Cuban Officials Disrupt Launch of the Campaign “Jailed for What?” in the ECOSOC Chamber of the United Nations

Cuban Officials Disrupt Launch of the Campaign “Jailed for What?” in the ECOSOC Chamber of the United Nations

New York. October 16th 2018. Cuban officials disrupted the launch of the campaign “Jailed for What?” organized by the United States Mission to the United Nations and the Bureau of Democracy, Human Rights, and Labor at the United States Department of State. During the event, which took place at the United Nations building in New York, a large group supporting the Cuban regimen constantly interrupted the speakers by banging on tables, stomping their hands and feet, and yelling statements such as “Cuba Sí, bloqueo no” (Cuba Yes, embargo no) and “Fuera de la ONU” (Get out of UN). Although the noise prevents the speakers from being heard properly in the camera, the disrupt did not prevent your message from being heard.

The purpose of the event was to present the human rights situation of political prisoners in Cuba, as well as describe the systematic acts of repression used by the Cuban government to silence the voices of dissidents. Ambassador Kelley E. Currie, U.S. Representative in the Economic and Social Council of the United Nations, gave opening remarks over the shouts of the Cuban officials noting that “Cuba’s political prisoners are a clear and unambiguous sign of the repressive nature of the regime. Their imprisonment represents a blatant affront to the fundamental freedoms enshrined in the Universal Declaration of Human Rights.” The Secretary General of the Organization of American States, Luis Almagro, in spite of the disturbances caused by the Cuban officials, denounced the government’s use of prison sentences for political and unjustified reasons against those who speak out against its policies and politics.

Additionally, he described how Cuba has exported its repressive tactics throughout Latin American, referring to the cases of Nicaragua and Venezuela. These countries have progressively dismantled democracy within their borders, with Cuban support. Secretary General Almagro also described how activists are incarcerated as a means to keep them quiet and prevent the world from knowing about the difficult circumstances that political prisoners face, pointing out that Latin America is saying the price for not timely addressing these situations that put human rights at risk.

Ambassador Michael Kozak from the Bureau of Democracy, Human Rights, and Labor sarcastically thanked the demonstrators for giving an unequivocal showing of Cuba’s respect for freedom of expression and invited the audience to reflect on the worrying situation faced by oppressed Cubans: “You can imagine what it’s like in Cuba – if this is the way the government of Cuba behaves in the chambers of the United Nations, with security present…you can imagine what it would be like to be an individual Cuban citizen trying to speak their mind.”

Against the wishes of the demonstrators, the event was able to continue with the remarks of Carlos Quesada of the International Institute on Race, Equality and Human Rights (Race and Equality), who described how the Cuban governments uses various aspects of its domestic law to criminalize human rights defenders, journalists, and another who expresses opinions against the government. He also expressed that Cuba should respect the right to freedom of opinion and expression and free the 139 political prisoners that are currently suffering in poor conditions and are subject to long hours of forced labor as well punishments that violate fundamental human rights.

Alejandro Gonzalez Raga, a former Cuban political prisoner, described his experience during his time in prison and called for solidarity with current political prisoners. He also indicated the need to urge the Cuban government to allow international human rights organizations to enter the country to monitor the difficult situation. Finally, Miriam Cardet Concepcion, sister of political prisoner Dr. Eduardo Cardet Concepcion, presented remarks via a video. She was unable to speak at the event in person because the Cuban government would not let her leave the island.

Race and Equality firmly rejects the acts of intolerance demonstrated today in the ECOSOC Chamber of the United Nations and strongly condemns the constant violations of the rights to freedom of expression, press, movement, and assembly that Cubans are constantly submitted to, especially activists, journalists, and human rights defenders. Additionally, we demand that the Cuban state free the 139 political prisoners that are victims of multiple offenses against their personal integrity. We insist on the need for Cuba to reform its Penal Code and Criminal Procedure Law to eliminate the criminalization of expression and ensure that the right to due process of all Cubans is respected.

We urge the international community to increase efforts to defend and recognize the rights of all Cubans. We reaffirm our commitment to the defense of the rights of every citizen in Cuba and our will to continue fighting for the freedom of all political prisoners.

