Umbanda, Hoodoo, among others, which have their roots in Africa, are an intangible part of the heritage of the African diaspora and are part of the social process of resistance developed by enslaved people in the Americas.

In the case of Indigenous peoples, in terms of the right to freedom of religion or belief, the United Nations refers to a more diverse and complex spectrum of cultures and beliefs, since in line with their right to self-determination, Indigenous peoples are free to define and determine their own spiritual identity, according to the report “Indigenous Peoples and the Right to Freedom of Religion or Belief”, presented in October 2022 by the then-Special Rapporteur on Freedom of Religion or Belief, Ahmed Shaheed.

“Many conceptualize spirituality as a ‘way of life’: the shaping of distinctive emotions, habits, practices or virtues, the modeling of distinct beliefs and ways of thinking, and a particular way of living and communicating. Spirituality is therefore related to the transcendent and is intrinsic to the everyday experiences and practices of Indigenous peoples. Beyond its uniqueness, Indigenous spirituality and culture are often based on community, identity, and relationships with traditional lands,” the report details.

A Growing Problem Rooted in Racial Discrimination

The fact that Afro-descendant and Indigenous populations are the most affected by religious discrimination and racism is intrinsically related to the racial discrimination and systemic racism that persists in the Americas. 

In the recent webinar “The Legacy of African Religious Practices and the Social Biases and Prejudices They Face”—organized by the Secretariat for Access to Rights and Equity of the Organization of American States (OAS) in the framework of the VII Week of People of African Descent in the Americas—representatives of civil society associated the rejection, persecution, and even criminalization of these practices to historical processes loaded with ignorance, stigmatization, and prejudice as they are not considered “civilized”.

The IACHR reports repeated denunciations of persecution and attacks against the life and integrity of leaders and practitioners of religions of African origin in different states of the region, as well as complaints of the destruction of temples and sacred spaces of Afro-descendant communities. In Brazil, Race and Equality is aware of cases of religious intolerance against religions of African origin that have triggered legal conflicts, with the disturbing result that practitioners have lost custody of their children.

In Bahia, the Secretary of State for the Promotion of Racial Equality registered 19 cases of religious racism between January and July 21, 2021, representing 65% of the total cases reported in 2020. Similarly, in Rio de Janeiro, the Commission to Combat Religious Intolerance (CCIR) received reports of 19 cases against religions of African origin, including two involving children, as of May of the same year.

On the other hand, in Mexico, a report by the organization Christian Solidarity Worldwide (CSW) reveals that Indigenous women in this country suffer more religious discrimination than their male relatives. Women who refuse to join the majority Roman Catholic faith face harassment and exclusion from the justice system, government benefit programs and services, and prenatal health care.

The report notes that although the Mexican Constitution guarantees freedom of religion or belief and other human rights to all its citizens, in practice, violations are common in certain regions: in particular, for Indigenous communities governed by the Law of Uses and Customs.

Standards in the Framework of International Law

Within the Inter-American System, the right to freedom of religion and belief is enshrined in the American Declaration of the Rights and Duties of Man (Article III) and the American Convention on Human Rights (Article 12). Within the Universal Human Rights System, it is stipulated in Article 18 of the Universal Declaration of Human Rights and Article 18 of the International Covenant on Civil and Political Rights and has been further developed in the Declaration on the Elimination of All Forms of Intolerance and of Discrimination Based on Religion or Belief, in 1981.

One of the most noteworthy Inter-American instruments on the subject is the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance (CIRDI), which states that States must prevent, prohibit, and punish any restriction or limitation on the use of people’s language, traditions, customs, and culture in public or private activities.

The “Study on Freedom of Religion and Belief: Inter-American Standards,” by the IACHR, unveils a broad framework for the protection of this right, where it also highlights instruments and jurisprudence applicable to Indigenous and Afro-descendant peoples. It also points out the vulnerability of some groups, such as LGBTI persons, children and adolescents, human rights defenders, and persons deprived of liberty, and therefore provides an additional set of aspects of the right to freedom of religion and belief in relation to them.

