Nicaragua: UN Committee on the Elimination of Racial Discrimination alarmed by violence against indigenous and Afro-descendant peoples

Nicaragua: UN Committee on the Elimination of Racial Discrimination alarmed by violence against indigenous and Afro-descendant peoples

Washington D.C., August 31, 2022-. Upon concluding its review of Nicaragua’s level of implementation of the Convention on the Elimination of All Forms of Racial Discrimination on Tuesday, August 30, the UN Committee on the Elimination of Racial Discrimination (CERD) published its concluding observations, where it expresses deep concern about the State’s lack of cooperation and involvement with the mechanism, evidenced by its absence from attending the sessions in which the review took place, and despite alarming allegations of violence and serious attacks against indigenous and Afro-descendant populations within their territories. 

“The Committee is seriously concerned about the numerous attacks that have been perpetrated against indigenous peoples in the Mayangna Sauni As Territory in the area of the Bosawás Biosphere Reserve,” read the CERD report, which also calls on the Nicaraguan State to take urgent preventive measures and to conduct thorough, impartial and effective investigations into these attacks “so that those responsible are prosecuted and duly sanctioned”. 

Among the Committee’s other main concerns were the arbitrary shutdown of civil society organizations, the criminalization of indigenous and Afro-descendant human rights defenders, the lack of national legislation prohibiting racial discrimination based on the Convention’s standards, the structural discrimination found in the precarious living conditions and the persistent exclusion of these peoples; the difficulties in the application of the communal, territorial and regional autonomy regime, and the lack of implementation of the stage for the restoration of indigenous territories established in Law 445. 

The observations refer to “reports on the lack of certification of indigenous authorities legitimately elected in community or territorial assemblies” and denounce the imposition of “parallel governments” made up of government officials and/or persons related to the government, which affects the rights of autonomy and political participation of the indigenous and Afro-descendant peoples of the caribbean coast. 

It also references reports of concessions of licenses for the exploitation of natural resources and development projects have been granted within indigenous territories without prior consultation processes to obtain the free, prior and informed consent of the affected peoples, or through consultations with persons “not legitimized” to represent these peoples. Unfortunately, these concessions bring with them social, environmental and cultural impacts that seriously affect livelihoods and ways of life, “generating food crises, forced displacement and health problems for the affected communities”.

“The Committee is seriously concerned that the Grand Interoceanic Canal project, which affects the territory of the Rama indigenous people and the Afro-descendant Kriol communities and the territory of the Bluefields Creole community, has not been duly consulted with the affected peoples,” the Committee states.

Finally, the Committee recommends that Nicaragua formulate effective legislation and protection strategies in consultation with the indigenous and Afro-descendant communities, considering the cultural, regional and gender differences that may affect these peoples. It also suggests that the Nicaraguan State consider ratifying the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

NGOs denounce the State’s absence

Organizations defending indigenous and Afro-descendant peoples’ rights that have followed closely the monitoring of the application of the Convention on the Elimination of all Forms of Racial Discrimination by the State of Nicaragua consider that the Nicaraguan State’s lack of presence at the August 10 session is part of a pattern of disregard for its international human rights obligations. Among them are Fundación del Río, the Center for Legal Assistance to Indigenous Peoples (CALPI) and the Institute on Race, Equality and Human Rights (Race and Equality).

For Carlos Quesada, Executive Director of Race and Equality, “the State continues to show no signs of willingness to renew cooperation with the international community. Last year (2021), the State refused to answer the questions made by the Committee on Economic, Social and Cultural Rights (CESCR), and this year (2022), was absent from its review of the implementation of the Convention against Torture” alleging that the Committee against Torture (CAT) lacks impartiality and objectivity.

Quesada recalled that “the signing and ratification of the Convention on the Elimination of All Forms of Racial Discrimination was a voluntary action of the Nicaraguan State, which entails a series of international obligations and commitments. We demand that Nicaragua complies with the recommendations of the CERD!”, said Quesada.

