In the Framework of the UPR Pre-Session in Geneva, Activists will Denounce Human Rights Violations in Cuba

In the Framework of the UPR Pre-Session in Geneva, Activists will Denounce Human Rights Violations in Cuba

Geneva, August 28, 2023.- This Wednesday, August 30, representatives of Cuba’s independent civil society in Cuba and international organizations working for the defense of human rights in Latin America and the Caribbean will gather in Geneva, Switzerland, to denounce human rights violations on the island. 

The event entitled ‘Cuba: Five Years After the Universal Periodic Review (UPR),’ will commence at 1:30 p.m. (Geneva time) at Rue de Varembé 1 (5th floor). This meeting is being held within the framework of the UPR pre-session, taking place from August 29 to September 1 in Geneva, where representatives of civil society organizations from 14 countries, including Cuba, will address the human rights situation in each of these territories.

The panel discussion will feature the lawyer and consultant to the Inter-American Commission on Human Rights (IACHR), Livia Lemus; the Director of Cubalex, Laritza Diversent; the Director of Strategy at the Cuban Observatory for Human Rights, Yaxys Cires; the officer of the Central America and the Caribbean Program of Article 19, Claudia Ordoñez; independent journalist Mario Luis Reyes, and Cuban artist Nonardo Perea.

The panelists will discuss labor and trade union rights, individuals deprived of liberty for political reasons, independent journalism, and freedom of expression on the island. The aim is to raise awareness before international and regional human rights mechanisms, as well as representatives of the states, about the human rights reality experienced in this country prior to the IV UPR cycle, where Cuba will be evaluated in November of this year. 

In 2018, the Cuban state was last reviewed during the III UPR cycle. At that time, Cuba received 339 recommendations, of which it accepted 226, took note of 83, and rejected 30. To monitor the implementation of these recommendations, several independent civil society organizations submitted alternative reports to be considered in the new UPR cycle.

The panel discussion on Wednesday, August 30, will allow attendees to gain more information about what has transpired on the island five years after its last UPR evaluation. 

From Race and Equality, we emphasized the importance of creating such spaces to denounce human rights violations taking place in Cuba. We call upon international and regional human rights mechanisms, as well as state representatives, to listen to the  appeals of independent civil society organizations in Cuba and condemn the repression, harassment, and various forms of violence documented daily in this country.

Colombia: Concern over the territorial expansion of armed groups and their violent strategies of social control. UN High Commissioner.  

Colombia, August 22, 2023.- The Colombian Office of the United Nations High Commissioner for Human Rights presented its analysis of Colombia’s human rights situation, in which it recognized the current Government’s approach to human rights, its willingness to address important issues, and its commitment to the protection of human rights, which has resulted in significant and positive changes. However, the Representative in Colombia of the United Nations High Commissioner Juliette De Rivero, highlighted the concerns and challenges that the Office has observed in the country and that require immediate attention.1 In particular, she expressed concern about the territorial expansion of armed groups and their violent strategies of social control over the civilian population and grassroots organizations, despite dialogue processes offered.  

 

Increase in massacres in the country    

During the first half of 2023, the United Nations Human Rights Office (OHCHR) recorded an 11% increase in the number of verified massacres compared to the same quarter of the previous year. A total of 52 massacres were verified during this period. Most of the massacres were allegedly perpetrated by non-state armed groups and criminal organizations. The most affected departments were Atlántico, Antioquia, Cauca, La Guajira, Magdalena, Meta, Norte de Santander, Putumayo and Valle del Cauca. For its part, the Institute for Development and Peace Studies, INDEPAZ, has registered a total of 59 massacres in the country to date.2  

 

Violence against social leaders continues to be of concern.  

In the first half of 2023, the OHCHR reported a 19% reduction in cases of homicides of human rights defenders compared to the previous half (July-December 2022). While this decrease is encouraging, the number of killings of human rights defenders in Colombia remains unacceptably high. In total, 46 cases of homicide have been recorded, of which 39 were men and 7 women. Among them, 11 were indigenous, 9 were Afro-descendants, and 15 were campesinos. In addition, 35% of the human rights defenders killed were members of Community Action Boards. To date, INDEPAZ has registered 105 massacres or killings during 2023 in the country. 

In terms of displacement, the United Nations Office for the Coordination of Humanitarian Affairs (OCHA) has reported a 33% decrease in cases of displacement compared to the previous six-month period and a 2% increase in cases of confinement during the same period. In addition, the UN Verification Mission has verified two fewer cases of killings of ex-combatants during this period.  

 

Sexual violence and human trafficking   

During the first half of 2023, the Office has received a total of 42 complaints of sexual and gender-based violence in the context of armed conflict, of which 27 have been confirmed. These complaints have been registered in the departments of Antioquia, Arauca, Chocó, Nariño, and Norte de Santander. Of particular concern is the situation of trafficking of girls and adolescents for sexual exploitation by non-state armed groups, as well as the rape of women and girls. These differentiated situations demonstrate the need to adopt effective and specific measures to guarantee the protection and effective participation of women, girls and LGBTI+ persons in all spaces of dialogue and decision-making for the comprehensive construction of peace. 

Race and Equality calls on the government of Colombia to take into account the report presented by the Office of the United Nations High Commissioner for Human Rights, which points out the existence of human rights violations that require immediate measures to protect the lives and rights of citizens in its national territory, especially in areas of the country that continue to be affected by the armed conflict and illegal armed groups. Regarding the protection of ethnic communities at risk, it is crucial that the State take effective measures to guarantee the full exercise of their individual and collective rights, especially due to the impact of the armed conflict and violence. The national government must work to repair and protect the rights of these communities, who are entitled to special protection according to international standards. 

We also urge the State to carry out a Comprehensive Reform of the National Police with the genuine and effective participation of civil society, especially the victims of racist police violence. Additionally the state should adopt, abide by, and effectively implement international standards against racism and discrimination, such as the Inter-American Convention against Racism, Racial Discrimination and Related Intolerance (CIRDI), the International Convention on the Elimination of All Forms of Racial Discrimination (CERD) and the standards that have been developed to prevent the disproportionate use of force against people of African descent by security forces. 