A Call to Action

Race and Equality has integrated the fight against religious discrimination and racism into its lines of work. Since 2021, in Brazil, we have been developing a project aimed at promoting religious tolerance and the reduction of violence and discrimination against practitioners of Afro-descendant religions, through the strengthening of Afro-Brazilian organizations so that they can document cases of violence based on religious beliefs, prepare them for strategic international litigation, and foster a culture of respect for religious freedom, in addition to training entities so that they can provide legal support to victims of this scourge. Meanwhile, in Cuba, we are supporting the preparation of the report “Obstacles Faced by Leaders and Members of Afro-Cuban Religions in Cuba.”

Based on human rights principles, and considering that discrimination and religious racism are growing problems in the region, Race and Equality calls on the States of the Americas to adopt measures to address and contain it, one of the most vital being the ratification and implementation of the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. In terms of monitoring, it is important to have statistics and qualitative information on the religious and cultural practices of people of African descent and Indigenous peoples. It is also important to promote information free of prejudices and stigmas regarding these practices and, of course, to sanction any action that hinders them and implies a violation of the human rights of their followers.

Dominican Republic: Civil Society Delegation Present at The UPR Pre-Session

Geneva, March 4, 2024 – A Dominican civil society delegation participated in the Pre-session of the Universal Periodic Review (UPR) held on Friday, February 16, 2024, in Geneva, Switzerland, with the technical support of the Institute on Race, Equality and Human Rights (Race and Equality). The delegation was composed of Maria Martinez (Movimiento Socio Cultural de Trabajadores Haiti, MOSCTHA), Manuel Dandre (Red de Encuentro Dominicano-Haitiano Jacques Viau, Jacques Viau Network), Rosalba Diaz (Comunidad de Lesbianas Inclusivas Dominicanas, COLESDOM), Roberto Acevedo (Observatorio de Derechos Humanos para Grupos Vulnerabilizados, ODH-GV) and Jenny Morón (Movimiento de Mujeres Domínico-Haitianas, MUDHA), who were accompanied by Elvia Duque, Senior Race and Ethnicity Program Officer at Race and Equality.

During a week in the Swiss city, the delegation also had the opportunity to conduct advocacy by meeting with representatives of United Nations agencies and representatives of diplomatic missions, where they shared information about discrimination faced by some population groups in the Dominican Republic, in violation of their human rights.

Jenny Morón, of MUDHA, explained the situation of statelessness which, according to civil society estimates, affects more than 209,000 people and which has worsened as a result of Law 169-14, to the point that there are currently four groups whose human rights are affected in one way or another: 1) those who due to their surname and phenotypical characteristics are not associated with the Haitian population and have all their rights; 2) people who initially belonged to Group 1 but the State took away their nationality in 2013 for identifying some link with the Haitian population; 3) those who have been registered in the so-called Special Book (Registration Book for children of non-resident foreign mothers); and 4) those born in Dominican territory but who do not have any documentation or designation of nationality.

Activist Manuel Dandre, of the Jacques Viau Network, shared his experience as a person affected by Constitutional Tribunal ruling 168-13, because despite being born in the Dominican Republic, at the age of 55 the State changed his documents after identifying links with the Haitian population. “Those of us who find ourselves in Groups 2 and 3 have partial or no access to basic rights such as education, employment, transit, etc., and we are afraid of legislative changes that continue to diminish our rights,” he said.

Human rights defender María Martínez, of MOSCTHA, emphasized the crisis faced by the Dominican State in the labor area, with women and the stateless population being the most affected. According to the Ministry of Women’s Affairs, more than 95% of women in the country identify their workplaces as places of violence or harassment.

