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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Independent Expert on Sexual Orientation and Gender Identity Visited Peru with the Support of Race and Equality

The UN Independent Expert on Sexual Orientation and Gender Identity met with State authorities, students, and LGBTI+ organizations from two regions of Peru to promote his mandate.

From November 21 to 26, the IE SOGI, Victor Madrigal-Borloz, held a promotional visit in Peru, which was carried out with our Senior LGBTI Program Officer, Zuleika Rivera, along with the support of the Institute on Race, Equality, and Human Rights (Race and Equality).

During his visit, Mr. Madrigal-Borloz met with various State authorities, university students, and LGBTI+ human rights organizations from Arequipa and Lima, Peru. The purpose of this trip was to provide information on 1. The functions of the mandate and 2. The mandate’s critical support in effective sate measures to address SOGI-based violence and discrimination.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, in one of the meetings with LGBTI+ organizations in Lima, Peru.

It is worth mentioning that the SOGI mandate was created in 2016 thanks to the advocacy work of a group of civil society organizations worldwide. Through the mandate’s creation, the UN Human Rights Council affirmed its commitment to combat discrimination and violence on the grounds of SOGI and reminds all States of their obligations towards LGBTI+ and gender-diverse persons. To learn more about the work of the mandate and access its reports, visit the official website.

Dialogue with civil society

Arequipa was the first stop for the IE SOGI. There representatives of transmasculine, lesbian, and gay organizations highlighted the issues they face due to their sexual orientation and gender identity in the region, as well as the stigmas towards LGBTI+ persons that are generated from conservatism.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, at the meeting with LGBTI+ organizations in Arequipa, Peru.

In addition, four thematic meetings were held in Lima: a) Discrimination, b) Violence, and Access to Justice; c) Data; d) Health and Comprehensive Sex Education; e) and Gender Identity. These meetings incorporated dialogues with various LGBTI+ individuals and organizations. Peru is one of the countries within the Andean region that does not have a gender identity law, so there is no administrative procedure that facilitates legal name change nor the “sex” category in the National Document of Identification (DNI).[1]

On the contrary, trans people must litigate through the courts against the National Registry of Identification and Civil Status (RENIEC), which constantly appeals favorable resolutions that are in accordance with the human rights of trans people. You can watch the interview that Race and Equality conducted with Bruno Montenegro on the subject.

In turn, the same entity refuses for Jenny Trujillo and Darling Delfín, a lesbian couple, to get their child an ID that registers two mothers on the identification document; learn more here. Regarding discrimination and violence against LGBTI+ persons, the State’s registration systems do not include sexual orientation and gender identity categories, as a consequence there is no database with disaggregated records that account for the number of LGBTI+ persons violated.

Juveniles and the law

The UNICXS Legal Office —a project of the Academic Office of Social Responsibility in Peru’s Faculty of Law at the Pontificia Universidad Católica del Perú that offers free legal advice in cases of discrimination based on sexual orientation and gender identity— invited Victor Madrigal to give a workshop to discuss his mandate, the criminalization of LGBTI+ people around the world, and the task of guaranteeing the human rights of all people.

The United Nations Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal-Borloz, at the workshop for members of the Unicxs Legal Clinic, of the Pontificia Universidad Católica del Perú, in Lima.

Moreover, the IE SOGI also met with various Peruvian State authorities, including the Peruvian Foreign Minister, Cesar Landa, and the Congresswoman of the Republic, Susel Paredes.

Race and Equality, reaffirms support for the mandate of the Independent Expert in order to contribute to the visibility and respect for the rights of LGBTI+ persons. In this sense, it will continue to promote its visits to the countries of the region so that LGBTI+ activists and groups learn about the work of the mandate and collaborate with its documentation and analysis actions.

______

[1] The DNI, Documento Nacional de Identidad, is the Peruvian version of an ID card. It’s the only personal identity card recognized by the Peruvian State for all cases (civil, commercial, administrative and judicial) in which a person has to identify themselves.

UN Human Rights Committee calls on the State of Nicaragua to refrain from cancelling legal personalities of civil society organizations, cease torture against persons deprived of liberty and investigate cases of violence against women.

Washington D.C., November 7, 2022.- The Human Rights Committee of the United Nations (CCPR), made extensive observations on the fourth periodic report submitted by Nicaragua, analyzed in the review on October 19, 2022.

The Committee issued 17 recommendations on different topics, among them: the independence of the Judiciary, deaths due to police violence, the situation of prisoners in Nicaraguan jails, freedom of expression, violence against women, the situation of indigenous peoples and freedom of association.

On this last point, the Committee said that the State of Nicaragua should “refrain from canceling the legal personalities of civil society organizations, including human rights organizations, opposition groups and professional associations; among these medical associations, universities and entities linked to the Catholic Church; for legitimately exercising their rights and take all necessary measures to restore these organizations and restore their property.”