For Amaru Ruiz, President of Fundación del Río and a indigenous peoples’ rights defender, who was criminalized through the Special Law on Cybercrimes (Law 1042) for defending indigenous peoples rights, “the (Nicaraguan) State’s behavior in these human rights avenues (Inter-American System and Universal System of Human Rights) has been irresponsible and disrespectful to international law”. 

Maria Luisa Acosta, Coordinator of CALPI, considers “an important action” to the Committee’s decision to continue with the evaluation process and formulating concluding observations about the situation in Nicaragua. “This decision has allowed us to have a report that demands urgent actions to address the grave human rights violations taking place, especially in order to combat acts of discrimination against indigenous and Afro-descendant peoples.”

“Hopefully, other actions will be established within the framework of the Committee’s directive, especially to continue to follow up on the situation in Nicaragua, and to have a greater impact on the State’s responsibility to comply with the conventions it has signed at the international level,” Ruiz concludes. 

UN renews crucial human rights expert mandate on sexual orientation and gender identity

The UN Human Rights Council once again reaffirms its commitment to combating discrimination and violence on the grounds of SOGI, and reminds all States of their obligations towards LGBT and gender-diverse people

(Geneva, 7 July 2022) – The United Nations Human Rights Council adopted a resolution to renew the mandate of the Independent Expert on protection against violence and discrimination on the basis of sexual orientation and gender identity (SOGI) for three more years. In a critical vote, the resolution was adopted by a vote of 23  in favour, with 17 voting against and 7 abstaining.

1’256 non-governmental organisations from 149 States and territories in all regions supported a campaign to renew the mandate.

Today’s vote was the first time that the Human Rights Council adopted a resolution explicitly condemning legislation that criminalises consensual same-sex conducts and diverse gender identities, and called on States to amend discriminatory legislation and combat violence on the grounds on SOGI. 

“Billions of people continue to live with laws and societal attitudes that put them in danger”, said Manisha Dhakal of Blue Diamond Society in Nepal, on behalf of a global coalition of civil society organisations. “Acknowledging that so much work remains to be done, the Council once again reaffirmed its commitment to combatting discrimination and violence on grounds of SOGI, reminding all States of their obligations towards these communities.”

“The existence of a specific UN human rights mechanism on violence and discrimination on the basis of SOGI is crucial for our communities to be heard at the global level,” added Carlos Idibouo of Fierté Afrique Francophone (FAF) from Cote d’Ivoire. “If the world is truly committed to leaving no one behind, it can’t shy away from addressing the violence and discrimination that we face. Laws criminalising our identities and actions are unjust and should no longer be tolerated”.

Created in 2016, and renewed for the first time in 2019, the Independent Expert has been supported by a growing number of States from all regions. The resolution to create and renew the mandate was presented by a Core Group of seven Latin American countries – Argentina, Brazil, Chile, Colombia, Costa Rica, Mexico, and Uruguay –  and was cosponsored by 60 countries from all regions. 

“Having secured a renewal for three more years, this mandate will now continue to support initiatives in countries around the world ensuring that LGBT and gender-diverse people live free of inequality , and to amplify their voices and testimonies in international human rights fora,” added Aleh Ordóñez Rodríguez of Ledeser in Mexico.

Not only did the renewal process successfully overcome 12 of 13 hostile amendments, the core of the resolution affirming the universal nature of international human rights law stands firm.

The Independent Expert assesses implementation of international human rights law, by talking to States, and working collaboratively with other UN and regional mechanisms to address violence and discrimination. Since 2016 the world has heard more about the impact of criminalisation of same-sex relations between consenting adults, the need to legally recognise a person’s gender, the barriers to social inclusion and the importance of collecting data related to LGBT lives, the harm caused by so-called ‘conversion therapy’, and more. The Expert has also cast a light on good practices to prevent discrimination, and recently conducted visits to Argentina, Georgia, Mozambique, Tunisia, and Ukraine.

