Vitit Muntarbhorn appointed as first UN Expert on Sexual Orientation and Gender Identity

Vitit Muntarbhorn appointed as first UN Expert on Sexual Orientation and Gender Identity

Geneva, Switzerland. October 5, 2016. The appointment of Mr. Vitit Muntarbhorn from Thailand as the first UN Independent Expert on Sexual Orientation and Gender Identity (SOGI) marks an important step forward in the international effort to protect the rights of LGBTI people around the globe.

On September 30, 2016, the President of the Human Rights Council (HRC) announced Mr. Muntarbhorn as his chosen candidate to be the Independent Expert for the “protection against violence and discrimination based on sexual orientation and gender identity.” The Independent Expert will serve a three-year term with the possibility of holding the position for a maximum of six years. The position was mandated by the passage of the historic resolution A/HRC/RES/32/2 on June 30, by a vote of 23 in favor versus 18 against, with 6 abstentions. For more information about the resolution, see our article here.

The initiative to establish this important mandate was led by several States from the Americas, including Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay.

The Independent Expert will be tasked with assessing the implementation of existing international human rights law, identifying best practices and shortcomings, raising awareness of violence and discrimination based on SOGI, engaging in dialogue and consultation with States and other stakeholders, and providing advisory services, technical assistance, capacity-building, and cooperation to address violence and discrimination on the grounds of SOGI.

Mr. Muntarbhorn is a Professor of Law at the Chulalongkorn University in Bangkok. Since 2012, he has served as a Commissioner on the Independent International Commission of Inquiry on Syria and has served on many United Nations bodies throughout his career. (Find his full bio in here). Furthermore, he was the Co-Chair of the 2006 Yogyakarta Principles on the application of international human rights law based on sexual orientation and gender identity.

As the Council appointed the new mandate-holders on the last day of its session, Saudi Arabia (on behalf of the OIC, except for Albania) as well as the Russian Federation reiterated their position, already expressed during the 32nd session, that they do not recognize and will not cooperate with the new Independent Expert for protection against violence and discrimination based on sexual orientation and gender identity.

The Institute on Race, Equality and Human Rights welcomes the appointment, especially in light of the grave human rights violations LGBTI people suffer in Latin America, with many of the most vulnerable persons being Afro-descendant LGBTI people and transgender women of color. We look forward to a fruitful collaboration with the newly installed Independent Expert in the coming years.

For more information, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

Uruguay: The Institute Holds Advocacy Workshop on the UN Committee on the Elimination of Racial Discrimination (CERD)

Montevideo, Uruguay. At the request of the organizations Colectiva Mujeres Afro, Ovejas Negras and the Comité de América Latina y el Caribe para la Defensa de los Derechos de la Mujer, on August 22 the Institute on Race, Equality and Human Rights conducted an advocacy workshop United Nations Treaty Bodies: The Committee on the Elimination of Racial Discrimination (CERD). The objective of the workshop was to lay the groundwork for a civil society report to be presented in Geneva, Switzerland, as part of the Uruguay’s review by CERD.

The workshop was held at the Educational Center of the Spanish Agency for International Development Cooperation (AECID). Manuel de la Iglesia-Caruncho, Director of the Center, said that the workshop was very important in order to “monitor the progress and challenges” regarding the situation of racial discrimination in the country. Manuel also agreed to make the Center available for any follow-up meetings to be held after the workshop.

During the course of the workshop, Carlos Quesada, the Institute’s Executive Director, gave an overview of the UN human rights system, its special procedures and treaty bodies, including CERD, to participants from more than 20 Afro-descendant, women’s rights, sexual diversity and human rights organizations. In addition, participants were able to examine in-depth CERD’s recommendations to Uruguay following its last review in 2011, as well as the report submitted by the State for review in 2016.

Vicenta Camusso, of the Organización Colectiva Mujeres Afro welcomed the Institute’s technical assistance during the process and underscored the importance that civil society organizations establish their topics to be presented to the Committee. Indigenous representatives and members of the Afro-descendant LGBTI community expressed concerns about the current lack of information about their communities included in reports by both government and civil society, and expressed their appreciation for being invited to take part in the event.

Graciela Dede, Human Rights Adviser to the Office of the Resident Coordinator for the United Nations in Uruguay, expressed her support for continuing efforts after the conclusion of the successful workshop, and said that she would hold a follow-up meeting soon to ensure the full participation of civil society at the review session, having already been in communication with the CERD Secretariat about a video conference.

Among the results of the workshop are the establishment of a Follow-Up Committee, which will draft a civil society report on behalf of the coalition of organizations bringing together the different participating groups. Carlos Quesada, Director of the Institute, reaffirmed the Institute’s commitment to accompany representatives of Afro-Uruguayan civil society to present the report in Geneva.

The Institute works to support Afrodescendant and LGBTI civil society organizations in their advocacy efforts at the Inter-American human rights  protection system and the UN human rights system.