Victor Madrigal meets with more than 30 LGBTI+ people from Mexico with the support of Race and Equality

In Mexico, the United Nations Independent Expert on sexual orientation and gender identity, Víctor Madrigal-Borloz, met with local authorities, leaders, and LGBTI+ organizations of two Mexican states to promote his mandate.

From July 17th to the 22nd, the United Nations Independent Expert on Sexual Orientation and Gender Identity (UNIESOGI), Víctor Madrigal-Borloz, held a promotional visit to two Mexican states –Oaxaca and Mexico City—, which were conducted in alliance with the International Institute on Race, Equality and Human Rights (Race and Equality), represented by the Senior LGBTI Program Officer, Zuleika Rivera. Likewise, the United Nations Office of High Commissioner for Human Rights (OHCHR) was present, represented by Niza Castañeda, Human Rights Officer.

During his visit, he met with more than 30 LGBTI+ people of different organizations, leaders of civil society, and local authorities dedicated to the protection and promotion of LGBTI+ rights, with the goal of learning more about the situation of LGBTI+ people in Mexico and to provide information to participants on the functions of the mandate and the various forms of participation for civil society. Additionally, the Independent Expert and Race and Equality participated in the 6th Conference of LGBTI Political Leaders of the Americas and the Caribbean, where Madrigal-Borloz was invited to participate as a panelist.

Dialogue with the muxhe community

On July 18th, the “Dialogue of authorities and the muxhe/trans community of the region of Istmo with the Independent Expert” was held in Istmo de Tehuantepec, Oaxaca, Mexico, which was convened by the Technical Institute of the Isthmus, the Proyecto Transformándome, Mexfam and other civil society organizations. “In Oaxaca there exists a narrative and language of inclusion and respect for the communities of the Isthmus, lessons that are beneficial for the world. Indigenous peoples, African people, and Asian civilizations have known sexual and gender diversity as phenomenon that are part of the richness of society,” expressed the Independent Expert at the meeting.

The dialogue was attended by authorities such as Mariano Rosado López, Secretary of the Municipality of Juchitán de Zaragoza, and Juan José Rementeria Orozco, Director of the Technical Institute of the Isthmus (TecNM), who expressed his wishes for an inclusive education for the muxhe community and LGBTI+ people. Also in attendance was the first muxhe municipal representative, Carisia Cabrera, who described the challenge of reaching the governorship and the constant struggle to be representative, as sexism and racism have always existed.

The meeting was also attended by leaders, local groups, and secular actors, and had the purpose of establishing a link with the muxhe community and other sexual diverse communities, allowing listening and articulation of needs in health, security, justice, work, and social inclusion. In this regard, Jenni Natalia Santiago, from Ellas Deciden, a network of lesbian, bisexual and gender-diverse women, pointed out that colonial processes keep ancestral gender identities silent and that it is necessary for the Mexican State to recognize their existence and the barriers they face in accessing opportunities.

United Nations Independent Expert on sexual orientation and gender identity, Víctor Madrigal-Borloz, at the “Dialogue with authorities and the muxhe/trans community of the region of Itsmo” at the Technical Institute of the Isthmus of Mexico.

Meetings with civil society

Over two days, the Independent Expert on SOGI, Victor Madrigal-Borloz, met with Mexican civil society organizations in three thematic roundtables, where they addressed issues such as migration, human mobility and its impact on LGBTI+ persons, disappearances, hate speech and hate crimes, and the rights of LGBTI+ persons deprived of liberty, LGBTI+ indigenous and Afro-Mexican peoples, and trans youth.

Mexico has one of the borders with the highest migratory flows and, in the last year, the number of LGBTI+ people in migration has increased, including youth and adolescents. In addition, extreme violence at home and on the streets and lack of opportunities due to sexual orientation and gender identity are the main causes of expulsion from their places of origin. In the country, there is no specific migration policy for LGBTI+ people, neither in the national migration law nor in the federal asylum law, so there are no mechanisms of care; in addition, hypersexualization and racial profiling is very common.

On the other hand, civil organizations have a constant struggle for truth, justice, reparation, and for the memory of the victims of disappearance and hate crimes. The country has not been able to build an official registry of LGBTI+ persons and the Missing Persons Search Commissions and Prosecutor’s Offices in Mexico do not recognize diverse families’ ability to initiate the search processes for LGBTI+ missing persons. In addition, there is a lack of training in forensic anthropology to correctly treat the bodies of trans persons.

Likewise, it is necessary to recognize and respect the rights of LGBTI+ persons in detention centers in Mexico. LGBTI+ people deprived of their liberty are often victims of systematic violations of their rights and cruel and inhumane acts, with trans people facing these acts with greater severity. Likewise, hate speech and the presumption of criminality reinforce discrimination against indigenous populations, LGBTI+ Afro-Mexicans, and trans youth and children.

Víctor Madrigal-Borloz in thematic meetings with Mexican LGBTI+ civil society organizations.

Víctor Madrigal-Borloz in thematic meetings with Mexican LGBTI+ civil society organizations.

LGBTI+ Political Leaders

The Independent Expert and Race and Equality participated in the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean, the largest event that brings together openly LGBTI+ leaders, public servants, and allies, where Víctor Madrigal-Borloz was invited to participate in the panel “Betting on democracies, bursting with color”. During his portion of the panel, the Independent Expert reflected on how the creation of the mandate is a sign of the fight for political spaces, 30 years ago it was unthinkable that sexual orientation and gender identity would be discussed at the United Nations.

The main objective of the 6th Conference, in which around 500 people participated, was to provide a space for dialogue, capacity building and networking and exchange of experiences in the field of citizen and political participation to move towards equality. Something important to highlight is that, during the meeting, the first LGBTI+ caucus in Brazil was created to combat the systematic attack on LGBTI+ rights promoted by the extreme right. This delegation is composed of more than 23 political authorities, members of the government and social organizations, among them federal deputy Erika Hilton, Duda Salabert and state deputy Linda Brasil.