We hope that all governments cooperate fully with the Independent Expert in this important work to bring about a world free from violence and discrimination for all people regardless of sexual orientation and gender identity.

** ENDS **

Note to editors:

  1. The Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity is appointed by the UN Human Rights Council. The mandate was established in 2016 and has been held by Vitit Muntarbhorn (2016-2017) from Thailand, and Victor Madrigal-Borloz (2018-ongoing) from Costa Rica..
  1. The press release refers to “people of diverse sexual orientations and gender identities” or to “LGBT” – instead of “LGBTI” – as the mandate is specifically tasked with addressing human rights violations on sexual orientation and gender identity.

 

Pride 2022: Recognizing the LGBTI+ hands that have built this path

Washington DC, June 28, 2022. – On June 28 of each year, LGBTI+ people from around the world come together publicly in large marches to celebrate and vindicate their lives, celebrating sexual orientation and gender identity diversity, and the freedom to express themselves. It is a vindictive moment where lesbians, bisexuals, gays, trans, intersex and queers challenge prejudices and stigmas face to face, proudly reaffirming who they are, their human rights and the progress achieved after decades of struggle.

This commemorative date has its origin in the uprising in Stonewall, New York in 1969, which consisted of several days of protests against the persecution and repression of the American police against LGBTI+ people. An article from the NYC LGBT Historic Sites Project mentions that these events did not start the LGBTI+ social movement, but they did cause a great impact, since it inspired and allowed for the emergence of hundreds of new organizations around the world.

In this regard, Dámaso Jussette, a Nicaraguan transfeminist woman who is a member of the National LGBTIQ+ Roundtable and the Articulation of Social Movements, shared that “LGBTIQ+ people have been very present in history, but as [LGBTIQ+ people] they are not. The difference is that the patriarchy has tried to erase us, but in the same way that we have resisted until today, we will continue to do so.”

53 years since the Stonewall uprising, a day like today —characterized by celebration, visibility, and pride— is possible thanks to the effort and courage of people who stood up to persecution, violence, and injustice against the LGBTI+ population from various quarters of the world.

For example, the Peruvian feminist lesbians have achieved that, for the first time, the CEDAW Committee mention them in the periodic recommendations that they make. They also have a working table in the Ministry of Women, where they influence the government to implement public policies aimed at lesbians. Likewise, they have obtained dialogues with high-ranking representatives of the Judiciary. “It’s not easy, but we continue to insist that the State undertake studies on the situation of lesbians and produce specific data about us,” says Luisa Zanabria, a member of the organization Lesbian Independent Socialist Feminists (LIFS).

In the Dominican Republic, Christian King, a non-binary trans activist from TRANSSA (Trans Siempre Amigas), considers that, despite not having guarantees for all LGBTI+ rights, they have made valuable progress such as having a human rights unit in the Attorney General’s Office of the Republic, a National Human Rights Plan and a strategic vision plan for 2020-2024 of the Judiciary, which includes access to justice for LGBTI+ people. “To achieve this, there were many challenges faced by LGBTIQ+ organizations and activists, exposing ourselves by denouncing violations committed in our country before international human rights organizations,” he shared.

Another activist who has done important work for the LGBTI+ population in Colombia is Manuel Velandia, a gay ARTtivist. “In Colombia, we have many rights won through the courts, all of them have been achieved through rulings of the Constitutional Court. This becomes a serious problem because nothing can be taken for granted and there is a risk that anti-rights organizations, which are really present as pro-rights, try to reverse them,” he said. With him, the Homosexual Liberation movement of Colombia was founded, a pioneer of HIV prevention in Latin America. He also wrote, together with members of ActUp Canada, the first world manifesto for the rights of people living with HIV/AIDS. And in 2002, he was the first openly homosexual candidate to present himself to the Congress of the Republic.