Conclusion of the 32nd Session of the United Nations Human Rights Council

Geneva, Switzerland. July 6th. This week marked the end of the 32nd session of the United Nations Human Rights Council. Although several State Parties firmly opposed some of the most relevant resolutions, many good results were achieved.

One of the most significant achievements of the session was the creation of a new UN Independent Expert on violence and discrimination based on sexual orientation and gender identity (SOGI). Although it was a tough debate, as mentioned in our previous article, the decision to create a new SOGI mandate puts LGBTI rights and international protection of the LGBTI community as a permanent priority in the UN agenda.

Other major achievements were the adoptions of two thematic resolutions, one on violence against women and another on discrimination against women, which renewed the mandates of the two Special Rapporteurs, ensuring continued UN expert attention to relevant issues such as violence against indigenous women and girls, discrimination to women in access to health care, including with regard to sexual and reproductive health and rights.

Also, the mandate of the Special Rapporteur on freedom of association and peaceful assembly was renewed by consensus for another three years. Mr. Maina Kiai, the current mandate holder, will continue in the job until March 2017.

The International Institute on Race, Equality and Human Rights, signed a call to action for States and the UN to reverse the global crackdown on civil society, the open letter was signed also by more than 240 civil society groups from over 90 countries, including many from Latin America and the Caribbean

Other matters discussed:

  • The Council agreed to renew the mandate of the Independent Expert on Côte d’Ivoire, but the resolution stated that the mandate was extend for its final time.
  • The mandate of the Special Rapporteur on Eritrea was also renewed. The General Assembly was asked to submit the relevant report to other UN bodies, meaning the Security Council.
  • The Council also renewed the mandate of the Special Rapporteur on
  • Mexico requested the High Commissioner to report on the promotion and protection of the human rights of migrants in the context of large movements.
  • The High Commissioner provided an update on the human rights situation in Sri Lanka highlighting his concerns including counterterrorism and witness protection laws. He emphasized the need for international involvement in the transitional justice mechanism, to ensure accountability.

The Human Rights Council will hold its thirty-third session from 13 to 30 September 2016.

 

For more information, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

Human Rights Council Discusses Racism, Racial Discrimination, Xenophobia and Related Forms of Intolerance

Geneva, Switzerland, June 29th The Human Rights Council held earlier this week, an interactive dialogue with Mr. Mutuma Ruteere, the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance, who presented three reports to the Council, followed by a general debate on racism and racial discrimination.

In the presentation of the reports, Mr. Ruteere said that the first of his thematic documents focused on xenophobia, its trends and manifestations, especially in the context of the current migration crisis. He reminded States that strategies for countering xenophobic discrimination must be context-specific and carefully adapted to domestic realities, in which the role of local actors is paramount in designing and implementing tailored, local administrative and other measures to overcome local barriers to integration and peaceful cohabitation. When referring to his second report, on combatting the glorification of Nazism and neo-Nazism, Mr. Ruteere mentioned the violence perpetrated against Roma, Muslims, Jews and other minorities and vulnerable groups, also, he expressed concerns about cyber-racism and hate propaganda through social media platforms, as well as about the proliferation of extremist groups in sports. The third report was on his country visit to Greece.

Following the reports’ presentation, came the interactive dialogue, where delegations expressed concern that many of the issues raised in the report showed no signs of improvement and noted the continued threat to human rights and democracy of extremist political parties and movements, whose influence had increased in several areas of the world, particularly in Europe, where extremist parties occupied seats in national and regional parliaments. Speakers stressed the need for strong government response to racism and hate speech, including against refugees and migrants, and called for comprehensive strategies that would incorporate legal, educational and capacity building measures.  Speakers also addressed the crucial role that civil society could play in tackling xenophobia at the community level and said that their initiatives should be supported and not suppressed by state authorities.

He also said that in the current era of increased mobility, widespread forms of overt physical violence, hate speech, and discrimination were rooted in xenophobia.  He recommended that governments and stakeholders give due attention to a set of key elements in designing and implementing strategies with improved effectiveness. These included a local diagnosis of the situation, implementing preventive actions, promoting social solidarity, identifying the appropriate scale of intervention, the complementarity of strategies, and review and assessment.

The Special Rapporteur stressed the importance of cooperation between States, civil society organizations and technology actors for addressing online manifestations of racism. He also underlined the role of civil society organizations working with migrants at the local level in supporting access to justice for victims of xenophobic discrimination or xenophobic violence.  He then said that States had the obligation to prohibit the proliferation of racism in consistence with their human rights obligations.  Turning to the intersection with gender issues, he said that many women migrants were subjected to sexual violence.  Recognizing the intersectionality between gender and race was crucial to fully address the issue in all its dimensions. Next year, his report will be about counterterrorism and the problem of xenophobia.