Part of the Institute on Race, Equality and Human Rights work is to support the promotional visits of the mandates of the United Nations and the Inter-American Court of Human Rights (IACHR) for the rights of LGBTI+ people. In this regard, Race and Equality reaffirms its commitment to accompany their efforts to ensure the equality and dignity of LGBTI+ people.

Miguel Ángel Alanis (Race and Equality), Niza Castañeda (OHCHR), Alex Leal (UNIESOGI), Zuleika Rivera (Race and Equality) at the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean. In the second photo: Victor Madrigal-Borloz participating in the panel "Betting on democracies, bursting with color".

Victor Madrigal-Borloz participating in the panel “Betting on democracies, bursting with color”. In the second photo: Miguel Ángel Alanis (Race and Equality), Niza Castañeda (OHCHR), Alex Leal (UNIESOGI), Zuleika Rivera (Race and Equality) at the 6th Conference of LGBTI+ Political Leaders of the Americas and the Caribbean.

Transcendent Voices: Art and Culture as Forms of Resistance and Pride

Washington D.C., June 28, 2023 – On International LGBTI+ Pride Day, the International Institute on Race, Equality and Human Rights (Race and Equality) wishes to dedicate this article to recognize, celebrate, and highlight the presence of LGBTI+ persons in the region in the field of art and culture, which have always been forms of resistance, survival, and pride for LGBTI+ persons. Their disruptive forms of artistic expression have revolutionized this sector, not only enriching it but also challenging and transforming the dominant narratives of cisheteronormativity.

From a human rights perspective, the A/HRC/14/36 report by the United Nations Special Rapporteur on Cultural Rights states that cultural rights are essential for the recognition and respect of human dignity in many aspects. Through these rights, the development and expression of diverse worldviews – both individual and collective – are protected, encompassing important freedoms related to issues of identity.[1]

In this sense, the representation and dignified visibility of historically marginalized groups, such as the LGBTI+ population, are crucial to reclaim their bodies and identities and promote their human rights. “Combat stigma and discrimination. Positive representation in culture contributes to challenging the negative stereotypes and prejudices surrounding sexual and gender diversity,” mentions Alex Aguirre, Human Rights Researcher at the Institute for Peace and Development (Ipades) in Nicaragua, who points out that this also applies to oneself when characters and narratives reflect personal experiences that contribute to developing greater confidence and accepting one’s gender identity or sexual orientation without shame or guilt.

“Diverse artistic expression makes things visible, exposes, portrays, and enriches. Being able to enjoy art created by sexual and gender diverse individuals provides a different perspective to the audience, humanizing and making their expressions their own,” says Fhran Medina, lawyer and LGBTI+ rights activist from Fraternidad Trans Masculina Perú.

From the perspective of the meaning of art and culture, Guillermo Valdizán states in his book Creación Heroica that “forms of cultural production are intimately linked to processes of social transformation.”[2] In other words, cultural production does not exist outside of a specific social, political, and economic context and has been present throughout the history of societies; therefore, it is part of the social process and not just a tool. As Sol Ámbar Sánchez Latorre, Advocacy Director at the GAAT Foundation in Colombia, says, there is an appropriation of the more visible cultural sphere by LGBTI+ persons, which produces new representations and reflections on sexuality and gender, fostering cultural transformations.

Next, Race and Equality’s counterparts recommend some notable examples of cultural productions that have contributed to the visibility of LGBTI+ people:

Yunior Pino, Cuban photographer and activist: “We are courageous individuals endowed with talents and gifts; we educate to eradicate the taboos that have caused a lot of harm and discrimination for generations. I recommend the Cuban film titled Fátima because it portrays the harsh reality experienced by the majority of the LGBTI+ community in Cuba, facing a macho and discriminatory society and a system that forces family separation and prostitution.”

Sol Ámbar Sánchez Latorre, Advocacy Director at the GAAT Foundation in Colombia: “I would like the work of Kia sonorica, a Paraguayan trans artist, to be more widely known. She is also an anti-colonial historian and has a deep understanding of art history; and now she is one of the pioneering Latin American artists using artificial intelligence to create artistic works.”

Fhran Medina, Peruvian lawyer and activist: “Antay is my favorite Peruvian singer-songwriter, not only because he is a great singer, but also because of the work and immense heart he puts into each song and performance. His lyrics are filled with tenderness and artistry. As a trans singer-songwriter, he carries many stories and experiences of the trans population. The music video for the song “Júrame” is something that everyone should watch, and you can find more of his productions on Spotify and YouTube.”

Articulación Brasileña de Lésbicas – Rede ABL: “We recommend the work of Bia Ferreira in music because she is a black woman and ‘sapatão’* who brings true ‘gospels’ of liberation in her songs. It is important for other people to know her work because she explains the cause and solutions to various social issues in a didactic way.”

Alex Aguirre, Human Rights Researcher at the Institute for Peace and Development (Ipades) in Nicaragua: “I recommend the artist Ru Paul, an iconic Drag Queen and host of the show RuPaul’s Drag Race. Ru Paul has been an important figure in LGBTI+ culture and has promoted acceptance and celebration of diversity.”

In conclusion, the visibility of LGBTI+ persons in the field of art and culture is a powerful indicator of progress in human rights. Through cinema, music, dance, theater, visual art, and more, a space has been conquered where these transcendent voices can be heard, and their experiences can be authentically represented. Race and Equality reaffirms its commitment to promoting the visibility and representation of LGBTI+ individuals in all areas of life and wishes them a Pride Month filled with music, art, and culture. All people deserve to live in a society free of violence, more just, and without discrimination. Human rights always!

*’Sapatão’ is a word of pride that refers to lesbian women in Brazil. It is similar to how the trans movement has embraced the word ‘travesti’.

 

——–

[1] Report of the independent expert in the field of cultural rights, Ms. Farida Shaheed, submitted pursuant to resolution 10/23 of the Human Rights Council. Available at https://documents-dds-ny.un.org/doc/UNDOC/GEN/G10/124/40/PDF/G1012440.pdf?OpenElement

[2] Valdizán, Guillermo (2021). Creación Heroica: Neoliberalismo, políticas culturales y estrategia comunitaria en el Perú del siglo XXI. Lima: RGC Ediciones

Afro-Descendant Activists from Latin America and the Caribbean take over New York and Washington D.C.