Watch the event online here: http://webtv.un.org/meetings-events/watch/jailed-for-what-plight-of-cubas-political-prisoners-meeting-called-by-the-united-states/5849574028001

Vice-President of Costa Rica and Vice-Chairpersons of the UN CERD Committee highlight the need for states to develop Action Plans during the Decade for People of African Descent

“We cannot discuss the Sustainable Development Goals (SDGs) without taking into account historically-marginalized populations”

 

Coinciding with the 73rd General Assembly of the United Nations held in the city of New York, NY; the Permanent Mission of Costa Rica and the International Institute on Race, Equality and Human Rights (Race and Equality) organized a panel entitled “The United Nations Decade for People of African Descent: Recognition, Justice, and Development: The Need for Action Plans to Combat the Historical Inequalities Faced by Afro-descendants.” Epsy Campbell Bar, Vice President and Minister of Foreign Affairs of Costa Rica, and the Vice-Chairpersons of the Committee on the Elimination of Racial Discrimination (CERD), Gay McDougall and Pastor Murillo, participated in the panel. The purpose of the event was to explore strategies for the development of concrete action plans to combat historical inequalities faced by Afro-descendant groups in Latin America and the Caribbean. The panelists shared their expertise on international standards to combat racism, racial discrimination, xenophobia, and related forms of intolerance and discussed the possibilities of developing better practices to be considered by the Member States in implementing internal action plans.

The panel highlighted the importance of promoting concrete action plans that will result in increased programs to respond to the social and economic needs of the Afro-descendant population around the world. This is especially true given that it has been five years since the Decade for People of African Descent began and there are still many challenges to overcome, affirmative actions to develop, and plans to put into motion. In this regard, Carlos Quesada, Executive Director of Race and Equality and the panel moderator, stated “We do not want a second Decade for Afro-descendants to pass by without concrete plans. We deserve more than just declarations of intent – we need solutions.”

Following the introductory remarks, CERD Vice Chairperson Gay McDougall highlighted the structural obstacles that have impeded Afro-descendants from developing their full potential and urged states to review their laws and synchronize them with the objectives of the Decade. She emphasized that the objectives of the Decade will only be met if states have the political will to make it happen.

Vice President Campbell Barr indicated that all countries should be committed to overcoming the challenges of historical exclusion, racism, and discrimination. “Issues that effect Afro-descendants are not just for Afro-descendants, and the women’s issues are not just for women; these are issues for all States,” she stressed. Additionally, she highlighted the need to include racial self-identification questions in the censuses of the individual countries of the region in order to generate accurate population data about the Afro-descendant populations. Additionally, Vice President Campbell Barr called attention to the need to have concrete action plans created by and for Afro-descendants as part of the mandate of the Sustainable Development Goals (SDGs), as one cannot talk about meeting these objectives without considering their impact on historically-marginalized populations. For this reason, she questioned the audience about urgent problems in the areas of health, employment, education and violence – particularly against women – given that statistical indictors continue to show alarming levels of inequality and marginalization.

In his intervention, CERD Vice Chairperson Pastor Murillo warned about the difficulty states will have achieving the SDGs if they do not consider the needs of the Afro-descendant population. He indicated that only six countries in the Americas currently have affirmative action plans, and that very few Afro-descendants are found in parliaments and other government bodies. This phenomenon is proof that xenophobia and racism are global traits linked to the historical discrimination against this population. “Just as the profound causes of inequality against women have its roots in the historical discrimination they have experienced at legal and institutional levels of different states, the fight against racial discrimination has a similar history –it is necessary to rectify the injustices committed against these populations in order to cement plans, projects, and laws which will allow us to move forward,” said Mr. Murillo.

Despite many advances in recognizing the rights of the Afro-descendant population, there are many challenges to face in the next seven years of the Decade. According to the expert panelists, states must build bridges between the objectives of the SDGs and those of the Decade of Afro-descendants to improve the situation of the Afro-descendant population through state policies. Before that, States need to understand the realities face by Afro-descendant women, youth, and children. Special attention must be paid to the situation of pregnancy in girls and what measures governments can take for its prevention. States must also continue to incorporate the history and culture of the Afro-descendant population in their education programs. Censuses should include specially designed, culturally appropriate questions that will actually result in Afro-descendants self-identifying their race. Finally, the panelists called for countries that have yet to ratify the Inter-American Convention Against Racism, Racial Discrimination and Related Forms of Intolerance to do so in order to build a diverse and inclusive world, with social justice for all – especially for those who have been historically marginalized.