The International Institute on Race, Equality and Human Rights welcomes the reports of the Special Rapporteur on racism, racial discrimination, xenophobia and related forms of intolerance, especially the mention of the intersectionality between gender and race. We call on State Members to follow up on the commitments in the Durban Declaration and Programme of Action and prioritize the fight against racism, racial discrimination, xenophobia and related forms of intolerance.

 

Full report can be found in here.

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

The United Nations Human Rights Council establishes Special Expert to protect the LGBTI community

Geneva, Switzerland. 30 June 2016. In its 32nd session, the UN Human Rights Council has created an Independent Expert dedicated to sexual orientation and gender identity issues.

The historic resolution passed in a tight vote of 23 to 18, with 6 abstentions. The person appointed to this role will be known as an “independent expert” and the position is charged with monitoring “violence and discrimination based on sexual orientation and gender identity.”

This represents the most ambitious effort yet to advance LGBT rights within the United Nations system, with the resolution including the strongest language to date suggesting LGBT rights should be a concern of international human rights law.

During the three-hour voting session, the original resolution co-sponsored by the Governments of Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico and Uruguay was weakened by a series of amendments led by regressive countries like Russia, Pakistan, Egypt and Saudi Arabia, urging the other States not to commit, and pledged not to cooperate with the Independent Expert, despite the support the co-sponsors were getting from countries like UK, Switzerland, Netherlands, Germany and France.

The opponents of the resolution, led by Pakistan on behalf of almost all members of the Organization for Islamic Cooperation (OIC), succeeded in adding amendments that framed the LGBT rights proposal as a cultural imposition intending to override local values and sovereignty. Other amendments included one urging respect for local values, “religious sensitivities,” or domestic politics and another one suggesting that the resolution undermines universal human rights values to “impose concepts or notions pertaining to social matters, including private individual conduct.” Albania, which is a co-sponsor of the resolution, was the sole member of the OIC to break from the bloc.

In the end, the outcome was positive although most of the amendments suggested by Pakistan and the OIC were adopted.

In the aftermath of the Orlando, Florida attacks in the United States, the International Institute on Race, Equality and Human Rights, consider this resolution as a huge step in the right direction, congratulates the Latin American Countries that co-sponsored this very timely resolution and looks forward to engage with the new independent expert.

 

For more information, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp

Mandate Holders Present Thematic Reports at the Human Rights Council

Geneva, Switzerland. June, 24th.  Over the last two weeks, the Human Rights Council has been holding its 32nd session, and in the past few days, several of the UN Special Procedures Mandate Holders have presented their thematic reports during interactive dialogues where all States, National Human Rights Institutions and NGOs can comment, ask questions, make suggestions and even sometimes complaints.

Four of those thematic reports are of our immediate concern. The International Institute on Race, Equality and Human Rights congratulates the experts and their staff for their very comprehensive reports, which touch upon current challenges to protect and preserve human rights across the world.

The first report that concern us, was the shared by Mr. David Kaye, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression presented who expressed his concerns on freedom of expression and the private sector in the digital age.

In his report, Mr. Kaye noted that recently, it is the private sector who is the driving force behind the greatest expansion of access to information in history.  Yet, the digital age has brought with it new questions and problems that international human rights mechanisms have not yet fully addressed. This report launched a multi-year endeavor to identify appropriate human rights norms for the private sector in the digital space and is the first step in an effort to identify the ways in which freedom of expression might be protected and promoted in the digital space.

During the interactive dialogue, speakers –States and Non-State actors- emphasized the importance of new information technologies and the Internet as a tool to promote peace, knowledge and economic growth.  They said that the right to privacy should not be undermined in the digital space and that freedom of expression online and offline must be practiced responsibly. They also noted that expansion of new technologies presented unprecedented new opportunities for freedom of expression, but also specific challenges needed to be overcome, such as repressive legislation, censorship and threats against journalists.

 

Full report can be found here.

 

The next day, Mr. Maina Kiai, Special Rapporteur on the rights to freedom of peaceful assembly and of association, presented his report on fundamentalist intolerance and its degrading effects towards assembly and association rights worldwide.

In this report he explores the phenomenon of fundamentalism and its impact on the exercise of the rights to freedom of peaceful assembly and of association. During the interactive dialogue, Mr. Kiai said that assembly and association rights are indispensable to democracy and development, as the glue that brought people together to explore society’s problems and solve them.  He said fundamentalism could include any movement, not just religious ones, that advocated strict and literal adherence to a set of basic beliefs or principles.

His report discussed four distinct types of fundamentalism: free market fundamentalism, political fundamentalism, religious fundamentalism and nationalist or cultural fundamentalism. The report, at its core, is about the struggle between tolerance and intolerance. Peaceful assembly and association rights are so fundamental, in part because of their crucial role in promoting pluralism.  He detailed the challenges each of the four types of fundamentalism he had identified presented to the rights to freedom of peaceful assembly and of association, noting that regarding political fundamentalism, his report cited the Democratic People’s Republic of Korea, Bahrain, China, Cuba, Eritrea, Lao People’s Democratic Republic, Oman, and Saudi Arabia as notable examples.