From 2018 to the beginning of November 2022, the Committee recorded the closure of 1880 non-governmental organizations in Nicaragua, many of them unable to submit the required documentation due to obstacles encountered at the Ministry of the Interior following the approval of the Special Law for the Regulation of Foreign Agents in October 2020.

“Refrain from imposing solitary confinement” on detainees.

The Committee has recalled that the families of persons deprived of liberty for political reasons have expressed that among those held in the Judicial Auxiliary Direction, known as “El Chipote”, there are those who suffer from chronic illnesses that do not receive the specialized health care they require. For 73 days, the people in this detention center have not received any visits from their relatives and no information is known on their conditions.

According to the Mechanism for the Recognition of Political Prisoners, there are at least 50 people detained in “El Chipote”.

The Committee said that the State should “refrain from imposing solitary confinement, except in the most exceptional circumstances and for strictly limited periods, when it is objectively justifiable and proportionate”, according to the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules).

The Committee also expressed concern about the level of overcrowding in prisons such as “La Modelo” or the women’s prison “La Esperanza”, as well as what it considers a “deficient health care” in prisons such as “El Chipote”. In addition, it recommended strict supervision of visiting procedures, “ensuring that invasive searches are only carried out in exceptional cases, in the least intrusive manner possible and with full respect for the dignity of the person and his or her gender identity”.

This recommendation arises from allegations that family members of persons deprived of liberty for political reasons are subjected to invasive searches and improper touching when visits are authorized in detention centers.

These practices that violate human rights have also been carried out against minors, who have been prevented from frequent visits to their relatives in prison for long periods of time and, in general, have not been allowed any communication whatsoever.

Prosecution of perpetrators of torture and deaths in prisons.

The Committee was also concerned about the constant allegations of torture that have been reported in Nicaragua, both at the time of arrest and in prisons and detention centers.

In addition, it recommended that “all allegations of torture and ill-treatment and deaths in detention” be investigated promptly, thoroughly, effectively, independently and impartially.

The later, because since the arbitrary detentions that have occurred in Nicaragua since April 2018, two deaths of persons in detention were recorded; Eddy Montes, a U.S. citizen who died of a gunshot wound in circumstances not yet investigated by the Nicaraguan authorities, and Hugo Torres, who died in February 2022 in circumstances still unclear arising from the lack of assistance to his health and the conditions of detention.

The Committee’s recommendation is that these investigations should be conducted in accordance with the Manual on the Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Istanbul Protocol), “as well as (investigations) of all acts of violence committed by police and prison officials during detention, in police stations and in places of deprivation of liberty, ensuring that the perpetrators are prosecuted and duly punished if found guilty and that the victims receive full reparation”.

Investigate cases of violence against women

Taking into account that in Nicaragua, according to statistics from women’s advocacy organizations, more than 42 girls and women have been victims of femicides from January to August 2022, 15 of these cases remain in impunity within the country, the Committee also recommended to the State of Nicaragua that investigations of cases of violence against women be guaranteed “quickly and effectively”, and that the perpetrators of these crimes be brought to justice.

In addition, it urged the State to make amendments to Law 779, the Law on Violence Against Women, so that “specialized jurisdiction in matters of violence against women is maintained throughout the territory of the State party and the definition of femicide is harmonized with international standards.”

Right to a fair trial

The Committee was also concerned about “violations of due process,” and in particular, referred to the use of ambiguous criminal definitions during investigations and prosecutions.

“The Committee is also concerned about the lack of effective access to legal assistance for detainees, in particular, reports of obstacles faced by lawyers in accessing court hearings, case files, and communicating freely and privately with their clients.

In addition, the Committee recommended that lawyers should be able to advise and represent persons accused of crimes without obstacles, expressing that it should “promote that the Public Prosecutor’s Office instigate the immediate release of persons detained as a result of the socio-political crisis that began in 2018.”

Violence against indigenous peoples is of concern

Additionally, the Committee expressed its concern over reports that some indigenous peoples have been victims of acts of violence following the invasion of settlers into their territories.

In this regard, it recommended that the State, “redouble its efforts to prevent conflicts over land use, including the provision of guarantees in relation to lands traditionally owned or occupied by indigenous peoples.”

“In accordance with rule 75, paragraph 1, of the Committee’s rules of procedure, the State party is requested to provide, by November 4, 2025, information on the implementation of the Committee’s recommendations in paragraphs 6 (constitutional and legal framework within which the Covenant is implemented), 30 (right to a fair trial) and 40 (participation in public affairs).”