Race and Equality is convinced that the International Decade for People of African Descent represents an important commitment in the fight against racism. Therefore, it should be a priority for states to reflect on the urgent need to develop action plans that result in the protection of the human rights of Afro-descendants.

You can view the webcast of the event on our Facebook page: https://www.facebook.com/raceandequality/videos/905253373008442/

Cuba denies existence of racial discrimination to the UN CERD Commitee

Washington. Sept 16. 2018. On August 16, Cuba categorically denied the existence of racial discrimination in Cuba to the group of independent experts of the United Nations (UN) that form the Committee on the Elimination of Racial Discrimination (CERD) during the review of Cuba under the International Convention on the Elimination of All Forms of Racial Discrimination. The purpose of the review is for Cuba to present information on how it has implemented action plans to combat racial discrimination.

Rodolfo Reyes Rodríguez represented Cuba at the review and stressed during his presentation on behalf of the Cuban state that Cuba does not have a structural or institutional racism problem. He also emphasized that in Cuba, racial and ethnic minorities do not experience any difference in treatment legally, politically, or socially and that the concepts of “Afro-Cuban” or “Afro-descendant” do not exist in Cuba because this population is not regarded as any different from the rest of the population. He stated that according to the results of the 2012 population census, 9.3% of the population identified as Afro-descendant because of the mixed heritage of the population. He explained that all citizens self-identify themselves as white, mixed or black just based on the color of their skin, but all are considered Cuban citizens with the same inherent rights and responsibilities. (You can read the full presentation of the Cuban representative here)

In response to the information presented, the CERD Committee issued its report of recommendations on August 31. In the report, the Committee finds that, contrary to the information presented by the Cuban state, the Afro-descendant population in Cuba continues to suffer from racism and structural discrimination as a result of the historical legacy of slavery. The report also concludes that this discrimination is demonstrated by and results in this population being unable to exercise economic, social, and cultural rights to the same extent as other Cubans. According to the report, the Committee is concerned about the challenges the Afro-descendant population faces in accessing the labor market; the low levels of Afro-descendants in decision-making positions, both in the public and private sector; and the disproportionate levels of poverty affecting this population.

In its list of recommendations, the CERD Committee also expresses great concern that the methodology used in the census does not result in objective information that accurately presents the racial composition of the country. In this regard, the Committee calls on the Cuban State to review its methodology for collecting demographic data in the census in order to design questions and strategies with the input of the Afro-descendant population that will result in their self-identification and generate more accurate results.

The CERD Committee report calls on the Cuban State to include a clear and explicit definition of racial discrimination in its Constitution, which is currently being updated.

The Committee also recommends that the State include a gender focus in its policies and strategies to combat racial discrimination in order to address the many forms of discrimination affect women, particularly Afro-descendant women, who face greater obstacles in accessing the labor market. The Committee also stressed the need to create as opportunities for women to participate in politics and to hold decision-making roles.

The CERD Committee condemned allegations of harassment, intimidation, and hostility against those who defend the rights of Afro-descendants.

Specifically, the CERD Committee’s Rapporteur for Cuba, Silvio Albuquerque, mentioned violations of the right to freedom of movement. Juan Antonio Madrazo, Coordinator of the Citizen’s Committee for Racial Integration (Comité Ciudadano por la Integración Racial), was prevented from leaving Cuba to participate in the review, and Roberto Mesa, Coordinator of the Black Brotherhood (Cofradia de la Negritud) was arbitrarily detained a few days before he was scheduled to travel. The representative for Cuban denied any acts of repression taking place against human rights defenders, instead asserting that these individuals pass themselves as human rights defenders but are mercenaries of the United States, paid to make false allegations of human rights violations. In its report, the CERD Committee laments the Cuban government’s denial of these violations and their failure to take measures necessary to investigate them and prevent them from occurring.