He stressed that it is fundamental for people to have a system which would allow them to disagree with mainstream opinions.

 

Full report can be found here.

 

A few days later, the Human Rights Council began its clustered interactive dialogue with Dubravka Šimonović, Special Rapporteur on violence against women its causes and consequences, and Frances Radday, Chair of the Working Group on discrimination against women in law and in practice.

When presenting her report, Ms. Šimonović said an intermediate priority for the mandate would be to focus on the use of data on violence against women as a tool for its prevention and that in that regard she had already called upon States to establish a “femicide watch” or a “gender-related killing of women watch”, in order to inform the effective measures and strategies needed to prevent femicides. Other thematic priorities would, inter alia, include the protection of and services for women survivors of violence; the possibility of formulating a global code of conduct for security and police forces in carrying out their key role of prevention of violence against women; violence against women in the context of forced displacement and refugee flows; and the examination of connections between fundamentalism and gender-based violence against women and its root causes.

This thematic report examined the general context and main trends and challenges posed by violence against women, noting that the legal and policy landscape around the mandate had changed owing to developments in international and regional frameworks and mechanisms on violence against women.  At the same time, violence against women was still at pandemic levels, widespread and persistent.

Later, in her presentation, Ms. Frances Raday, Chair of the Working Group on discrimination against women in law and practice, presented the Group’s thematic report on discrimination against women in the area of health and safety.  Women’s right to equality in health and safety, including reproductive and sexual health, are enshrined in international and regional human rights instruments. The different biology of women and men necessitated differential treatment in the area of health, an identical approach to treatment, medication, research, budgeting, and accessibility to health services for women and men in fact constituted discrimination. The Working Group called on all Member States to reaffirm and respect the commitments they had made in the Sustainable Development Goals and other agreements.

In the interactive discussion, concerning violence against women, speakers underlined the issue of violence against women in the context of conflict, namely sexual harassment, early marriage, violence during conflict, fight against stereotypes and female genital mutilation.

As for discrimination against women in law and practice, speakers raised concerns over the disproportionate level of discrimination against women in the area of health and safety, particularly in their right to sexual and reproductive health.  Health policies tailored to specific needs of women should not be politicized, and it was vital for women to participate in all decision-making.  Speakers insisted on the importance of ensuring the security and health of all women through targeted measures, appropriate budgets and monitoring activities.

Women’s rights had to be viewed in a holistic way.  There had to be an emphasis on the provision of affordable and modern contraception, and family planning.  Due diligence was an obligation under the Convention on the Elimination of All Forms of Discrimination against Women and under that obligation States not only had to provide health services but also had to regulate private sector health providers to prevent discrimination. Good practices in general would be examined by the Working Group in its next annual report.

 

Both reports can be found here.

 

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp and follow @raceandequality on Twitter.

Opening Statement by United Nations High Commissioner for Human Rights

Geneva, Switzerland. June,13th 2016. The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein, delivered this morning his opening statement at the Human Rights Council. Today, he sent a strong message to the international community which he claims it is no longer acting as one.

“When the Inter-American Commission announces it has to cut its personnel by forty percent – and when States have already withdrawn from it and the Inter-American Court…do we really still have an international community? When the threads forming it are being tugged away and the tapestry, our world, is unravelling? Or are there only fragmented communities of competing interests operating behind a screen of feigned allegiance to laws and institutions?”, asked the High Commissioner.

He continued saying that hate is becoming mainstreamed and “walls –which tormented previous generations, and have never yielded any sustainable solution to any problem– are returning”. He mentioned the ongoing backlash against public freedoms, crackdowns on civil society activists and human rights defenders and the fact that judicial institutions which act as checks on executive power are being dismantled around the world.

The High Commissioner continued with his update outlining some very pressing human rights concerns across the globe, focusing in every region. When he mentioned the Americas, he started condemning “with the greatest possible force the outrageous attacks by violent extremists on innocent people, chosen at random, or because of their presumed beliefs, or opinions, or their sexual orientation”.

He then highlighted how the Inter-American Commission for Human Rights is an important strategic partner and inspiration for the United Nations system, and a vital human rights actor within the region. The financial crisis that it faces is alarming, so he called on Member States from the Americas, who so constructively engage with the Human Rights Council, to also come out in defence of their regional human rights system through regular financial contributions.

Regarding the very high incidence of gun violence and gun-related deaths, the Office of the High Commissioner says, the Americas have by far the highest rate of intentional homicide of any region in the world. Many of these crimes can be linked to organised criminal gangs, which also drive corruption of the judiciary and other institutions.