Committee to follow up on recommendations

The UN Committee will also follow up on three recommendations made: the dissemination of the International Covenant on Civil and Political Rights (ICCPR), information on the implementation of the recommendations made by the Committee, the State party will receive from the Committee in 2028 the pre-reporting list of issues and is expected to submit within one year its responses to the list of issues.

Statement

Race and Equality and the CCPR Centre, are deeply concerned about the unwillingness of the State of Nicaragua to comply with its international obligations and the lack of cooperation it has provided in recent years despite repeated requests from the UN Human Rights Committee detailed in the review process that motivates this press release.

The State of Nicaragua must comply with its international obligations and to help seek a way out of the crisis that began since 2018. These solutions must be geared towards strict respect for human rights, dialogue and international law.

The crisis in Nicaragua, which has dragged on for 4 years, due to the unwillingness of the Nicaraguan State to find a peaceful solution, continues to provoke exile, arbitrary detentions and lack of fair trials in accordance with international standards.

We recognize and support all Nicaraguan civil society organizations that from Nicaragua or from exile continue to develop their work in defense of human rights and provided the Committee with very valuable information, and we urge the State of Nicaragua to accept and faithfully comply with its international obligations by implementing the Committee’s recommendations accordingly.

UN Human Rights Committee: Nicaragua’s absence is “especially worrisome” in the face of serious deterioration of human rights

Washington D.C., October 20, 2022.- The United Nations Human Rights Committee summoned the State of Nicaragua for the review of the IV periodic report on Nicaragua and its compliance with the International Covenant on Civil and Political Rights (CCPR) on October 19. The State party was absent from the review, “an unfortunate situation that has arisen as a result of the lack of response to the communications,” according to the Committee’s Chairperson, Photini Pazartzis.

For Pazartzis “it is of particular concern” that this is the fourth consecutive occasion that the State of Nicaragua has refused to engage in constructive dialogue with UN treaty bodies. Last year it refused to respond to the list of issues of the Committee on Economic, Social and Cultural Rights (CESCR) and decided to limit itself to participating “as a listener”. In July of this year, it absented itself from the review of the Committee against Torture (CAT) and called it a “provocation”; in August it did not attend the review of the Committee on the Elimination of Racial Discrimination (CERD), and now it did so with the Human Rights Committee.

The Human Rights Committee, in accordance with its rules of procedure and with the support of alternative reports sent by Nicaraguan and international civil society organizations, proceeded to discuss 29 issues in the absence of the State, including: the situation of persons deprived of liberty for political reasons; the rights of indigenous peoples, Afro-descendants, women and the LGBTI+ community; the situation of women’s rights in the face of violence; the excessive use of state forces to restrict public freedoms; the lack of judicial independence, among others.

Politically motivated deprivation of liberty and lack of judicial independence 

Currently, more than 219 people are deprived of liberty for political reasons in Nicaragua. There are reports of cases of torture in state and clandestine centers, as well as precarious conditions of detention: overcrowding, poor sanitation and food, and lack of access to medical care. “Information continues to be received about torture and ill-treatment in the prisons of El Chipote, La Modelo, and La Esperanza…information has been provided about cases of sexual and gender-based violence against men and women detained in the context of the protests, including inappropriate touching and threats of rape,” said Mr. Quezada, member of the Committee.

On the other hand, Mrs. Bassim -who is also a Committee member- regretted that in February 2022, there was the death in custody of opposition leader Hugo Torres, who was transferred to a hospital late; she also stated that “this death has forced the government to resort to house arrest in very precarious cases from the point of view of health”, however, the excessive restrictions on family visits to people in detention centers have resulted in them starting hunger strikes that can seriously affect their health. 

Subsequently, Committee member Mr. Carlos Gómez referred to the trials and sentences against persons detained in 2021 in the context of the general elections, which hint at the lack of judicial independence. 

“They were held behind closed doors, without the presence of the public, some of them in the same detention centers… and these defendants were not allowed to have interviews with their lawyers until a few minutes before.” Only one of the convictions has been overturned on appeal and others are pending appeal. “This procedure suggests a total lack of the subjective guarantees of jurisdiction, such as the independence and impartiality of the court,” Gómez explained.

Violence against indigenous and Afro-descendant peoples, women and LGBTI+ persons

Official statistics continue to lack data on violence and discrimination against LGBTI+ persons, which prevents an assessment of the real dimension of the associated problems; however, according to information received by the Committee, “trans women deprived of their liberty in the context of the crisis were held in men’s prisons and subjected to discriminatory and degrading treatment”. 

Regarding indigenous and Afro-descendant peoples, Committee member Mr. Santos Pais stated that they “continue to be victims of structural discrimination” reflected in poverty rates, precarious living conditions and persistent institutional violence and discrimination. The State Party “has still omitted to carry out the last stage of the process, the regularization stage, of the 23 titled territories…which would have the purpose of defining the rights of third parties or settlers within the indigenous territories”, he added.