Likewise, activist Rosalba Diaz, from COLESDOM, highlighted that “the lack of legislation that guarantees protection to the LGBTI+ population has generated a great vulnerability of this population” emphasizing in her presentation “the constant cases of mutilation, stigma, and other cases of human rights violations faced by the intersex population even from a very young age, as well as the judicial patterns that undermine the custody rights of lesbian mothers in the Dominican Republic.”

Meanwhile, Roberto Acevedo, of ODH-GV, exposed the lack of access to employment and discrimination suffered by people with HIV/AIDS, because despite the existence of Law 135-11 – which provides for the privacy of information on HIV diagnosis – public institutions perform laboratory tests as part of the process of pre-selection of candidates for jobs, resulting in not employing people who test positive even if they have the necessary skills.

The delegation made a positive balance of the visit because in addition to making visible the crisis that the country is experiencing due to racist, xenophobic, and discriminatory policies, as well as positioning its recommendations, it served to warn about Law 1/2024, which creates a centralized body of the State, with the aim of protecting the interests of the nation and assessing internal and external threats against it. Civil society considers that this law generates the necessary tools to support the State in its work of criminalizing activists and human rights defenders, therefore, the delegation made a strong call to demand its repeal.

In addition, upon the return of the delegation to the Dominican Republic, the approval of Resolution No. 13, dated February 17, 2024, on the processing of birth registration of children of foreigners born in the Dominican Republic, was announced. After a few days of evaluation of this Resolution, at first glance it appears to be a possible solution to several of the issues addressed by this delegation in Geneva regarding the situation of statelessness, but upon a deeper analysis it generates concern because it does not benefit the population in condition of statelessness as it establishes the presentation of documents that they do not possess.

Below, we highlight some of the recommendations presented by this delegation during its advocacy tour at the UPR pre-session in Geneva:

  • Promote the creation of a technical roundtable to accompany, review, and implement the recommendations made in the UPR, with the participation of civil society, a member state of the Council, international organizations, and the Dominican State.
  • Promote a national law on equality and non-discrimination that prosecutes, criminalizes, and punishes racism and discrimination in all its forms.
  • Motivate the State to modify and/or eliminate any legislation, sentence, or provision that is not aligned with international treaties and agreements for the protection of human rights.
  • Motivate the State to sign, ratify, and implement the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI).
  • Prevent statelessness by creating clear, free, and expeditious mechanisms to benefit the victims of Judgment 168.13, given that Law 169.14 has not solved the problem caused by Judgment 168.13. In addition, ratify the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
  • Sensitize the authorities to avoid the criminalization of migration and to eliminate the policy of arrest, deportation, and expulsion based on racial profiling. In addition, take the necessary measures to ensure that no Dominican person is expelled from the national territory because of his or her skin color or descent.
  • Promote interculturality in the field of education and in the media.
  • Promote the protection of the human rights of women and girls in vulnerable situations.
  • Create legislation that integrates the benefits of Conventions 156, 190, and 189.
  • Promote and encourage the social integration of vulnerable groups (people living with HIV/AIDS, drug users) so that they can contribute to their community.
  • Motivate the elaboration and promulgation of the regulations for the application of Law 135-11 on HIV/AIDS, which 12 years later still does not have this important legal instrument.
  • Promote the strengthening of the role of the Ombudsman to promote and defend human rights regardless of gender, nationality, and creed.

Race and Equality thanks MUDHA, COLESDOM, and ODH-GV for obtaining their resources and joining the delegation initially composed of MOSCTHA and the Jacques Viau Network, and invites them to continue building together strategies to counteract the harsh reality that some populations live in the Dominican Republic. We also reiterate our commitment to fight against the different discriminations existing in this country hand in hand with the member organizations of the Jacques Viau Network and the NGO coalition CODHAJUR.

 

Pictured (from left to right): Elvia Duque (Race and Equality), María Martínez (MOSCTHA), Manuel Dandre (Jacques Viau Network), Rosalba Díaz (COLESDOM), Roberto Acevedo (ODH-GV), and Jenny Morón (MUDHA), in Room XXII, Building E of the United Nations. Geneva, Switzerland.