When mentioning country situations in the Americas he noted the following:

  • In El Salvador, violence has risen steadily and, last year it had by far the highest murder rate of any country in the world not at war. Pervasive violence has forced thousands of people to migrate, mainly to the US, including unaccompanied children who fear they will be killed if they refuse to enrol in gangs.
  • Regarding the situation in Venezuela, he shared the concerns of the Organization of American States, as well as its conviction that a solution to the current critical situation cannot be imposed from outside but must come from Venezuelans.
  • In Guatemala, he welcomed the launch of a national dialogue on justice reform in response to numerous recommendations by his Office regarding judicial independence, access to justice and institutional strengthening.
  • Haiti still does not have a constitutional President, and this lack of stable governance structures is impeding action on a wide range of crucial human rights issues. The fate of Haitians and people of Haitian descent deported from the Dominican Republic is also of concern.
  • He welcomed the historic ruling two weeks ago in Argentina regarding Operation Condor. Fourteen former military officials from Argentina and Uruguay were found guilty of crimes and human rights violations, including torture. This landmark of accountability will finally bring a measure of peace to the families of the countless victims.
  • The greatest threat to the dividends of peace in Colombia, is the risk that violence and human rights violations will be generated by struggles for control of illicit coca growing and illegal mining, following demobilisation.
  • In the United States of America, although federal civil rights legislation has had undeniable positive impact, many African Americans in particular struggle to achieve their rights to full equality. Especially when they are poor, African Americans are more likely to be exposed to violence and crime, less likely to achieve a decent education and will have fewer employment opportunities, receive less adequate health care and face more violent interactions with the police. There is a need for much more action to address structural racial discrimination in the country.
  • Accountability and justice must be upheld in cases of excessive use of force by law enforcement officials. The findings by the Working Group on People of African Descent say ID laws have discriminatory impact on minorities.
  • Regarding the topics raised in the light of the International Decade for People of African Descent, he noted a continuing low political representation of Afro-descendants in Latin America and the Caribbean are noticed. There are around 150 million people of African descent in the region, amounting to about 30 percent of the population. They make up more than half the population of Brazil and well over ten percent of the population of Cuba, but their representation in high levels of government, including Ministerial Cabinets, is far lower. Representation matters. This deficit of representation at the summit of power affects all of society: parliaments, workplaces in the public and the private sectors, schools, law courts, the media – all of them places in which the voices of Afro-descendants are given too little weight. The voices, the choices, the experiences and the faces of Afro-descendants need to be better reflected in government.

Lastly, the High Commissioner mentioned the state of implementation of a resolution on treaty body strengthening as globally positive. The treaty body system is making strides towards greater efficiency and effectiveness, as attested by the notable increase in State party reviews, examinations of individual communications and field visits.

He ended his update by suggesting some tools which can roll back negative forces and revive the resilience and unity of societies around the world: equality, dignity, participation and respect. “Conflict can be prevented, and peace, security and development can be strengthened or rebuilt, brick by brick…Despite the often terrible trends that I have outlined in this discussion, I firmly believe that it is not yet too late to act”, he concluded.

Full opening statement can be found in here.

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp and follow @raceandequality on Twitter.

The UN Human Rights Council 32nd Session and 10th Anniversary

Geneva, Switzerland. June 13, 2016– The UN Human Rights Council started its 32nd regular session today at Palais de Nations in Geneva, and will go on until July, 1  2016.

This year marks the 10th anniversary of the formation of the UN Human Rights Council, and it presents an opportunity to weight challenges and achievements, talk about ongoing initiatives and also make the relevant and pressing changes to improve human rights promotion and protection across the globe.

Resolutions for this Session

More than 25 resolutions will be presented during this session, several of them concern our mandate and we will be attentive of the outcome, those are the following:

  1. Resolution on the protection of civil society space (Ireland, Chile, Japan, Sierra Leone and Tunisia)
  2. Resolution on accelerating efforts to eliminate all violence against women, with a focus on preventing and responding violence against Indigenous women (Canada)
  3. Resolution on human rights, sexual orientation and gender identity (Uruguay, Chile, Colombia, Argentina and Brazil)
  4. Resolution on freedom of peaceful assembly and association (Maldives, Czech Republic, Indonesia, Lithuania, USA, Mexico, Nigeria)
  5. Resolution on Racism and Women (Brazil)
  6. Resolution on the fight against discrimination against women in law and practices with a focus on the working group’s report on health and safety (Colombia and Mexico)
  7. Resolution on Discrimination against women and children in nationality laws (USA, Australia, Botswana, Colombia, Mexico, Slovakia, Turkey)

Panel Discussions

There are 6 panel discussions scheduled for this session, two of them concern us directly:

  • The High-level panel discussion on the occasion of the tenth anniversary of the Human Rights Council: achievements and challenges. This discussion will take place on Monday 13 June 2016 at 15:00 in Room XX. The discussion will be focused on the achievements and challenges faced by the Council. Former and current presidents of the HRC will share their experiences.
  • The annual full-day discussion on the human rights of women will take place on Thursday 16 June 2016 at 09:00. Violence against indigenous women and girls and its root causes will be the first theme for the first half of the day. The second discussion will take place starting at 15:00 and will focus on Women’s rights and the 2030 Agenda for Sustainable Development: delivering on the promise to leave no one behind. The panel will aim to link the rights of women to the other Sustainable Development Goals, especially discrimination against women and gender equality.