On the other hand, in relation to violence against women and femicides, the Committee notes with concern that public policy ignores the rights of women and privileges the protection of the family, hinders reporting and allows mediations that could put them at greater risk of femicide. Likewise, the government has not allocated funds from the Budget of the Republic to shelters and has closed at least 176 organizations that guaranteed protection to victims of domestic and gender violence. The government “confiscated their assets or canceled their legal status,” explained Santos Pais.

Excessive use of state forces and impunity

“The Committee has received information on the excessive use of force by law enforcement officials, particularly on the occasion of the social protests that began on April 18, 2018,” as well as by armed pro-government elements or shock forces “who have acted with the blessing of high-level authorities and the National Police in attacks on demonstrators and even illegal detentions,” exposed Mr. Quezada, expert of the Human Rights Committee.

The indiscriminate use of force by state and pro-government groups during peaceful demonstrations in 2018 has resulted in at least 355 fatalities, more than 1,600 people injured and, as of May 2020, 1,614 arbitrarily detained.

In relation to this, for the Chair of the Committee, the Amnesty Law passed in July 2021, which grants immunity to state agents for actions they took from April 2018 until the date the law was passed “raises quite serious concerns, including concerns regarding retroactivity”.

Retaliation against journalists, media and human rights defenders.

At least 120 Nicaraguan journalists have been exiled due to government reprisals, at least three media outlets have been confiscated since 2018, including Confidencial, La Prensa and 100% Noticias. Twenty-three radio and television stations have been shut down this year, Mr. Gómez added.

Six journalists have been sentenced to up to 13 years in prison, among them: the manager of the newspaper La Prensa, Juan Lorenzo Holmann, who was sentenced to nine years in prison for the alleged crime of money laundering; and three other journalists were sentenced for the alleged crime of spreading fake news. On the other hand, “the murder of journalist Ángel Gahona” in the context of the 2018 crisis has not been clarified, and the Committee has received information that after the 2019 Amnesty Law, this case has been archived. 

Chairperson Pazartzis added that the Committee is also aware of the stripping of passports from journalists and human rights defenders. 

Serious deterioration of the human rights situation in the aftermath of the electoral process.

“It is clear that, in light of the information received… especially since 2018, and more recently during the 2021 elections, the human rights situation has been deteriorating in a very serious way,” said Chair Pazartzis. 

The 2021 general elections took place in a context of concentration of State powers in the Executive and, according to the Organization of American States (OAS), “were not free, fair or transparent and lacked democratic legitimacy.” It should be noted that, in May 2021, a reform to the Electoral Law favored the hegemony of the current governing party. Furthermore, according to civil society records, during the voting there were more than 2,000 reports of anomalies and it is estimated that there was 81.5% abstention. 

In this sense, according to the Committee, “it is possible that the new municipal electoral process in November of this year will follow a similar pattern to that of the 2021 presidential elections”. 

Statement

The Institute on Race, Equality and Human Rights rejects the State’s refusal to engage in dialogue and provide the necessary information to the Committee regarding its concerns expressed in the List of Issues provided to the State in a timely manner. The full cooperation of State Parties in the dialogues is a key component for the fulfillment of their obligations under the Covenant. We remind the State of Nicaragua that ratification of the International Covenant on Civil and Political Rights entails the obligation to submit reports, participate in constructive dialogues with the Committee, and comply with the Committee’s recommendations. 

Finally, we highlight the fundamental role of Nicaraguan civil society organizations in monitoring and documenting human rights violations, particularly civil and political rights, in Nicaragua. Their hard work and reporting have made possible the examination and formulation of observations.

*The Committee will issue its concluding observations during the current session (October 10 – November 4) and forward them to the State of Nicaragua.

Race and Equality condemns reprisals by the Nicaraguan regime against UN expert Anexa Alfred Cunningham

Washington D.C., October 12, 2022.– On July 9, 2022, in an unacceptable act, the Government of Nicaragua denied entry into the country to Nicaraguan citizen and expert of the UN Mechanism on the Rights of Indigenous Peoples (EMRIP), Anexa Alfred Cunningham. The Institute on Race, Equality and Human Rights (Race and Equality) condemns this attack on Mrs. Alfred for her work as a human rights defender, which is also an attack on the EMRIP, the United Nations and other independent experts appointed by the United Nations Human Rights Council (UNHRC).

Mrs. Alfred Cunningham is a Miskitu indigenous woman, lawyer and expert in Indigenous Law and Policy, who has served as an advisor to Territorial Governments and Indigenous Communal Governments in Nicaragua. Among others, Mrs. Alfred has contributed to the process of demarcation and titling of indigenous and Afro-descendant territories on the Caribbean Coast of Nicaragua, and has promoted different legislative reforms related to the rights of indigenous peoples in Nicaraguan legislation.