Race and Equality observes the statements presented by the Cuban government to the UN CERD Committee with great concern. The lack of specific and conclusive information provided by the government as well as its flat denial of the discrimination and human rights violations suffered by Afro-Cubans is further evidence that discrimination and structural racism are alive and well in the country.

Race and Equality thanks the CERD Committee for the recommendations offered to the Cuban government, which are to be implemented into the laws and policies of the country in order to effectively guarantee the protection of the human rights of all Afro-descendants in Cuba.

International Bisexuality Day: A Day to Remember the Sexual Diversity that Comprises and Complements Our Society

Washington, September 22, 2018 – Each year since 1999, International Sexuality Day is commemorated on September 23rd: a day to remember the sexual diversity that comprises and complements our society, as well as the urgent need to continue working for the recognition of the rights to individual liberty, autonomy, and identity of all persons, regardless of their sexual orientation, and especially the assertion and recognition of the rights of bisexual persons.

To that end, we applaud with appreciation the recent press communiqué on International Bisexuality Day issued jointly by the Inter-American Commission on Human Rights and experts from the United Nations: we believe that these types of statements are essential in the fight against the ‘invisibilization’ of the barriers and discrimination that impact bisexual persons and provide concrete data that help to eradicate misconceptions that are permeated by stigmas surrounding bisexuality.  To that end, the authors state in the communiqué that bisexuality refers to “the capacity for emotional, romantic, and/or physical attraction to more than one sex or gender.”  From our work with our counterparts in the region, we note with concern the frequency with which the sexual orientation of bisexual persons causes them to experience significant discrimination, in that socially they are categorized as ‘indecisive,’ ‘undefined,’ or ‘promiscuous,’ in this manner alluding to an as-yet ‘undecided’ sexual orientation which needs to be ‘defined’ as heterosexual or homosexual.  The stigmas to which bisexual persons are subject result in the ‘invisibilization’ of their realities and experiences, as well as the lack of awareness regarding the multiple challenges [and] barriers [they face], as well as the violations of their human rights.

According to the International Lesbian, Gay, Bisexual, Trans, and Intersex Association (ILGA), bisexuality and bisexual persons are marginalized in all parts of the world, generating alarming figures of depression, isolation, health problems, and high rates of suicide within this population.  In addition, they indicate that the indices of domestic and psychological violence perpetrated against bisexual persons are much higher in comparison with what is experienced by homosexual or heterosexual groups.  In this same study, ILGA points out that “the reality of bisexual persons is unknown by social organizations and even by groups defending the rights of the LGBTI community” – the reason why there are few or no data from social and governmental organizations regarding the health, education, and access to reproductive rights of this population.  Likewise, the actions implemented by State organizations do not respond to the realities of persons with a bisexual sexual orientation.

In Latin America and the Caribbean, the social reality of bisexual persons is completely unknown.  It is as if they do not exist, given that people tend to feel such persons are “going through a phase or presenting a deviation from [normal] sexual conduct”; as such, no statistics or official data exist on the situation of this community, either at the level of the States in the region or at the level of civil society organizations, as the latter tend to address the situations of bisexual persons to a lesser degree.  In addition to this, the lack of knowledge, research, and comprehension of bisexuality becomes a worrisome limiting factor in identifying or defining barriers faced by bisexual persons.

Bisexuality is highly invisible in human rights practice and discourse; it is thus that this day becomes an opportunity to raise the visibility of the voices, stories, and experiences of bisexual persons, demand protection of the rights of all persons, demand research that will identify their needs throughout the world, and develop pedagogy regarding their reality.

Race & Equality calls on the States in the region, governmental institutions, and the LGBTI movement to fight against all types of discrimination and violence against the bisexual population.  We urge them to consider developing public policies that include bisexuality within [the larger topic of] sexual orientation and consequently, collect official data to internally counteract the violence and discrimination faced by bisexual persons.  Biphobia, as well as any type of expression of hatred or violence against the diverse forms of gender, identity, or sexual orientation are acts that diminish the possibility for constructing societies that are more inclusive, just, and respectful of diversity.