Other Relevant Events

  • Event on the occasion of the 10th anniversary of the Council, Monday 13 June, organized by Switzerland and the State of Geneva. This event is scheduled for 18:15, outside of Room XX.
  • Side Event on preventing and accounting violence against women, Tuesday 14 June, organized by Netherlands and Muslim for Progressive Values. This event is scheduled for 8:30 in room XXIII.
  • Side Event for the 10th anniversary of the HRC on challenges and achievements of Human Rights, Tuesday 14 June, organized by Uruguay and the Francophonie. This event is scheduled for 13:00, in Room IX.
  • Side Event on Violence against indigenous women, Wednesday 15 June, organized by Canada. This event is scheduled for 13:00, in Room XXV.

 

The International Institute on Race, Equality and Human Rights works to enhance the visibility of afro-descendants, women and LGBTI groups in the universal system and also to facilitate interactions within national and regional NGOs and the United Nations. The International Institute on Race, Equality and Human Rights advocates against racial, ethnic and gender discrimination and fights against discrimination based on sexual orientation or gender identity. 

For more information on the Human Rights Council, please contact our Legal Adviser in Geneva, Laia Evia, at Evia@oldrace.wp or follow @raceandequality on Twitter.

89th Session of the Committee on the Elimination of Racial Discrimination (CERD) Begins in Geneva.

Geneva, Switzerland. April 25, 2016

The opening session of the Committee for the Elimination of Racial Discrimination (CERD) took place April 25th in the Palais Wilson (house of the League of Nations) in Geneva, Switzerland. The session began with a welcome by Chairman José Francisco Cali Tzay from Guatemala, who wished the Committee a good and productive session in Mayan, his native language.

Soon after, the Committee moved on to nominate a new chairperson who will chair the Committee for the next two years. All members nominated Ms. Anastasia Crickley from Ireland, highlighting her longstanding commitment and experience in the fight against racial discrimination. Ms Crickley was elected Chairwoman of CERD by consensus.

As soon as she took the podium, Ms. Crickley acknowledged the improvements CERD has made since its creation, but also noted the existence of new manifestations of racial discrimination, such as discrimination against migrants and refugees everywhere. She also emphasized that women all over the globe suffer from the combination of racial discrimination and gender oppression, and encouraged the rest of the Committee members to look into the intersectionality of racial and gender discrimination.

“As a group we have a big job, we need to shepherd the world towards one free of racial discrimination. Our job is an important one, to support all others who are involved in implementing the Convention globally,” said Ms. Crickley.

Ms. Crickley is the twelfth woman elected since CERD’s inception, a that fact was highlighted by the Secretariat of the Office of the High Commissioner for Human Rights (OHCHR), who also congratulated the members of the Committee for being the first panel with at least forty percent women members, as opposed to previous years where a vast majority of members were men.

This is the first time since its creation in 1970 that seven out of eighteen members of the Committee are women. “This gender-balanced panel—never achieved before—is exactly what we need to stand for what we preach. We hope it is a step towards a more efficient and accurate Committee,” said the OHCHR representative.

Following the OHCHR intervention came the swearing-in of the nine newly-elected members of the Committee, who will begin their assignment today and serve until 2020. The new members sworn in for their new terms were: from the Americas, Ms. Gay McDougall from the United States, Mr. José Francisco Cali Tzay from Guatemala, Ms. Verene Shepherd from Jamaica, and Mr. Pastor Murillo from Colombia, and from other regions, Mr. Alexei Avtonomov from Russia, Ms. Fatimata-Binta Dah from Burkina Faso, Mr. Nicolás Marugán from Spain, Ms. Yemhelhe Mohamed from Mauritania and Ms. Yanduan Li from China.

Other Committee members are: Chairwoman Ms. Anastasia Crickley (Ireland), Mr. Marc Bossuyt (Belgium), Mr. Noureddine Amir (Algeria), Ms. Afiwa Hohoueto (Togo), Mr. Anwar Kemal (Pakistan), Mr. Melhem Khalaf (Lebanon); Mr. Gun Kut (Turkey), Mr. José Lindgren Alves (Brasil) and Mr. Yeung Sik Yuen (Mauritius), all of whom will end their assignment in 2018.

In this 89th session, CERD will examine the reports of six States parties: Azerbaijan, Georgia, Namibia, Oman, Rwanda and Spain.

For more information please contact our Legal Adviser in Geneva at Evia@oldrace.wp

 

The Committee is Not a Just a Cheering Committee: Interview with Pastor Murillo

Carlos Quesada and Dominic Procopio of the Institute on Race, Equality and Human Rights traveled to Bogota, Colombia during the second week of November in order to meet with our Colombian partners. While in Bogota we had the pleasure of speaking with Pastor Elías Murillo Martínez, Independent Expert on the United Nations Committee on the Elimination of Racial Discrimination (CERD) for the last eight years.