Washington D.C., May 31, 2023 – In light of the second session of the United Nations Permanent Forum on Afro-Descendants (PFPAD), which will take place from May 30 to June 2 in New York City, organizations representing Afro-descendant women from Brazil, Colombia, and the Dominican Republic have formed a Delegation for Racial Justice to denounce racial and gender violence in Latin America. With the support of the International Institute on Race, Equality, and Human Rights (Race and Equality) and the Black Alliance to End Violence (Fundo Elas), the Delegation for Racial Justice aims to highlight the experiences of Afro-descendant women and the urgent need for international support in building agendas and projects to combat the various forms of racist violence affecting the lives of Latin American women from an intersectional perspective.

Additionally, Race and Equality, together with the Open Society Foundation, is promoting the participation of 15 other organizations, predominantly composed of Afro-descendant women from Latin America and the Caribbean, in the Permanent Forum of Afro-Descendants. With this collaboration, the Delegation for Racial Justice will comprise approximately 30 organizations, united in their call for international cooperation to end racial and gender violence in the Americas. The objective of this delegation is also to prepare a report with recommendations and insights on the first and second sessions of the Permanent Forum, to be presented during the third session scheduled to take place in Brazil in 2023.

The United Nations Permanent Forum on Afro-Descendants was established in 2021 by General Assembly Resolution 75/314, serving as a consultative mechanism to contribute to the fight against racism and the promotion of the rights of the Afro-descendant population. The forum collaborates with the Human Rights Council and other UN mechanisms. The first meeting took place in December 2022 in Geneva, Switzerland, and in addition to the upcoming session in New York, the forum is scheduled to convene in Brazil in December of the same year. The Permanent Forum on Afro-Descendants is part of the implementation activities of the International Decade for People of African Descent and is chaired by Epsy Campbell Barr, the former Vice President of Costa Rica.

Parallel Event: Racial and Gender Violence in Latin America

On Thursday, June 1, at 1:15 p.m. (New York time), the event ‘Racial and Gender Violence in Latin America‘ will be held at the Church Center of the United Nations. The event will call upon political actors present in New York to listen to the realities of Black and LBTI Latin American women. With panels on ‘Women’s Rights and Intersectionality’ and ‘Civil Society’s Vision in the Fight Against Gender Violence in Latin America.’ This space, organized within the framework of the Permanent Forum on Afro-Descendants, aims to facilitate dialogue among Latin American women leaders, discussing the different contexts in which they live, where the brutality of structural racism manifests in terms of discrimination and violence.

Moreover, the urgency to address racial and gender violence is supported by data indicating that Latin America is one of the most violent regions in the global south, with the Black population being disproportionately affected due to the absence of specific policies. Therefore, this delegation aims to contribute to the development of the agenda and declaration of the Permanent Forum with a focus on combating racial and gender violence in Latin America. Furthermore, it seeks to establish appropriate channels for obtaining disaggregated data to better implement and propose public policies tailored to the realities of Afro-descendant individuals, particularly Afro-descendant women.

Political Advocacy Week in Washington D.C.

To strengthen and continue the work carried out during the Permanent Forum on Afro-Descendants, the delegation will travel to Washington D.C. from June 5th-7th. With the support of organizations such as the Washington Brazil Office (WBO) and Black Women Radicals, they will meet with representatives from the Department of State and Afro-North American organizations, including the Black Caucus. They will also hold meetings with missions from the Organization of American States (OAS) and the Inter-American Commission on Human Rights (IACHR).

Additionally, the Delegation for Racial Justice will strategically work towards the implementation and strengthening of bilateral international treaties among their countries, such as the Inter-American Convention against Racism, Racial Discrimination, and Related Forms of Intolerance (CIRDI), the Joint Action Plan for the Elimination of Racial and Ethnic Discrimination and the Promotion of Equality (JAPER), which has recently been reactivated between Brazil and the United States, and the Action Plan between the United States and Colombia for Racial and Ethnic Equality (CAPREE).

“For this delegation, it is crucial that Afro-descendant women directly present their realities and recommendations for positive change because they play a key role in defending their communities. Moreover, the context of racial justice in the Americas is an important point of exchange between Afro-Latin American and Afro-North American organizations,” explains Elvia Duque, Race and Ethnicity Officer at Race and Equality.

To conclude the week of political advocacy, the ‘Black Women’s Movement in Washington D.C.‘ event will take place on June 7, starting at 11 a.m. (Washington D.C. time), at the meeting center for Afro-descendant women, ÌPÀDÉ. The panel discussion on communication and mobilization strategies against racism and racial violence in the Americas will feature the leaders who make up the delegation.

Agenda

 Delegation for Racial Justice of Afro-Descendant Women from Latin America and the Caribbean

United Nations Permanent Forum on Afro-Descendants – May 30th to June 2nd in New York

Parallel Event: Racial and Gender Violence in Latin America

Thursday, June 1, 1:15 p.m. (New York time)

Venue: UN Church Center – 777 United Nations Plaza, New York, NY 10017. 8th floor. Located a two-minute walk from the UN headquarters.

Political Advocacy Week in Washington D.C. – June 5th to June 7th

Event: Black Women’s Movement in Washington D.C.

Wednesday, June 7, 11 a.m. (Washington D.C. time)

Venue: ÌPÀDÉ – 1734 20th St NW, Washington, DC 20009

 

 

Lesbian Visibility: Couples, Families and Lesbian Maternity Homes

Washington D.C., April 26, 2023– On the International Lesbian Visibility Day, the Institute on Race, Equality and Human Rights (Race and Equality) believes it is necessary to talk about the visibility of family diversity made up of lesbians and non-binary lesbians, either with or without children, the right to love outside of the heterosexual framework, and still enjoy the legal protection of the State.

Although international law recognizes that all people are equal before the law,[1] the legal protection for same-sex couples, in terms of equality, is not the same. The inability to marry, adopt, and be recognized as a family due to lesbophobia and structural discrimination keeps lesbians and their children unprotected.