 

ECLAC monitors the 2020 Panama Census process and the participation of its Afro-descendant population

Washington, D.C. August 25, 2018. The Institute on Race, Equality and Human Rights (Race and Equality), together with the National Secretariat for Afro-Panamanian Development (SENADAP), arranged for the participation of Fabiana Del Popolo, Demography Coordinator at the Economic Commission for Latin America and the Caribbean’s (ECLAC) Latin American and Caribbean Demographic Centre (CELADE), in a meeting of the Afro-Descendant Technical Group. The meeting was designed to provide support to and empower members of the Afro-Descendant Technical Group.

A working table meeting held on August 22, 2018 at the United Nations Development Programme (UNDP) office in City of Knowledge, Clayton, Panama, was convened by SENADAP Director Urenna Best. The meeting also included the participation of Joyce Morris of the National Institute for Statistics and Census’ (INEC) Population and Housing Section, and Elvia Duque, Program Officer for Race and Equality. During the meeting, Fabiana Del Popolo stressed the fact that Latin America is the region with the highest levels of ethnic/racial inequality in the world and that Afro-descendants are the most vulnerable ethnic/racial group. Additionally, she described historical statistics of Afro-descendants in the region, the role of the various international treaties, and the advocacy work done by Afro-descendant activists to increase the amount of disaggregated data statistics available by race/ethnicity. She also urged those present to closely monitor the State’s level of accountability to its Afro-descendant population, specifically in relation to the goals/standards of the UN Decade for People of African Descent, CEPAL’s “Montevideo Consensus on Population and Development” (2013), and the UN Sustainable Development Goals (2030). She also presented a disaggregated comparative analysis of the different methodologies and post-census results on Afro-descendant and indigenous populations in Latin America.

Members of the Afro-descendant Technical Group were very interested in Ms. Del Popolo’s analysis, which described other census processes such as those in Costa Rica, Colombia, Brazil, and Venezuela as successful examples to follow. However, she stressed that “there is no perfect question,” referring to the drafting of a self-identification question for Afro-descendants. She explained that the context of these countries is different than that of Panama, but that they present similar challenges that have been overcome thanks to the empowerment of and increase in participation of civil society during the entire census process, as well as the technical support from data experts.

Ms. Del Popolo explained that experiences such as the 2010 Census in Panama must be observed and analyzed as a whole. The analysis should not just yield information on the population percentages but must also produce information on the inequality gaps reflected in these figures. This information will form the basis for advocacy tools that can be used to demand public policies in favor of the Afro-descendant population. In this respect, she noted that “we must be clear in what we are trying to measure with a census – whether it’s diversity or inequality of a populational group in particular, or other aspects.”

Similarly, the expert stressed the need to learn from other experiences, such as those of indigenous Colombians and the Afro-Peruvian population who, despite being minority groups, have generated strategies that have improved the position of their communities.

Ms. Joyce Morris of INEC presented an analysis of the background of the ethnic/racial self-identification question in Panama. She also presented, for the first time, an outline of the question and concepts that were to be included in the home surveys of August 26, 2018, which included changes requested by the Technical Group.

The session was concluded by highlighting the advances made in the 2020 Census in Panama, which features the elimination of filter questions that lead to the Afro-descendant self-identification question. She also stressed the need for the Afro-descendant Technical Group to receive proper permanent technical support. Race and Equality wishes to continue to contribute sustainable strategies to support the 2020 pre-census, census, and post-census processes.

Ms. Del Popolo also participated as a featured panelist at Casa Amarilla, a Presidential complex where, in front of Afro-Panamanian activists, she spoke about prior census experiences from Latin America which included the ethnic/racial self-identification question. She highlighted the importance of having an Afro-Panamanian Technical Group as the first step in aligning the goals of the Afro-Panamanian population with the INEC and other key entities of the 2020 census process. In her presentation, she also urged the public to find out more about the Technical Group and to support its work.

Elvia Duque stressed Race and Equality’s commitment to coordinate with SENADAP and support the Afro-descendant Technical Working Group during its interactions with the INEC and other government institutions. She also highlighted the need to create a roadmap that will allow them to focus on the goals and steps to follow. She stressed the Technical Working Group’s commitment to thoroughly examining the results of the 2010 Census and the subsequent household surveys in order to ensure that the 2020 Census reflects the reality of the Afro-Panamanian population.