In April of this year, the United Nations Human Rights Council appointed her as a member of the Expert Mechanism on the Rights of Indigenous Peoples for Central and South America, whose mandate is to provide expert assistance to Member States in achieving the objectives contained in the United Nations Declaration on the Rights of Indigenous Peoples, and to promote concrete measures that States, indigenous peoples, civil society, international organizations, national human rights institutions and other entities can adopt to achieve their fulfillment.

In July, the expert traveled to Geneva, Switzerland, to carry out her first official mission to the fifteenth session of the EMRIP. At the end of her tour, the airline did not allow her to board the plane to Nicaragua, informing her that the government of Daniel Ortega and Rosario Murillo did not authorize her entry into the country. The regime’s decision, among other things, violates Article VI, Section 22 of the UN Framework Convention on Privileges and Immunities, which grants the experts appointed by the HRC “privileges and immunities necessary for the independent exercise of their functions, during the period of their missions, including the time required for travel in connection therewith.”

Faced with this serious situation, on September 28, the President of the United Nations Human Rights Council, Federico Villegas, expressed that he has requested “on numerous occasions clarifications on the situation, as well as the cooperation of the Government of Nicaragua to rectify the matter“. However, he has not received any response, “nor guarantees from the Government that Mrs. Cunningham could return to Nicaragua”. This indicates an “act of retaliation“, Villegas assured. 

For her part, in an interview with Race and Equality, Mrs. Alfred Cunningham expressed that the prohibition to return to her country is part of a series of actions the Nicaraguan government has taken to repress and punish dissident voices. “We have seen it with journalists, human rights defenders, political opponents, religious leaders, non-governmental organizations… and indigenous and Afro-descendant peoples are not exempt from this.” 

She also regretted that the regime prevents her from fulfilling its mandate in Nicaragua, since “the EMRIP would have the technical and specialized capacity to advise the State to be able to comply with the phase of the sanitation process, understanding that this is a right that is recognized in the Political Constitution of Nicaragua and in all the human rights instruments on Indigenous Peoples to which Nicaragua is a party“.

“We know that it is a process that has not been complied with and has generated a series of irregularities that affect the individual and collective rights of indigenous and Afro-descendant peoples on the Caribbean Coast of Nicaragua,” she explained to Race and Equality.

Finally, Alfred called on the Nicaraguan government to respond to the communications sent by the United Nations Human Rights Council and the United Nations General Secretariat regarding her case, as well as to rectify its decision and open the channels of communication with the international community and national sectors. 

“I believe that there is still time to react and rectify this serious decision…Isolation is not the solution to get out of this socio-political, economic and human rights crisis that the Nicaraguan people are experiencing. It is necessary to open a channel of communication, only in this way we will be able to get out of this crisis“, she concluded.

Statement

Race and Equality expresses its deep solidarity with Mrs. Anexa Alfred Cunningham and her family. 

We condemn this grave and unprecedented attack on a United Nations Expert, which violates the diplomatic privileges and immunities that Nicaragua and other Member States have pledged to respect.

We recall that this is a direct violation of Article 12 of the International Covenant on Civil and Political Rights: “No one shall be arbitrarily deprived of the right to enter his own country“, which also entails multiple violations of other rights such as: the right to an adequate standard of living, freedom of movement, the rights of indigenous peoples and Afro-descendants, among others.

We make an urgent call to the international community -including the Universal System and the Inter-American Human Rights System- to condemn Nicaragua’s actions and urge the State to rectify its decision and ensure conditions for the safe return of Mrs. Alfred and her family; and to request investigations, trials and sanctions for all those responsible, as well as reparations for all the violations and abuses suffered.

We continue to demand that the State of Nicaragua comply with its international human rights obligations and re-establish meaningful cooperation with the international community. The people of Nicaragua need investigations to ensure justice, reparations and non-repetition of the human rights violations and abuses that continue to be committed in the country. 

The investigation and accountability of these violations, which – as mentioned by the Interdisciplinary Group of Independent Experts (GIEI) of the IACHR – should be considered crimes against humanity, are indispensable requirements to combat impunity and overcome the serious human rights crisis. 

We hope that the Group of Experts on Human Rights on Nicaragua, mandated by the Human Rights Council in its resolution 49/3, will continue this important work.

IE SOGI and IACHR promote their mandates in the English-Speaking Caribbean

IE SOGI mandate and Rapporteur on the Rights of LGBTI persons meet with civil society organizations of the English Speaking Caribbean

From September 13-17, 2022, the mandate of the United Nations Independent Expert on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz; and the IACHR Rapporteur on the Rights of Lesbian, Gay, Bisexual, Trans and Intersex Persons, Roberta Clarke, conducted a promotional visit to the English-speaking Caribbean, supported by the Eastern Caribbean Alliance (ECADE) and the Institute on Race, Equality and Human Rights (Race and Equality) and accompanied by Senior LGBTI Program Officer, Zuleika Rivera.