According to Statista, in Latin America, equal marriage is legal only in seven countries and in some Mexican states. In the case of Cuba, following the adoption of the new Family Code, persons of the same sex could marry and adopt, however, lesbians remain invisible. “There are articles and laws that address diversity, but we continue to be discriminate. My partner Kirenia Núñez and I have been together for seven years, and in all that time we have suffered lesbophobic violence. We have been violated for being activists and for being lesbians in a country where the state doesn’t really recognize us,” said María Matienzo, a Cuban writer who was forced to leave the island.

Up until 2008 in Nicaragua, the “crime of sodomy” was enforced in Article 204 of the Criminal Code, which criminalized same-sex relations with sentences of up to three years in prison.

Despite the repeal of this Article, lesbian women and non-binary lesbians of Nicaragua are exposed to religious fundamentalisms, hate speech, machismo, and a lack of protection by the State. The Nicaraguan Constitution does not recognize the right to self-determination with respect to gender identity or equal marriage, which makes it impossible to form families of lesbian parents, having or adopting children, and inheriting as a surviving spouse.

When States do not legally recognize or protect lesbian families, they leave them without access to other rights such as inheritance, social security, widowhood or divorce pensions, custody or adoption of children, housing, employment, credit, visits to hospitals and prisons, among others. In addition, this helplessness extends to their children and their most fundamental rights such as recognizing their two mothers and bearing their surnames.

In Peru, Jenny Trujillo and Darling Delfín, two lesbians married in Mexico, are suing the Peruvian State before the Inter-American Commission on Human Rights (IACHR) because the National Registry of Identification and Civil Status (RENIEC), since 2016, refuses to register them as mothers on their son’s National Identity Card (DNI) even though the Judiciary ordered him to do so.

Last year, after five years of being discriminated against as lesbians and mothers, Jenny and Darling went to international courts with a petition and request for precautionary measures to guarantee: a life without discrimination, the best interests for their son, free development of personality, personal freedom, among others.

Although equal marriage does not exist in Peru, Article 2050 of the Civil Code and the Constitution provide recognition of marriages and rights acquired abroad. “We have faith that soon more lesbian mothers will be able to have their sons or daughters recognized and protected by the Peruvian State, and that there will no longer be the need to leave our country to seek legal recognition,” says Jenny Trujillo.

In the case of Colombia, there was an equal marriage law that recognized same-sex unions; however, institutional obstacles persisted that discriminated against women, not only because they were lesbians but also because they were of African descent. “Families of lesbian parents made up of black women exist. We are tasked with mothering from a place of love, respect, and empathy. We often encounter institutional barriers that do not recognize us as mothers of our children, that make us invisible, that do not allow us to enjoy the rights that we as mothers have. The families of lesbian black women are here, and we want to be visible,” says Sami Arizabaleta, activist and director of the Afro-Descendant Foundation for Social and Sexual Diversity – Somos Identidad.

Advisory Opinion 24/17 of the Inter-American Court of Human Rights on the International Protection of Same-Sex Relationships is clear when it indicates that the American Convention does not establish a closed concept of the family. Not even one model is protected. For this reason, “the rights resulting from affective relationships between couples are usually protected by the Convention through the Family Institute and the Family Life Institute.”[2]

States must fulfil their obligations regarding the principle of equality and non-discrimination provided in Article 24 of the American Convention on Human Rights, which is elaborated extensively in General Comment No. 20 of the United Nations Committee on Economic, Social and Cultural Rights.

Considering this, Race and Equality raises some recommendations for States on measures to protect the rights of lesbians:

  • Guarantee the right to a family and the civil rights of lesbians and GBTI+ people through the legal recognition of lesbian mothers and diverse families.
  • Guarantee access to equal marriage and maintain unrestricted respect for rights acquired abroad.
  • Develop mechanisms that prevent the criminalization of lesbian mothers in processes of custody of their children.
  • Strengthen training programs for State officials to guarantee dignified treatment of lesbians and GBTI+ people in public services.
  • Implement Comprehensive Sexual Education policies that guarantee respect for sexual diversity and gender identities.
  • Register, document, and analyze violence against lesbians and GBTI+ people to formulate policies that respond to their needs.
  • Guarantee access to justice. Investigate and punish discrimination and crimes committed against lesbians and GBTI+ people.
  • Promote access for lesbians and GBTI+ people.
  • Create accessible political spaces and positions of power to guarantee the right to political participation without violence and with the representation of identities.
  • Implement assistance programs for cases of violence due to prejudice in and out of the home.

Note: In Brazil, there are two specific dates for the lesbian movement: August 19, Lesbian Pride Day, and August 29, Lesbian Visibility Day. Therefore, the Brazilian Lesbian Movement feels represented by these dates that contemplate the struggle and history of Brazilian lesbian women.

[1] Art. 24 of the American Convention on Human Rights.

[2] Art. 174 of OC 24/17 of the Inter-American Court

Day against LGBTI+phobia: Celebrating advancements and achievements in Human Rights

Washington D.C., May 17, 2023 – Since 2004, every May 17th serves as a reminder that the World Health Organization (WHO) removed homosexuality from its International Classification of Diseases (ICD), a significant step towards the depathologization of LGBTI+ identities. Therefore, on this International Day Against LGBTI+phobia, the Institute on Race, Equality and Human Rights (Race and Equality) commemorates the right to live free from violence, with dignity, celebrating who we are, and the achievements made by LGBTI+ persons in favor of human rights.

The struggle for equality and human rights for LGBTI+ persons has achieved significant advancements in many parts of the world, and it is important to recognize the efforts and relentless advocacy behind these achievements. From Race and Equality, we highlight some of the accomplishments from the past year in the region.

In Colombia, the Truth Commission (CEV) incorporated a gender perspective to analyze the disproportionate impact of the armed conflict on the lives of LGBTI+ persons. This serves as an important reference for other Latin American countries that have experienced similar armed conflicts but did not adequately consider the rights of LGBTI+ persons in their peace processes. Such advancements provide a starting point to clarify patterns of violence and subsequently advocate for state recognition, reparation, and accountability measures for perpetrators.