LGBTI+ Rights in Brazil: Impressions After the Visit of Roberta Clarke, IACHR Rapporteur

Brazil, October 9th, 2023 – In a promotional visit to Brazil facilitated by the Institute on Race, Equality and Human Rights (Race and Equality), Roberta Clarke, Rapporteur on the Rights of LGBTI People of the Inter-American Commission on Human Rights (IACHR), had the opportunity to dialogue with civil society organizations and LGBTI+ activists from Brasília, Fortaleza, and Rio de Janeiro. During the visit, which took place from September 18th to 22nd, the IACHR Rapporteur was able to closely monitor the reality of the Brazilian LGBTI+ population, which, between advances and setbacks, remains united as a social movement and in the struggle for the preservation of the rights achieved thus far.

The trajectory of Roberta Clarke’s visit beyond the Rio-São Paulo axis was a strategy adopted by Race and Equality after several hearings with civil society, which constantly demanded attention to the different realities of the LGBTI+ population in other parts of the country. Thus, together with the support of the Ministry of Human Rights, through the National Secretary for the Rights of LGBTQIA+ People, Symmy Larrat, the city of Brasília was crucial for meetings with ministerial offices and meetings with the LGBTI+ movement in the Federal District. It is worth mentioning that the state of Ceará, with one of the highest rates of murders of LGBTI+ people, especially trans people, according to the dossier released by the National Association of Travestis and Transgenders (ANTRA), was also part of the script for active listening with activists from the northeast region, and for having the ‘Sister Imelda Lima Pontes Prison Unit’,  aimed exclusively at the LGBTI+ prison population.

Acknowledging that it is still too early to draw opinions and conclusions on the LGBTI+ Rapporteur’s visit to the country, Race and Equality brings to its audience an overview of the impressions shared by Roberta Clarke after talking to more than 15 organizations of the LGBTI+ movement in the visited cities. The Rapporteur’s impressions about the LGBTI+ population in the country were also reported during the public event held in Rio de Janeiro; “Building Bridges: LGBTI+ People’s Rights in an Intersectional Perspective”, hosted by Race and Equality.

During the week in which the Commissioner was in Brazil, two issues concerning LGBTI+ rights – which have already been achieved – were under discussion at the national level. One of them refers to equal civil marriage, which, due to the advance of extreme right-wing politicians in the Brazilian Congress, has once again been questioned as to its validity. Since 2011 and 2013, the Supreme Court (STF) and the National Council of Justice (CNJ) have equalized same-sex civil unions with heterosexual civil unions; however, Bill No. 5,167/2009 aims to annul this right. Although it has been postponed twice due to pressure from LGBTI+ deputies, and the vote remains suspended, it may return to the agenda in Congress. The other agenda that was under discussion refers to a manipulation also orchestrated by the growing anti-trans ideology that created a movement to attack the use of unisex bathrooms. The fomentation of intolerance on the part of conservative political actors has created a false idea that this was an urgent agenda item to be voted on.

These facts, for the Commissioner, reflected another Brazilian reality, since among the countries in the region, Brazil stands out among those that have made the most progress on LGBTI+ rights. In this regard, Roberta Clarke expressed concern about what is happening in the country and, particularly, about the issue of gender-based political violence, a topic that has been repeatedly denounced before the IACHR. For her, the spread of hate speech and the growth of the anti-trans movement has led to the need for reflection and the need to work together between social movements and LGBTI+ leaders. That is, to organize strategically to understand when it is worth expending efforts to the attacks of conservatives who aim only to spread fake news to dismantle civil society and interrupt the progress of the LGBTI+ political agenda.