During their visit, the delegation met with various civil society organizations dedicated to working with LGBTI+ people and women in St. Lucia and other Caribbean States. The purpose was to promote their respective mandates and listen about the situation of LGBTI+ people in the country and the work the organizations do to combat stigmatization, discrimination, and violence.

IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of Raise your Voice St. Lucia.

SAINT LUCIA

In St. Lucia, the delegation held a dialogue on International Mechanisms and the rights of LGBTI+ persons. Victor Madrigal, the Independent Expert on SOGI, expressed the importance of holding this important exchange with civil society in the Caribbean. Commissioner Roberta Clarke, Rapporteur on the Rights of LGBTI persons, pointed out that only six Caribbean countries have ratified the American Convention on Human Rights, which is necessary to have access to the Inter-American Court. She also expressed concern over reports that violence against LGBTI+ persons may be under-investigated and characterized by impunity.

Representatives of civil society organizations also participated in the event, including Kenita Placide, Executive Director of ECADE, who highlighted the importance of civil society in the region working together to ensure that their voices are heard. Likewise, Catherine Sealy, Executive Director of Raise your Voice St. Lucia, said: “We want to help all civil society organizations and individuals, regardless of what they work towards.”

Among the most pressing issues in the country, the representatives of the organizations pointed to discrimination and violence against LGBTI+ people, impediments to access to justice, limitations to access to sexual and reproductive rights, physical and psychological violence against LGBTI+ people by their own families, loss of jobs after COVID, and unsolved murders of persons in the LGBTI community.

IACHR Rapporteur on the Rights of LGBTI Persons, Roberta Clarke; IE SOGI, Victor Madrigal-Borloz; Race and Equality Senior LGBTI Program Officer, Zuleika Rivera; and members of United & Strong INC.

REGIONAL EVENT IN BARBADOS

The Caribbean Regional Dialogue on LGBTQI+ D.A.T.A., held for two days, consisted of regional roundtable discussions on violence and access to justice, health and the impact of COVID, economic inclusion of LGBTI+ people, education and human capital, discrimination, access to financial development and the impact of investments, poverty and access to the labor market, and tourism perspectives. It also included the participation of different representatives from civil society, governments, development institutions, regional bodies and the private sector, in order to create evidence-based policies for LGBTI+ rights.

In this regard, the Independent Expert on SOGI, Victor Madrigal addressed during his intervention for the need to collect data on sexual orientation and gender identity to dispel the myths and stereotypes that fuel violence and discrimination. “Evidence is a way to counteract the denial that there is no violence based on sexual orientation and gender identity”, said Madrigal. In her speech, Roberta Clarke, IACHR Rapporteur on the Rights of LGBTI People, applauded the judicial decisions in 4 Caribbean countries which found  criminalization of same sex intimacy  between consenting adults to be a violation of fundamental rights and freedoms. She also reflected on how LGBTI people demand and deserve intersectional justice. “Too many people in our region remain economically marginalized, too many remain excluded”, she said.

Dr. Lee Badgett, Professor of Economics at the University of Massachusetts, Amherst, stated that having numbers and data tells LGBTI+ people that they count. She also mentioned that, according to a report by Phil Crehan, a researcher on data and social inclusion, 57% of LGB people and 69% of trans people reported experiencing harassment and bullying at school, and also emphasized the unprecedented opportunity that this event represented in the Caribbean.

Race and Equality’s work has included supporting promotional visits to countries by the United Nations and IACHR mandates for the rights of LGBTI+ people. It is important to follow closely the hard work being carried out by Caribbean civil society organizations, which have achieved important advances for the decriminalization of same-sex relationships in several countries in the region. Race and Equality reaffirms its commitment to supporting their actions to guarantee the equality and dignity of LGBTI+ people and expresses its gratitude to ECADE, the OAS in St. Lucia, the IACHR, the IE SOGI and all the civil society organizations that received us and participated in all the events.

 

Brazilian delegation participates in the pre-sessions of the UN-UPR in Switzerland with recommendations on racial discrimination in Brazil

Brazil, September 15th, 2022 – With Brazil’s review approaching in the 4th Cycle of the Universal Periodic Review (UPR), The International Institute on Race, Equality and Human Rights (Race and Equality) promoted a series of meetings, in July and August, along with civil society organizations that work on issues of race, gender and sexual orientation in Brazil, including Embassies in Brasília and their respective Permanent Missions, in Geneva, Switzerland. The Universal Periodic Review is a mechanism developed by the United Nations (UN) Human Rights Council to assess the human rights situation in each of the UN member countries.