Furthermore, the Constitutional Court ordered the National Registry to include a non-binary category in identification documents. Thanks to the initiative and fight of Dani García, who requested a new document in 2019 with an “indeterminate” sex marker. The Court also instructed the Congress to regulate the rights, services, and obligations to ensure that non-binary individuals can access them. 

In Peru, for the first time, the State apologized to a transgender woman, Azul Rojas, and recognized international responsibility for violating her rights in 2008. This comes after two years of the Inter-American Court of Human Rights (IACHR) ruling on the first case of torture due to discrimination against an LGBTI+ person in the region.

Another historic ruling from the IACHR was the recent achievement in the case of Crissthian Olivera vs. Peru, the first complaint of discrimination based on sexual orientation in the country before this international body. Both judgments by the IACHR held the Peruvian state responsible and ordered comprehensive reparations for the victims, along with a series of measures to promote equality and non-discrimination in the country.

In Brazil, the National Secretariat for LGBTQIA+ Rights was created by the government, and for the first time, a transgender person, Symmy Larrat, assumed the position. Additionally, Benny Briolly became the first transgender person to receive precautionary measures from the Inter-American Commission on Human Rights (IACHR). Benny Briolly, a black transgender councilwoman, received these measures due to being in a situation of gravity and urgency, at risk of irreparable harm to her rights based on her gender identity, her work in politics, and as a human rights defender.

In Nicaragua, despite an authoritarian regime and a context of censorship, civil society created and maintains the Observatory of Human Rights Violations against LGBTI+ Persons. These organizations play a fundamental role in promoting equality and visibility for the LGBTI+ community in the country.

In Cuba, the Family Code was approved, legalizing same-sex marriage and the possibility for same-sex couples to adopt.

It is crucial that we continue to promote diversity and respect for gender identity, sexual orientation, gender expression, and sexual characteristics of LGBTI+ persons, and continue celebrating the achievements of civil society in favor of human rights.

To continue contributing to the recognition of LGBTI+ persons and their rights, it is urgent for states to develop measures aimed at:

  • Decriminalizing same sex relationships;
  • Enacting laws that prohibit discrimination;
  • Penalizing hate crimes committed against LGBTI+ persons;
  • Granting recognition to transgender individuals to obtain identification documents without the need to comply with abusive and stigmatizing requirements;
  • Implementing training programs for police officers, personnel in correctional facilities, teachers, social workers, caregivers, and public officials in general, to better serve the LGBTI+ community.

31M Trans Visibility: What Happens to Trans People in the Context of Political Crises and Authoritarian Regimes?

Washington D.C., March 31, 2023 – Marking International Day of Transgender Visibility, The International Institute on Race, Equality, and Human Rights (Race and Equality) highlights and recognizes that within the region political and social crises, including authoritarian regimes generate differential impacts on vulnerable groups of people. For trans people and people of diverse genders, the impact is even greater when considering factors like socioeconomic status, race, migratory status, and age.

LGBTI+ people, and specifically trans people, systematically suffer human rights violations in different aspects of their lives. Moreover, in authoritarian regimes or in complex political and social contexts, their situation is aggravated by legislative setbacks and legal gaps, and it is therefore more difficult to guarantee respect for and compliance with international human rights obligations. In addition, the level of impunity for hate crimes are increasing and violence and discrimination are often perpetrated by public officials.

In Brazil, during Jair Bolsonaro’s administration, there was an increase in hate speech against the LGBTI+ population, which specifically affected the trans population. The rise of the extreme right, linked to conservative religious groups, strengthened the anti-trans agenda which became institutionalized and gained space in official government speeches. The anti-rights fundamentalist groups that persecute and lie about gender diversity, calling it “gender ideology,” have constructed a violent discourse which targets trans people as enemies and prevents the construction of public policies aimed at improving the human rights of this population. “In addition, they attack rights that have been conquered, such as respect for social names and a self-declared gender in public and private establishments, as well as the use of the bathroom according to your gender,” explains Gab Van, Representative of the João W. Nery Transmasculina League.

In 2022, Brazil maintained its 14th consecutive year as the top of the ranking for murders of trans people. According to the National Association of Transvestites and Transsexuals (ANTRA), 131 trans people were murdered in Brazil in 2022 (130 trans women and 1 trans masculine person). At least 76 percent of the victims were black.[1]

In Peru, the country is currently experiencing a serious institutional, political, and social crisis. After the attempted coup d’état against Congress by President Pedro Castillo in December 2022 and Dina Boluarte assuming presidency, various sectors of society are unaware of the government of Dina Boluarte and the Congress of the Republic. This has generated a series of nationwide protests causing 67 deaths, with 1,335 people injured,[2] along with arbitrary arrests, arbitrary searches, and a series of human rights violations by the government, the police, and military forces. Within this context, the situation of the trans population worsened and was relegated, not to mention the increase of impunity for hate crimes. In the first month and a half alone of this year, eight murders of trans women were reported,[3] which were classified as violent deaths. “As long as there is no gender identity law, this system will continue to oppress us because it does not recognize us as women and we cannot exercise full and responsible citizenship,” said Alejandra Fang, member of Trans Feminist Organization for the Human Rights of Trans People.

To date, there is no official record of violence and hate crimes against trans and gender-diverse people. The little information known so far is obtained through the media and trans civil society organizations who make great efforts for such documentation. Similarly, political studies, analyses, and reports on human rights violations make no reference to the situation, and the differentiated impact on the current institutional crisis, and the lives of trans and gender diverse people.

In the case of Nicaragua, the context of socio-political and human rights crises, where censorship and impunity prevail for the serious violations and abuses of human rights are perpetrated by the State and parastatal agents, there is no access to official figures on cases of violence against trans people; however,  according to testimonies gathered by the Expert Group on Human Rights on Nicaragua (GHREN), feminist leaders, women-led organizations, and groups (in all its diversity) have collectively been targets of attack.[4]

The authoritarian regime of Daniel Ortega and Rosario Murillo, held at least 4 trans women incarcerated in penitentiaries for men, denying them access to hormonal therapy and exposing them to differentiated risks based on their gender. The United Nations Working Group on Arbitrary Detention, in Opinion 12/2021, ruled on the case of a trans activist who was arbitrarily arrested on the second anniversary of the socio-political crisis, forced to be held in a men’s penitentiary and sentenced for 13 years and 2 months for “aggravated kidnapping” and “aggravated obstruction of duty.” “His status as a trans person was ignored as a form of humiliation against him,” concluded the Working Group. Finally, the activist was released in 2021, but the State never reported on the lifting of the charges against her, nor on the guarantees of reparation for the damages committed.