In the case of Brazil, in 2020, the Brazilian Bisexual Front held the first B+ festival in the country, made by and for the bisexual population. During its second edition the following year they launched the Brazilian Bisexual Manifesto, the first in the entire territory. “It is a document that is resonating even outside of Brazil, mainly in the United States. It is already published in other countries and has been translated into English and Spanish”, proudly shared Vitória Régia da Silva, Co-founder of Colectivo Bisibilidade RJ. They also celebrated the signing of the Resolution of the Federal Council of Psychology, which establishes a more humane treatment for the bisexual and non-monodissident population.

Finally, we have LGBTI+ activists who find themselves in exile after facing repressive governments, such as the case of Isbel Díaz, a Cuban gay leader, and Dámaso Jussette, a Nicaraguan trans feminist woman seeking refuge in Costa Rica. In authoritarian governments such as those of Cuba and Nicaragua, LGBTI+ and human rights organizations in general are persecuted, since they have a great impact on denouncing human rights violations. “Those of us who exist despite everything always do so assuming risks that range from physical integrity, the possibility of being prosecuted for any cause invented by State Security, and the total precariousness for access to material resources, connectivity, and freedom of movement”, points out Isbel.

Thanks to the tireless work of activism and the resistance of groups in hostile countries, little by little, the LGBTI+ agenda is managing to position itself in the media, on social networks, on the political scene and is achieving important victories. Although there is still a long way to go, the leadership of LGBTI+ defenders such as those mentioned have left an open path with possibilities to continue fighting.

It is fair to remember that progress in terms of LGBTI+ human rights has been achieved through the efforts of those who have preceded these struggles and by those who continue to influence them to protect and defend them. For this reason, Race and Equality salutes the great contributions of LGBTI+ leadership in Latin America and the Caribbean, and recognizes that if, today, fear and shame are no longer an option for many people, it is thanks to the battles that have been and continue to be fought for the recognition and respect of dissident bodies and identities.

#RenewIESOGI: CSOs urge the Human Rights Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity during its 50th session

In every region of the world, widespread, grave and systematic violence and discrimination based on one’s real or perceived sexual orientation and/or gender identity persists.

Killings and extrajudicial executions; torture, rape and sexual violence; enforced disappearance; forced displacement; criminalization; arbitrary detentions; blackmail and extortion; police violence and harassment; bullying; stigmatization; hate speech; disinformation campaigns; denial of one’s self defined gender identity; forced medical treatment, and/or forced sterilization; repression of the rights to freedom of expression, association and assembly, religion or belief; attacks and restrictions on human rights defenders and journalists; denial of services and hampered access to justice; discrimination in all spheres of life including in employment, healthcare, housing, education and cultural traditions; and other multiple and intersecting forms of violence and discrimination. These are some of the human rights violations and abuses faced by persons of diverse sexual orientations and/or gender identities.

This dire human rights situation has motivated significant action at the United Nations, which we celebrate, to recognize and protect the human rights of these persons and communities. In 2016, the Human Rights Council took definitive action to systematically address these abuses, advance positive reforms and share best practices – through regular reporting, constructive dialogue and engagement – and created an Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity (SOGI).

In 2019, the renewal of this mandate was supported by more than 50 States from all the regions of the globe and by 1,314 organisations from 174 States and territories. This growing support is evidence of the critical importance of this mandate and its work to support persons of diverse sexual orientations and/or gender identities, and those who defend their rights, both at international human rights fora and at the grassroots level.

Over the past 6 years the two mandate holders have conducted in-depth documentation of discrimination and violence based on SOGI through reports and statements; have sent over 100 communications documenting allegations of such violations in all regions; have carried out 5 country visits; have identified root causes; and addressed violence and discrimination faced by specific groups, including lesbian, bisexual, trans and gender diverse persons.

The mandate has also welcomed progress and identified best practices from all regions of the world, including in decriminalisation, legal gender recognition, anti-discrimination laws and hate crime laws. All while engaging in constructive dialogue and assisting States to implement and further comply with international human rights law and standards, as well as collaborating with UN mechanisms, agencies, funds and programs and other bodies in international and regional systems.