The meetings in Geneva took place between August 29 and September 2, and the following organizations participated: Grupo Conexão G de Cidadania LGBT de Favelas (RJ), represented by the current Director General Gilmara Cunha, a trans woman, community leader, and activist of human rights; NGO Criola (RJ), with the presence of Mônica Sacramento, the Institution’s Project Coordinator; Marielle Franco Institute (RJ) with its Executive Director Anielle Franco; Geledés – Instituto da Mulher Negra, represented by Nilza Iraci, Coordinator of Political Incidence. On behalf of Race and Equality, the Executive Director, Carlos Quesada; David Veloso, Human Rights Consortium Coordinator; Gaia Hefti, Advocacy Officer in Geneva; and Leilane Reis, Race and Gender Officer of Brazil all took part in the meetings.

Due to the importance of demonstrating at the regional and international level the current framework of human rights violations in the country, in addition to seeking to raise awareness around the need for more targeted recommendations for the black population, LGBTI+, and indigenous peoples, this delegation has actively participated in human rights mechanisms by sending reports. The agenda in Geneva represented a continuity of the work of political incidence in Brasilia. There were five days of meetings focusing on the visibility of the current situation of racial discrimination in Brazil, leading to the Permanent Missions, the United Nations High Commissioner for Human Rights (OHCHR), and Independent Experts’ specific recommendations on the subject.

Geneva Agenda

On August 30, several Brazilian organizations were selected by the UN Human Rights Council to speak on the situation in the country during the pre-session of the UPR, and propose the recommendations to the Brazilian State, who was also present at the event, with its Permanent Mission. It should be noted that the Report of the Brazilian State for the evaluation of the IV cycle of the UPR was only published on the eve of the pre-session of the UPR, leaving civil society in the dark regarding what information was published. Representing the Brazilian delegation, Anielle Franco was invited by the organizer of the pre-sessions, the NGO UPR Info, to speak on the intersections of police brutality and racism in Brazil. The activist brought to light the recent massacres in Rio de Janeiro and the murder of the young black, pregnant woman, Kathlen Romeo.

“These are cases that indicate that the death of the black population in Brazil is a systemic issue, promoted by the Brazilian authorities and covered up by the police forces. Instead of investigating the massacres and discriminatory violence against the Afro-Brazilian population, the Brazilian government and police try to legitimize these police operations and attack Brazilian human rights organizations, such as the Marielle Franco Institute.”

On August 31, the International Day of People of African Descent, Race and Equality held a hybrid event entitled, “Racial Discrimination in Brazil: Violence against the Black Population and Indigenous Peoples.” The event was attended by the delegation present in Geneva and aimed to make the recommendations made by these organizations for the 4th cycle of the UPR visible to the general public, expanding beyond closed meetings with Embassies and Permanent Missions. In addition, the event was also an important tool of international political advocacy for the construction of networks and partnerships between Brazilian and international organizations.

The Brazilian delegation had the opportunity to take the recommendations to the Ambassador of Chile in Geneva, Claudia Fuentes Julio. They also met with the Embassies of Canada, Australia and Argentina, the Permanent Mission of Costa Rica, France, Germany and Colombia, and with Gay McDougall, Rapporteur of the UN Committee on the Elimination of Racial Discrimination (CERD), which is responsible for monitoring the International Convention on the Elimination of All Forms of Racial Discrimination. Faced with the current picture of violations presented, a review that will take place in November this year, charging the Brazilian State for covering up the racial issues in the country.

It is important to highlight that the delegation provided ample space for listening and dialogue in meetings with experts from UN treaty bodies, experts on afro-descendant peoples, and experts from the mechanism on police violence created by the UN in 2021. In addition, the Brazilian delegation was received by the United Nations High Commissioner for Human Rights (OHCHR) who is charging the Brazilian State for neglecting the well-being of the black, indigenous, and LGBTI+ populations.

International Incidence: The Paths to Geneva

The task of illuminating the ongoing human rights violations in the country for international mechanisms and their support is a major commitment for Race and Equality with civil society organizations in Brazil. For this, technical training work and support to these institutions are necessary so that their complaints and demands arrive instrumentalized to the Experts and Rapporteurs of each international body; this work is called advocacy and/ or political incidence. During the Race and Equality event in Geneva, the Executive Director, Carlos Quesada, stressed the importance of the daily construction of advocacy strategies in Brazil, “to train grassroots organizations to promote political actors through a technical training methodology so that these organizations can generate sustainable structural changes.”