As the first year of the the UN-declared International Decade for the People of African Descent (2015-2025) comes to a close, the Institute wanted to take advantage of the opportunity to speak with the person responsible for launching this important initiative. During the Decade it is hoped that national governments will dedicate special attention to the human rights of Afro-descendant communities. Its three primary courses of action will address the issues of Recognition, Justice and Development.

Considering that the 50th anniversary of the establishment of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) will be celebrated on December 21, 2015, we at the Institute felt it was an opportune time to highlight the Committee’s important work.

In preparation for upcoming research work on the impact of the Convention and the Committee in Latin America, we interviewed Mr. Murillo about his work with CERD in general, CERD’s work in Latin America more specifically, and the relationship of the Committee with governments and civil society in the region.

Could you tell us a little about your educational background and your work before you became an Independent Expert of the Committee for the Elimination of Racial Discrimination?

I am an attorney specializing in environmental rights and the analysis of social problems with a human rights focus. I became involved at a very young age in the fight against racism and racial discrimination, perhaps inspired by the particular situation of my hometown, Andagoya [Chocó, Colombia]. In Andagoya there were schools for whites and schools for blacks, public pools for whites and pools for blacks. It was in this context that I grew up.

Later, after having finished law school, I had the opportunity to take part in the drafting of Law 70 in 1993, the law establishing the rights of black communities, as well as to contribute in other areas related to the Afro-Colombian population as Director of Black Community Affairs in the Colombian Interior Ministry, where I was in charge of public policy toward Afro-Colombians.

I was elected to CERD for the period between 2008-2012, reelected for 2012-2016, and now recently elected for a third term, from 2016-2020.

In your capacity as as CERD Independent Expert you have worked as Rapporteur for several countries. For which countries have you served as Rapporteur?

I have been Rapporteur for Suriname, Guatemala, Mexico, El Salvador, Honduras, Cuba, the Dominican Republic, Peru and Costa Rica, amongst others.

Speaking of the work of the Committee. From your point of view, what are some of the greatest challenges facing the Committee in its work against racial discrimination?

Sadly, the phenomena of racism and racial discrimination are universal, latent and ongoing in all parts of the world. And while it may take different forms or shapes in one country or the other, in the end it remains racism, racial discrimination, xenophobia or other connected forms of intolerance.

At this time at the global level, I would say that there are two or three phenomena that are especially worrying to the international community and, in particular, to the Committee. One involves the political use of xenophobia, particularly by parties of the extreme right that use hate and the rejection of foreigners as a weapon to gain political advantages in their respective countries. This is a highly dangerous situation that requires our full energy to combat. Another area is the use of racial profiling in the United States and in Latin America. Without a doubt this is an especially worrisome situation, not only for the US but for the entirety of the international community. With regard to the Committee, we have been able to verify the phenomenon in the complaints we have received of the practice.

And of course the problems of structural racism and racial discrimination faced by the indigenous and Afro-descendant populations of the Americas always take a central place in the work of the Committee, as does the situation of the Roma people in Europe.

Continuing on the topic of racial profiling, which is a serious problem in many countries in Latin America, what are the Committee’s thoughts on this situation in the region, and what work is the Committee doing on racial profiling.

The most powerful complaints currently come from Panama. The United Nations Working Group of Experts on Persons of African Descent on its most recent visit in locu to Panama was able to verify and discuss this practice. And it is not without reason that the United Nations High Commission on Human Rights in Panama—the regional office for Panama and Central America—has created a guide for documenting racial profiling occurrences. It is an interesting tool that I think will have an important use.

In Brazil, on the other hand, one must take into account the widespread violence affecting the population, in particular the youth. It is known that 77 of every 100 murders of young people in Brazil are committed against Afro-descendant youth. This is an indicator of the structural racial discrimination that affects all countries in Latin America.

In Colombia the topic has recently emerged after a surprised passerby caught the forceful and emblematic reaction by an Afro-Colombian citizen, Mr. Carlos Angulo, who, in the middle of the street, became upset at being a victim of racial profiling.

You have mentioned some of the major obstacles faced by the Committee in its work against racism and racial discrimination. Can you tell us some of the Committee’s recent achievements?

I believe that the Committee has been a pioneer in the process of getting the issue of Afro-descendants on the agendas of national governments and on the global agenda, especially through the Committee’s periodic systematic requirements for the States parties and by the support the Committee has shown other multilateral bodies that work on Afro-descendant issues. The work of the Committee has meant that Afro-descendants increasingly occupy a more prominent place in the national political agendas throughout the region, as well as in the agendas of the UN, the Organization of the American States (OAS), and the Community of Latin American and Caribbean States (CELAC).   