ORTEGA OPENLY PROMOTES IMPUNITY IN NICARAGUA BY ORDERING THE DEPARTURE OF THE OHCHR

Washington, D.C. August 31. 2018. Following the release on 29 August 2018 of the conclusive report “Violaciones de derechos humanos y abusos en el contexto de las protestas en Nicaragua” [Human Rights Violations and Abuses in the Context of the Protests in Nicaragua] by the Office of the United Nations High Commissioner for Human Rights (OHCHR) that provides evidence of systematic human rights violations and calls for the creation of an international commission to ensure justice and reparations for the victims, Daniel Ortega, through the Chancellery of Nicaragua, ordered the members of the Nicaraguan Mission of the Office of the United Nations High Commissioner for Human Rights to leave the country.

 Race & Equality emphatically condemns this decision of the current government as constituting a negative precedent regarding the current situation in the country and which additionally demonstrates the unwillingness of the government to permit international scrutiny of its performance in the area of human rights and its eagerness to evade justice for the extremely grave human rights violations it has committed from 18 April [2018] to date.  With extreme concern we see how the decisions of the Ortega regime contribute to the impunity in the country and reinforce the logic of fear and death that bolster the state of defenselessness and vulnerability in which the Nicaraguan people live, especially those who today are persecuted, threatened, singled out, and arbitrarily detained by the regime.

This declaration made by the government clearly demonstrates its lack of interest in restarting a peaceful and democratic national dialogue that enables the crisis and its consequences to be overcome, and additionally lays bare a clear rejection of the recommendations proposed to date by the working groups of international bodies present in Nicaragua that urge, among others, that it cease the harassment, intimidation, persecution, [and] repression of human rights defenders, politicians, journalists, and protestors who oppose the repression committed by the regime.

We urge the government of Daniel Ortega to end the repression and flagrant human rights violations, in order to overcome the crisis which in the last four months has left more than 300 people dead, more than 2,000 people injured, hundreds arbitrarily detained, and thousands displaced.

Race and Equality supports a Nicaraguan delegation to the United Nation in Geneva, Switzerland

June 2018 – The Institute on Race, Equality and Human Rights (Race and Equality) supported a delegation of Nicaraguan human rights activists to the United Nations in Geneva, Switzerland  June 18-29 in order to raise awareness about the human rights situation  in Nicaragua before civil society representatives, governmental missions before the UN,  the UN System of Human Rights and the international community at large.   Among them,  Alexandra Salazar of the Network of Social Movements and Civil Society Organizations of Nicaragua, Oswaldo Montoya of the MenEngage Alliance, Ana Quirós of the Center for Health Information and Advisory Services (CISAS), and Anibal Toruño of Radio Darío.

Over the course of the two-week trip, the Nicaraguan activists met with important international actors, which included staff of the Office of the High Commissioner of Human Rights (OHCHR), members of international civil society, and representatives of the Permanent Missions of member countries – many from the Latin-American region – to present their stories and offer insight on the response needed to the current political crisis, including the repressions face and the increase of attacks against civil society representatives, students, the elderly, and other peaceful protestors. Their testimonies also sought to encourage the UN Human Rights Council (HRC) to issue out a communication requesting that the Nicaraguan government put a stop to the violence and repression.

The activists participated in two press conferences before national and international media, which was broadcasted live through our social platforms. During the debates, the activists denounced the repression and violations of fundamental human rights at the hands of “paramilitary”, “Sandinista mobs”, and “Parapolice” groups.

Groups can be seen here: — https://goo.gl/NdRgtN

In addition, the delegation participated in the plenary of the 38thperiod of the Human Rights Council (HRC), and in two parallel events. The first one, “Human Rights in Nicaragua: State violence and repression”, organized by the International Human Rights Network and the MenEngage Alliance, featured close to fifty participants, including Commissioner Joel Hernandez of the Inter-American Commission on Human Rights (IACHR). The event discussed the causes of the civil unrest and the presentation of a report by Nicaragua’s Permanent Commission on Human Rights’ (CPDH). The event concluded by urging the international community to denounce the situation in Nicaragua and to pressure the national government to put an end to the repression.