Thus, in order for the Brazilian delegation to be received with its recommendations in Geneva, it was necessary to hold a meeting in Brasilia, with the Embassies of the countries that will review Brazil in the 4th cycle of the UPR, and the other Embassies present at the UPR Human Rights Council. The meetings in Brasilia took place from July 27 to July 29, and were attended by: Gilmara Cunha, General Director of the Grupo Conexão G de Cidadania LGBT de Favelas (RJ); Marina Fonseca, Anthropologist and Political Advisor at the NGO Criola (RJ); Fabiana Pinto, Sanitarian and Coordinator of Incidence and Research at the Marielle Franco Institute (RJ); and Rodnei Jericó, lawyer and Coordinator of SOS Racism of Geledés (SP). Representing Race and Equality were present: Leilane Reis, Officer of the Race and Gender Program and, Adriana Avelar, Incidence Officer in Brazil.

The meetings in Brasilia were with the Permanent Missions that evaluated Brazil in previous periods in themes of interest to the group that are connected with the current and fragile Brazilian democratic system: European Union, United States, Norway, Canada, Germany, France, Switzerland, Australia, Argentina, UK, Colombia and Chile.

The organizations sought to make visible the current regulatory frameworks that have exacerbated the vulnerability of black, indigenous and LGBTI+ populations in Brazil since the last review of the UPR, taking into account the precariousness of life due to the effects of the pandemic. Based on the recommendations made by the Embassies visited, the following themes were discussed: violence against the LGBTI+ population, police violence against the black population, black women’s health, closure of civic spaces, and indigenous peoples’ rights. The intention was to establish a dialogue with recommendations for the next cycle, to point out the social markers in force in Brazilian society and to be able to highlight the real situation of human rights violation in Brazil.

The work of political incidence is actively built-in partnership with Brazilian organizations, it’s necessary to be connected with the political and legislative proposals of the Brazilian Government so that effective action can be taken to ensure the construction and implementation of international treaties and agreements. The purpose of the route from Brasilia to the pre-sessions of the UPR in Geneva is to welcome the recommendations of the Brazilian delegation during the review of Brazil at the UPR session, which will take place on November 14, at 2:30 pm (Geneva time), and at 9:30 am (Brasília time).

What are the next steps?

The UPR is a UN mechanism in which State Parties evaluate State Parties. Therefore, UPR, along with civil society can impactfully highlight the human rights violations in Brazil and influence the evaluating states to accept its recommendations in the assessment process. As mentioned earlier, Brazil also delivered its report, in which it said it had consulted civil society on the human rights situation in the country. With this, an analysis based on advances, setbacks, and good practices is performed from all information received and, finally, the evaluated State must apply the recommendations of its peers.

If the recommendations of the Brazilian delegation are accepted and promoted by the State Parties during the UPR, the next task is to present them to the new Government that will take office in 2023, so that it becomes aware of the work of political incidence of civil society organizations. From there, the recommendations should be ratified and implemented in Brazil’s four-year public policies. Thus, civil society carries the responsibility to monitor compliance with the agenda in combating racial discrimination granted in the UN Universal Periodic Review. Race and Equality follows alongside these organizations to monitor and pressure the government in applying the international agreement.

Finally, to collaborate with the United Nations Universal Periodic Review mechanism, Brazilian organizations supported by Race and Equality propose, among others, the following recommendations addressed to the Brazilian State:

I) Ensure the occurrence of investigations into crimes committed against LGBTI persons in favela territory, enabling the collection of public data on such crimes.

II) Take urgent measures to curb and eradicate police violence at any stage of action by civil police, military, and armed forces in carrying out missions on Brazilian soil.

III) Recreate participatory councils and collegiate groups that allow participation and indigenous social control in the formulation, monitoring, implementation, and evaluation of indigenous policies of the Brazilian State in the areas of territorial management, education, health and culture, alongside the establishment of programs and measures to prevent and punish racism, discrimination, and violence against indigenous peoples, and to promote ethnic and racial equality, autonomy, and the right of peoples to be different.

IV) Conduct the implementation of the National Plan for the Protection of Human Rights Defenders and institutionalizing the Protection Program for Human Rights Defenders, Communicators and Environmentalists (PPDDH) by expanding its structure in the 26 states of the country and DF, establishing budgets, regulations and specific strategies for the reception and follow-up of cases of black, trans, and transvestite women human rights defenders, representatives of traditional peoples and communities; create indicators for monitoring and judicial mechanisms for the accountability of their main violators, highlighting the use of police brutality and militarized groups employed to suppress rights and freedoms of expression, association, belief, assembly, and political participation in Brazilian civic space.

V) Ensure access to reproductive health services, including ensuring that abortions are carried out under the conditions provided for in current legislation, without bureaucratic obstacles or embarrassment to people who are pregnant and seek care, giving special attention to the situation of black pregnant and parturient women who suffer from the impact of institutional racism on maternal health.

Join Our Efforts

Help empower individuals and communities to achieve structural changes in Latin America.

Donate Contact Us