In the face of these setbacks, the Commissioner demonstrated her solidarity and highlighted that the opportunity of having experienced different perspectives from across the country made her understand, in an intersectional way, the various types of violence that differentially affect the LGBTI+ community. While acknowledging the progress achieved through the historic struggle for visibility and rights, listening carefully to activists revealed that there is still much to be done. The country’s current situation has shown that there is strong pressure from the far right to destroy the progress made through gender equality policies and the recognition of LGBTI+ rights, and how through the spread of hate speech, trans people feel increasingly threatened and forced to live without access to basic rights.

Thus, Roberta affirmed the IACHR’s commitment to pay close attention to what happens in the country in the coming months, given that Brazil is a country of continental dimension and what happens in its territory has political influence on the entire region.

In her dialogue with the LGBTI+ social movement, the Rapporteur expressed concern about the difficulties reported in the documentation required for the process of civil rectification of name and gender; the various forms of violence against lesbian women; and the gap in the provision of public policies that meet their specificities, from the lack of data collection to the absence of health policies. In addition, lesbian women strongly emphasized the social exclusion they experience when they show affection in public, corrective rape practices, and conversion therapies, in addition to being expelled from their homes when they openly embrace their sexual orientation.

From the conversation with transmasculine people, the Commissioner was able to perceive how the violence they face is crossed mainly by issues of race, class, and territory, especially with regard to police violence. In Ceará, the theme of education was a major motto among LGBTI+ activists, highlighting the need for school inclusion policies since many LGBTI+ students abandon their educational institutions, either due to LGBTIphobia, bullying, disrespect for gender identity, among other forms of discrimination, and some do not even complete elementary school. In this context, on September 19th, the National Council for the Rights of the LGBTQIA+ Population published a resolution establishing guidelines to ensure inclusion and respect for gender identity in educational institutions.

In Brasilia, in addition to meetings with ministerial offices, Roberta Clarke met with the board of directors of the National LGBTQIA+ Council and had the opportunity to learn about the current demands of the LGBTI+ political agenda, in view of the democratic resumption in the country. The meeting with activists from the region took place in the Drag District with a round table that discussed topics such as the need for social assistance policies for the LGBTI+ population, such as the promotion of shelters and access to healthcare for the trans population.

During her visit to Rio de Janeiro, the Commissioner received a report from the Brazilian Lesbian Articulation (ABL) about lesbian women in the country; and received the ‘Dossier on Lesbocide’, after talking to one of the authors. In addition, she was given the dossiers on murder and violence against Brazilian travestis and transgender people in 2022; and the ‘Trans Brasil’ dossier, on their situation in the prison system, both documents being produced by ANTRA.

Finally, Race and Equality is deeply grateful to the Brazilian LGBTI+ movement that mobilized activists from different regions of the country so that they could convey to the IACHR Rapporteur their life experiences and their trajectories of struggles for rights in a country where being and existing as an LGBTI+ person is an act of courage. We also thank the IACHR for accepting our invitation and engaging in dialogue with the Brazilian LGBTI+ civil society movement. In view of our mission, encouraging visits by rapporteurs and experts from international mechanisms is another step in ensuring visibility, non-discrimination, and the full realization of human rights. Therefore, we ask the IACHR to consider the following recommendations for the Brazilian State:

1 – Creation of a National Council to confront hate speech and the dissemination of fake news with an intersectional perspective, in view of the violence and attacks suffered by the LGBTI+ population in the country.

2 – Establishment of policies and bills that constitutionally guarantee same-sex equal marriage, in addition to guaranteeing the safety of trans people in public bathrooms according to their gender identities and the plurality of unisex bathrooms.

3 – Collection of disaggregated data regarding the LGBTI+ population, either through the National Census or through surveys that foster the creation of specific public policies for this population.

4 – Training and education policies aimed at public security forces so that they can ensure the safety of Brazilian LGBTI+ people.

5 – Construction of a policy to confront gender-based political violence, with the provision of measures to protect LGBTI+ members of Congress.

 

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