Similarly in Cuba, the arrest of Brenda Díaz, a 28-year-old trans woman who remains incarcerated in a male prison, reveals the serious situation faced by people with diverse gender identities on the Island. She was arrested for participating in the peaceful marches in July 2021 because, according to Cuban authorities, she “dressed as a woman to infiltrate” public demonstrations.[5] Victims face all kinds of discrimination and violence within this prison, Brenda is serving a 14-year prison sentence.

In Cuba, people with diverse gender identities can change the gender marker on official identity documents only if the applicant has undergone gender affirmation surgery, according to the database of the organization Ilga Mundo.[6] ILGA World also compiles other measures adopted by the Cuban government to protect this population, but according to trans people, they are not applied and remain a commitment on paper only. In the same way, women’s organizations affirm that a gender law against gender violence is needed to prevent gender-based violence.

In the case of Colombia, within the framework of the 2019-2020 National Strike, Colombia Diversa has documented that the majority of the victims of police violence, threats and homicides were trans women.[7] According to Caribe Afirmativo, as of 2019 most of the victims in 2020 were registered in Valle del Cauca, Antioquia, and Bogotá. In Valle del Cauca, for example, threats and repression by the police and impediments to demonstrations in public spaces were reported.[8] In addition, the Minister of Defense at the time, Diego Molano, criminalized the social leaders of LGBTI+ people in Cauca, establishing them as members of criminal organizations and offering a million-dollar reward to anyone who provided information about them.

Bicky Bohorquez, member of Somos Identidad, spoke about the importance of the personal security of trans people in demonstrations. “To promote the participation and visibility of trans people in spaces of social vindication, such as social protest, we must take into account that these must be safe spaces for us as trans people. Strategies such as listening and learning from our experiences, awareness, and education cannot be left out.”

Trans people in the region are exposed to more dangerous and vulnerable situations when their countries are in critical political and social contexts. Not only because their living conditions become more acute, but because their participation as political actors can place their physical and mental integrity at risk, especially in protest and emergency situations.

In view of these matters, Race and Equality wishes to submit recommendations to the States, many of which were presented by the IACHR in the Report on Trans and Gender Diverse Persons and their economic, social, cultural and environmental rights (2020):

  • Adopt gender identity laws that recognize the rights of trans and gender diverse people to rectify their name and sex and or gender component on their birth certificates, identity documents, and other legal documents. This is based on Advisory Opinion 24/2017 of the Inter-American Court of Human Rights (IACHR).
  • Eliminate any form of criminalization in laws and public policies, direct or indirect, of the conduct of people in the exercise of their gender identity or expression.
  • Include protections against discrimination based on gender identity in public and private spheres.
  • Develop and implement policies and programs to promote respect for the rights of trans and gender diverse people and their acceptance and social inclusion. These must be comprehensive, transversal, and based on the human rights approach, including the gender perspective.
  • Develop and implement information campaigns to raise awareness in public and private media about bodily and sexual diversity and the gender approach.
  • Promote information campaigns for trans and gender diverse people about their human rights and existing protection mechanisms.

[1] ANTRA (2022). Expediente Asesinatos y violencia contra travestis y transexuales brasileños. Disponible en https://antrabrasil.files.wordpress.com/2023/01/dossieantra2023.pdf

[2] Defensoría del Pueblo (2023) Crisis Política y Protesta Social. Reporte Diario. Disponible en https://www.defensoria.gob.pe/wp-content/uploads/2023/03/ReporteDiario2332023_17-horas.pdf

[3] Presentes (2023). Perú: Por primera vez miles de personas marcharon en Lima contra los transfemicidios. Disponible en https://agenciapresentes.org/2023/02/23/peru-por-primera-vez-miles-de-personas-marcharon-en-lima-contra-los-crimenes-de-transodio/

[4] Consejo de Derechos Humanos de las Naciones Unidas (2023). Conclusiones detalladas del Grupo de Expertos en Derechos Humanos sobre Nicaragua. Disponible en https://informenicaragua.org/wp-content/uploads/2023/03/A_HRC_52_CRP5_Spanish.pdf

[5] Race and Equality (2022). Cuatro historias de personas detenidas por reclamar cambios en Cuba. Disponible en http://oldrace.wp/es/cuba-es/cuatro-historias-de-personas-detenidas-por-reclamar-cambios-en-cuba/

[6] Ilga Mundo database: https://database.ilga.org/cuba-lgbti-es

[7] Colombia Diversa (2020). 2020, el año con la cifra más alta de violencia policial, asesinatos y amenazas contra personas LGBT. Disponible em https://colombiadiversa.org/blogs/2020-el-ano-con-la-cifra-mas-alta-de-violencia-policial-asesinatos-y-amenazas-contra-personas-lgbt/

[8]Caribe Afirmativo (2021). Violencias contra personas LGBT a 20 días de Paro Nacional. Disponible en https://caribeafirmativo.lgbt/violencias-contra-personas-lgbt-a-20-dias-de-paro-nacional/

UN expert Vasilka Sancin: Nicaragua must re-establish effective communication with international mechanisms

San José, December 7, 2022.- The State of Nicaragua must reestablish “effective and constructive communication with all international mechanisms”, assured the former Vice-President of the Human Rights Committee and current member of the Advisory Committee of the United Nations Human Rights Council, Vasilka Sancin, in a press conference following up on the concluding observations issued by the Human Rights Committee last November 3.