Despite these positive advances, today over 68 countries still criminalize consensual same-sex conducts and relations of which 11 jurisdictions still carry the death penalty and more than 10 countries still criminalise diverse gender expressions and identities, and the abovementioned human rights violations persist. Furthermore, at least 4042 trans and gender-diverse people were reported murdered between 1 January 2008 and 30 September 2021. With many more cases going unreported, 2021 has been the deadliest year for trans and gender-diverse people since data collection began. It is clear that this mandate remains essential.

A decision by Council Members to renew this mandate would send a clear message that violence and discrimination against people of diverse sexual orientations and/or gender identities cannot be tolerated. It would reaffirm that specific, sustained and systematic attention continues to be crucial to address these human rights violations and ensure that LGBT people are in fact free and equal in dignity and rights.

We, the 1117 NGOs from 134 States and territories around the world, urge this Council to ensure we continue building a world where everyone can live free from violence and discrimination. To allow this important and unfinished work to continue, we urge the Council to renew the mandate of the Independent Expert on violence and discrimination on the basis of sexual orientation and gender identity.

International Day for the Elimination of Racial Discrimination: The new international standards on the rights of people of African descent and racial justice, and the Inter-American Convention against Racism

Washington D.C., March 21, 2022.- Since events such as the murder of the African American citizen George Floyd, the problems of racism and racial discrimination have been positioned on the world agenda, generating reactions and measures of protection and reparation for people of African descent. It is undeniable, for example, the effort that has been made at the level of the Universal Human Rights System to create and strengthen international mechanisms in matters of human rights of this population and racial justice.

This International Day for the Elimination of Racial Discrimination, from the Institute on Race, Equality and Human Rights (Race and Equality) we want to recognize the new international standards on the rights of people of African descent and racial justice, but also call that these mechanisms go from paper to reality, and we can show a full guarantee of rights for Afro-descendants throughout the world.

The mechanisms and their mandates

The aforementioned context of awareness and actions in favor of the rights of people of African descent has also been driven by the plan of activities for the International Decade for People of African Descent (2015-2024). One of its main objectives is to approve and strengthen national, regional, and international legal frameworks in accordance with the Durban Declaration and Program of Action and the International Convention on the Elimination of All Forms of Racial Discrimination, and to ensure their full and effective implementation.

In 2021, the United Nations adopted two important mechanisms. One of them is the Permanent Forum of Afro-descendants, which was approved in August through Resolution 75/314 of the United Nations General Assembly, with the mission of being an advisory body to the Human Rights Council. Among its mandates is that of “contributing to the full political, economic and social inclusion of Afro-descendants in the societies in which they live, on an equal footing with other citizens and without discrimination of any kind, and to help guarantee the enjoyment in conditions of equality of all human rights.”

The resolution determines that the Forum will be composed of ten members. Five of these members—who currently include the former Vice President of Costa Rica, Epsy Campbell, and the attorney Justin Hansford of the United States—are designated by governments and elected by the General Assembly on an equitable geographic distribution basis, and five more appointed by the president of the Human Rights Council in consultation with Afro-descendant organizations. Another of its mandates is to evaluate a possible United Nations declaration on the promotion, protection, and full respect for the human rights of people of African descent, in addition to identifying best practices, challenges and opportunities and initiatives to address issues related to Afro-descendants.

On another note, in its resolution adopted on July 13, 2021, the Human Rights Council decided to establish an international mechanism of independent experts, composed of three experts with experience in law enforcement and human rights, who must be appointed by the chairman. Its mandate is to examine systemic racism and the excessive use of force and other violations of international human rights law against Africans and people of African descent by law enforcement officials around the world.

The mandate of this international mechanism of independent experts is for three years, and is clearly defined in nine tasks, among them is “making recommendations on the way in which national legal regimes use of force by law enforcement agents may conform to applicable human rights standards.” In addition, its means of action include country visits and inclusive outreach and consultations with States, directly affected individuals and communities, and other stakeholders.