The event was broadcasted live through our social channels. You can see a replay here (in Spanish) — https://goo.gl/NdRgtN

The second event was organized by the Inter-American Commission on Human Rights, to present the report: Grave violations of human rights in the context of social protests in Nicaragua. It was also broadcasted in our social platforms and can be seen here: https://goo.gl/mmuPQZ

Finally, the Nicaraguan  activists urged the international community to continue pressuring the Nicaraguan government to accept a visit of the UN Office of the High Commissioner to the country (that was later accepted); to publicly denounce government actions against its own citizens; and to request that the UN and its member states form an Independent Investigation Commission to review and sanction all crimes committed. (at the time of drafting this release there were more than 200 registered deaths associated with the conflict.)

DID CUBA TELL THE WHOLE TRUTH TO THE HUMAN RIGHTS COUNCIL DURING THE UNIVERSAL PERIODIC REVIEW – UPR?

Several human rights defenders from Cuba considered a Country Report presented to the United Nations’ Human Rights Council as “false” after hearing the presentation of Cuba’s Minister of Foreign Affairs, Bruno Rodriguez. The report, once again, fails to paint an accurate picture of the existing situation of repression and violation of fundamental rights experienced by members of civil society in the island (watch a recording of the Cuba UPR review here).

On Wednesday, May 16, the Cuban state underwent its third Universal Periodic Review process – a mechanism of the UN Human Rights Council, in which Member States weight in on the country’s human rights situation and offer recommendations to the State, such as the ratification of treaties like the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights signed by Cuba in 2008. The Member States strongly denounced repeated attacks, acts of hostility, and intimidation against human rights defenders and expressed their concern at the lack of freedoms of opinion, expression, and association afforded to the Cuban population. The States also condemned the travel restrictions placed on human rights defenders, some of whom were scheduled to participate in the UPR (both the review and the Pre-Session).

The following infographic lists some of the recommendations of the different member states to the Cuban government.

According to reports by the independent Cuban newspaper “Diario de Cuba”, in response to the recommendations by member states, the Cuban government dismissed demands to respect fundamental freedoms. They also denied that persons who speak out against the government are being prohibited from traveling or that reprisals are being carried out against human rights activists. Instead, the State’s representatives argued that only individuals who fight in favor of a Communist revolution are worthy of being called human rights defenders in Cuba. “Agents of a foreign government” serving an external agenda that seeks to undermine the legal and political order that Cubans have “freely elected” are not considered human rights defenders. The State also stressed that as a sovereign entity, it has the right to determine its own interpretation of human rights and that existing US sanctions will not be allowed to interfere with the social and economic development of the island.

At Race and Equality, we observe with concern the lack of visibility of the actual situation of human rights in Cuba as we are witnesses to the harassment, retaliation and persecution that many human rights defenders in Cuba are forced to endure. We strongly condemn the Cuban State’s denial of its constant attacks against freedom of speech, opinion and association, and of movement, which are aimed at opposition members of Cuban civil society.  We also denounce the arbitrary travel restrictions the State has placed on dozens of human rights activists.

How did Colombia do at the Universal Periodic Review (UPR)?

On May 10, Colombia underwent a review of its human rights record during the Third Cycle of the Universal Periodic Review (UPR) in Geneva, Switzerland. The UPR is the main mechanism of the UN Human Rights Council to review the human rights records of each of the 193 UN member states and issue recommendations to improve the state’s public policies. After each revision, carried out every 5 years, a final report is issued that lists the recommendations which the state should implement before the next review period.

During the session, Colombia’s Minister of the Interior, Guillermo Rivera, stated that “today, Colombia is a different country” and that achieving lasting peace from the armed conflict is the best way to guarantee the promotion and protection of human rights for all Colombians. Additionally, during the session, the Minister spoke about the signing of the peace agreement between the Revolutionary Armed Forces of Colombia (FARC) and the national government in 2016 and the efforts to reach a similar agreement with the National Liberation Army (ELN).