It was in the Committee that I had the opportunity to develop the idea for the International Decade of People of African Descent, and idea that came about after the declaration of the International Year of People of African Descent (2011) that was proclaimed by the UN General Assembly. The International Decade was the outcome of a joint effort by many countries, including South Africa, Brazil and Colombia, to name only a few. And it was in the Committee that I was able to to first propose the initiative and where I received such important support.

It’s also important to mention the Committee’s work with the Early Warning and Urgent Action mechanisms. Monitoring these situations helps to anticipate situations that could devolve into much worse matters. We should remember that during the 90s, for example, the majority of armed conflicts in the world had their origins in religious or ethnic conflicts or in the confluence of of religious and ethnic issues.

You mentioned the International Decade for People of African Descent. Can you tell us a bit more about what the Committee has planned for the Decade?

Through its Action Plan for the Afro-descendant Decade the Committee has drawn up a general declaration on racial discrimination against Afro-descendants that recommended a host of actions. For example, it invites the specialized organizations of the UN and other institutions such as the World Bank to incorporate a differentiated approach toward Afro-descendant issues in their annual reports.

Specific objectives of the Decade include promoting the respect, protection and the fulfillment of the fundamental rights and freedoms of Afro-descendants, as well as promoting greater understanding and respect for diversity, the cultural heritage of Afro-descendants and their contributions to the development of the societies of which they are a part. Other objectives include strengthening national, regional and international legal frameworks to conform to the Durban Declaration and Plan of Action and the International Convention on the Elimination of All Forms of Racial Discrimination in order to insure their full and effective application.

In regards to activities programmed throughout the Decade, the Committee will work with the States parties so that they can adopt concrete measures by approving and effectively applying national and international legal frameworks as well as developing policies and programs to combat racism, racial discrimination, xenophobia and connected forms of intolerance, with a special emphasis in the areas of recognition, justice, development and aggravated forms of discrimination.

You mentioned some of the different actions the Committee promotes within other UN institutions. Can you tell us a little about the Committee’s work with civil society and where civil society organizations fit into the work of the Committee?

It is a very important role. It is part of the Committee’s work to designate times for official dialogue with civil society before the examination of the State party. This permits the Committee members and the Committee as a whole to gain another perspective on the report submitted by the State party and the studies conducted by the Committee members themselves. More and more we are seeing a larger presence and greater participation by Afro-descendant organizations, and this has allowed the Committee to have a much more balanced understanding of the reality of racism and racial discrimination in the countries we monitor.

In what ways could civil society strengthen its work with CERD? How can we increase our participation in the Committee’s work?

There are many ways! The Committee will always welcome a broader and more active roll for civil society in its different activities. Greater participation is vital and would always be welcomed, because in in order to combat racism and racial discrimination social mobilization is needed, and this depends on civil society.

The Committee also welcomes civil society’s participation through the production of alternative reports. It is the Committee’s hope that these reports continue to become more focused and systematic. I personally value the work of international human rights organizations that have increasingly leant their support to Afro-descendant organizations in preparing alternative reports and traveling to Geneva for the periodic examinations of their respective countries.

Another important contribution of civil society is in cases of individual complaints which serve to activate Early Warning and Urgent Action mechanisms.

In all of these ways civil society helps the Committee to be vigilant, active and productive in making sure the Committee’s recommendations are carried out.

Conversely, could you give us your perspective on the relationship between the Committee and the governments in Latin America?

The Committee maintains a positive and constructive relationship with the States parties. And for their part, the States parties come to the Committee in good faith, with of course some exceptions. Nevertheless, the Committee is not a just a cheerleading committee. It’s a committee that examines in depth the country’s situation, and of course this can cause some tension.

For example, we examined Costa Rica in August of 2015, stemming from Costa Rican civil society’s demand that a book called Cocorí, which presents a story of a black boy who is compared to a monkey, be removed from the public school curriculum, which of course was a completely reasonable demand. Before that we had examined and recommended the removal from Peruvian television the program “La Paisana Jacinta,” which presented a denigrating and inequitable picture of the indigenous community of Peru. Obviously these matters create tensions within the country which are transferred to the examinations done by the Committee. The Committee’s examination of the Dominican Republic was also very complicated, due to the situation of statelessness faced by over 200 thousand people of Haitian descent.

In closing, let’s talk about what the future brings. What does CERD have planned for 2016?

On November 26th, during the Committee’s sessions we plan to hold a number of fora and activities to commemorate the 50th anniversary of the International Convention on the Elimination of Racial Discrimination, and we are hoping that this gives a renewed push to the Committee’s work against racism and racial discrimination. It is worth remembering that the Convention was adopted in 1965, during a time when the fight against colonialism, apartheid and racial segregation was at its peak.

In regards to the International Decade on the People of African Descent, we will work with both civil society and the States parties to fulfill the Plan of Action and Program of Activities that we have prepared.

To see the video celebrating the 50th anniversary of the Convention, click on the link below

https://www.youtube.com/watch?v=EOgTRGjjKNE&feature=youtu.be 

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