The conference was also attended by Nicaraguan human rights defenders Alexandra Salazar, Coordinator of the Legal Defense Unit (UDJ), and Wendy Flores, Coordinator of the Human Rights Collective “Nicaragua Nunca Más”, who assured that the 17 observations of the Committee encourage them “not to stop demanding justice and freedom” and to continue their work of documentation and denunciation.

Of the recommendations addressed by the Committee, the speakers highlighted the situation of persons deprived of liberty for political reasons, the rights of indigenous and Afro-descendant peoples, the situation of women’s rights in the face of violence, the excessive use of state forces, the lack of independence of the branches of government, among others.

On the situation of persons deprived of liberty for political reasons, Ms. Sancin stated that the State of Nicaragua must take strong measures to “ensure that the right of habeas corpus is available to all detainees” and the application of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) in detention centers; and urged the Nicaraguan authorities to immediately release persons arbitrarily detained in the context of the socio-political crisis and the general elections of November 2021.

Sancin also referred to the need for Nicaragua to consider holding new elections “with full guarantee of the right to vote and freedom of candidates, according to Article 25 of the Convention (International Covenant on Civil and Political Rights), with the presence of international observers”.

On the other hand, Alexandra Salazar denounced that the State of Nicaragua “has instrumentalized the national legal system and other norms to violate the rights of the citizenry […]and to guarantee the repression and criminalization against those who oppose it or who dare to dissent from the political will of the party”.

Salazar also expressed the urgency of having a Human Rights Ombudsman’s Office that complies with the Principles Relating to the Status of National Institutions (Paris Principles) and “carries out its mandate in an effective and independent manner, especially with regard to acts of torture, ill-treatment, cruel and degrading treatment to which political prisoners are subjected”.

Wendy Flores, for her part, recalled that follow-up actions for the effective implementation of these recommendations should be carried out in Nicaragua “with human rights defenders who are still in Nicaragua” and with those who are in exile, and “in dialogue with the different State institutions on the challenges that each of them must face in order to improve and comply with international commitments and obligations”.

Unfortunately, “as the Committee has examined, a series of legal instruments must be reformed or repealed because they are incompatible with the obligations of the Covenant,” added Flores. Among these instruments, she mentioned the Law on the absolute criminalization of abortion and other laws that have allowed the increase of femicides and violence against women.

Finally, the expert invited the State of Nicaragua to implement the recommendations resulting from the review in order to overcome the crisis that has afflicted the country for more than four years, and recalled that the State Party has the duty to disseminate them widely with a view to raising awareness of the rights enshrined in the Covenant. Sancin expressed the hope that the State of Nicaragua would engage in a constructive dialogue with the Human Rights Committee before 2025, when the next review of Nicaragua will take place.

Permanent Forum on People of African Descent of the UN: Race and Equality and Brazilian CSOs Reaffirm their Commitment to Combat Systemic Racism

Brazil, December 23th, 2022 – Between December 5th and 8th, the first session of the Permanent Forum on People of African Descent took place in Geneva, Switzerland. Created through Resolution 75/314 of the United Nations General Assembly in 2021, the purpose of this consultative mechanism is to contribute to the fight against racism and to promote the rights of the black population, collaborating with the Human Rights Council and other UN mechanisms. The International Institute on Race, Equality and Human Rights (Race and Equality) was present at the Forum with Brazilian partner organizations including NGO Criola, Ilê Axé Omiojuaro, Geledés – Institute of Black Women, and the National Association of Travestis and Transsexuals (ANTRA).

The creation of this Forum emerged through the activities implemented by the International Decade of Afro-descendants. The event was attended by Epsy Campbell Bar, President of the Permanent Forum, and former Vice President of Costa Rica; Francia Marquez, Vice President of Colombia; and Federico Villegas, President of the UN Human Rights Council. Dr. Natalia Kanem, Executive Director of the United Nations Population Fund (UNFPA), oversaw the opening table ceremony. The Forum had more than 900 people (virtual and face-to-face), with almost 700 people present during four days of intense debates, including human rights activists, United Nations experts, and civil society of several countries whose work center around racial justice.

The convention was held through thematic panels, meetings, and featured 27 parallel events. Notable themes were identified in the fight against racism, racial discrimination, xenophobia, and other forms of intolerance, including shared strategies of good practice among civil society. The main debates centered on the fight against systemic racism and police brutality; the inclusion of Afro-descendants in the sustainable development agenda – climate justice; the right to redress; the drafting of the United Nations Declaration on the Right of Afro-descendant Peoples; the need for equity for all, and the need for intersectionality to understand the various forms of racial discrimination, with emphasis on the right of women, young people, the LGBTI+ community, and migrants.

On the last day, the meeting ended with conversations concerning the future of the Permanent Forum. All panels included the participation of civil society leaders with statements on the proposed themes. It should be noted that the Durban Declaration and its Plan of Action were mentioned continuously by all who were present. In addition, approximately 300 people were able to present their contributions to collaborate with the construction of the Forum. The event also featured a cultural activity through the presentation of the group, “Escuelita del Ritmo,” from Panama, and the group Ubufakazi Besoweto from South Africa.

Several Brazilian civil society organizations participated in the debates, including Race and Equality’s CSO partners in Brazil. These partners had the opportunity to condemn racism among cis and trans women, denounce maternal mortality, criticize systemic racism in the justice system, articulate the importance of combating religious racism, and expressed the need of the Forum’s commitment to support trans black women. From Race and Equality, the Executive Director, Carlos Quesada, and Race and Gender Officer in Brazil, Leilane Reis, were present. In her statement, Leilane Reis highlighted the importance of the interaction of the future United Nations Declaration with the Inter-American Convention against Racism, emphasizing that the present States that have committed themselves to ratify and implement the document must fulfill this promise in pursuit of the effective fight against racism.

To close the four intense days of dialogue and work, following the listening process, Rapporteur Michael Eachrane made a few preliminary remarks to the Forum’s Work Plan for the next three years, and expressed the need to extend the Decade of Afro-descendants to 2034. The next meeting will take place in May 2023 in New York. Race and Equality celebrates the implementation of the Permanent Forum on People of African Descent, and intends to contribute to all opportunities of collective construction by encouraging the participation of civil society and Afro-descendant activists in the fight for human rights.

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