The Minister also presented figures that indicated a reduction in rates of violence in 2017 to its lowest points in the last 42 years. Despite this figure, representatives of the countries present at the review continued to express concern for the high levels of violence, human rights violations, and murders of social leaders after the signing of the peace agreement.

Erlendy Cuero, the Vice-President of the National Association of Displaced Afro-Colombians (AFRODES), was present at the review thanks to the support of the Institute on Race, Equality and Human Rights (Race and Equality). She gave an overview of the situation of human rights in Colombia and urged the Colombian government to adopt the recommendations made by the States present at the review.

While the final report with the recommendations for the Colombian government is still being drafted, the following are some comments and suggestions mentioned by representatives of the States present during the review of the Colombian state:

 

Race and Equality hopes these recommendations will be significantly taken into account by the State when taking measures to protect the lives of social leaders and recognize the rights of Afro and indigenous communities, men, women, children, and the LGBTI population. The Colombian government must not wait to take action to reduce violence and human rights violations. The stable and lasting peace proposed in the peace agreement has not yet been achieved in the country.

CERD Committee evaluates discrimination in Peru

Six states – Kyrgyzstan, Mauritania, Nepal, Peru, Saudi Arabia, and Sweden – had the current situation of human rights in their countries reviewed during the working session for the 95thCommittee on the Elimination of Racial Discrimination (CERD).

The Committee called its session into order this past April 23rd in Geneva, Switzerland, and discussed the human rights situation of Kyrgyzstan, Mauritania, Nepal, Peru, Saudi Arabia, and Sweden. The review of Peru took place on April 25th and 26th in a dialogue guided by Pastor Murillo Martinez, CERD Independent Expert and UN Rapporteur for Peru. After listening to opening remarks by the State, he shared general insight on the racial discrimination that currently affects the country.

In his speech, Mr. Murillo congratulated the State for its steady economic growth as well as its leadership during the VIII Summit of the Americas – one of the most important events in the region. Additionally, the expert mentioned some of the biggest challenges facing democracy and politics and acknowledged advancements made. Important advances include the self-identification of various Afro-descendant and indigenous communities in the country as a result of the findings of the latest national census done in 2017.

During the session, the independent expert of CERD, Mr. Murillo Martinez, noted and commended the State for “taking a step forward” in its stance against discrimination, referencing the public apology issued to the Afro-descendant population by the state for its long history of abuse. Despite this progress, Mr. Murillo Martinez stressed the challenges Afro-descendant and indigenous populations face in being recognized, respected, and free from discrimination in the broader Peruvian society. He asked what specific actions the State is taking to combat these issues and suggested including a formal recognition of the ethnic diversity of the country in the Constitution, including a recognition of Afro-descendant and indigenous populations. Additionally, Mr. Murillo Martinez discussed the possibility of adopting quotas in government representation or other affirmative action steps for minority groups as a way to combat and eradicate the structural racism that persists in the country.

Additionally, members of the Committee expressed their appreciation for a presentation by Azucena Algendones, an Afro-Peruvian woman who shared her personal experience with discrimination. Ms. Algendones was the victim in the first racial discrimination case to be legally adjudicated in Peruvian history. She highlighted the difficulties she faced throughout the process.

In responding to the questions and comments of the Committee, the State first expressed its desire to support the establishment of anti-discrimination policies as well as policies to promote recognition and respect for the Afro-Peruvian and indigenous communities within the State’s Constitution. The State referenced an existing legislative proposal that will be discussed in Congress soon and affirmed that there are severe penalties for anyone who discriminates on any basis.

The state also referenced to a National Development Plan (PLANDEPA) created with specific strategies, actions, and objectives aimed at promoting inclusion and combatting racial discrimination. After considerable effort, the State has come up with a comprehensive plan that incorporates the input from over 180 NGOs but has asked the Committee for guidance on its implementation and follow-up

The State also assured the Committee that it is doing everything it can to implement training programs on indigenous and gender issues in various state bodies, including judicial agencies.

Due to the large number of questions that came out of the session and because of time constraints, the State agreed with the Committee to respond at a later time to written questions. The Final Observations of the Committee on the six states that were reviewed will be publicized on May 11, 2018.

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