Last December, it was learned that the mechanism was made up of Judge Yvonne Mokgoro from South Africa, Tracie L. Keesee from the United States and Juan Méndez from Argentina. One of their next missions, according to the resolution of the Human Rights Council, is that, together with the High Commissioner for Human Rights, they write two separate reports annually and present them to the Human Rights Council as of its 51st session, scheduled for take place between September and October of this year. This in the framework of an interactive dialogue in which priority is given to the participation of the people and communities directly affected, including the victims and their families.

Situation in Latin America

In Latin America, racism and racial discrimination are structural and persistent problems, with diverse manifestations and consequences that have their roots in the slavery imposed by European colonialism. The recent visibility of police brutality, episodes of racial profiling, systemic violence against people of African descent, and their impunity, are proof that these evils are still latent in society in the 21st century.

Given this reality, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI) is configured as a powerful tool to combat these problems. This Convention was adopted by the OAS General Assembly on June 5, 2013, thus becoming the homologous convention of the International Convention on the Elimination of Racism and Racial Discrimination (CERD) of 1965, the first international instrument of universal scope from which the fight against racism and racial discrimination was prioritized, and of which the 35 member states of the OAS are part of.

To date, only six countries in the Americas (Antigua and Barbuda, Brazil, Costa Rica, Ecuador, Mexico, and Uruguay) have fully adhered to the CIRDI, that is, they have signed and ratified it. Meanwhile, seven other countries (Argentina, Bolivia, Chile, Colombia, Haiti, Panama, and Peru) have only signed it, so the instrument is not yet binding in those States. Race and Equality, through the CIRDI 2024 campaign “Towards a region free of racial discrimination”, has proposed to promote the ratification and implementation of the CIRDI in most of the countries that make up the OAS.

Regarding the CERD, the CIRDI contains innovative provisions, such as placing the definition of the term “racism” in a legal instrument, as well as establishing that acts of racial discrimination can occur in both the public and private spheres, while the CERD limits these facts only to the private sphere. The CIRDI also contemplates the creation of an Inter-American Committee for the Prevention and Elimination of Racism, Racial Discrimination and All Forms of Discrimination and Intolerance. This Committee’s mission is to monitor the commitments assumed in the Convention, serve as a forum for the exchange of ideas and experiences, make recommendations to the member states, and receive reports from the States on compliance with the obligations of the Convention. However, the establishment of this Committee is subject to 10 countries ratifying the Convention, which has not yet happened.

Relevance of the CIRDI for Colombia and Brazil

In Colombia, the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance began its ratification process through the presentation of the Bill for its approval on December 16, 2021. This Convention could mean a substantial contribution to the construction of peace in Colombia with its ratification. In particular, the CIRDI would be a living legal instrument that would provide support and strengthening to the existing legal framework, especially in the recognition of racism and racial discrimination as structural phenomena that have sustained disproportionate and differentiated affectations against the black, afro-Colombian raizal, and palenquera population.

People of African descent suffered the disproportionate impacts of the armed conflict in Colombia. According to the Unit for Comprehensive Care and Reparation for Victims (UARIV), 1,177,120 Afro-Colombian people have been registered as victims in the Single Registry of Victims (RUV) to date. The Final Peace Agreement recognized the disproportionate impacts against Afro-Colombian communities, especially through the inclusion of the Ethnic Chapter, whose purpose is to generate maximum guarantees for the full exercise of human rights of ethnic communities in the country. In this sense, it points out that the Peace Agreement must be interpreted considering the existing international, constitutional, jurisprudence and legal framework, including, for example, the International Convention on the Elimination of All Forms of Racial Discrimination (CERD).

The ratification of the CIRDI implies that the countries make modifications in their legislation to adapt to the principles and mandates of the Convention, so its ratification in Brazil in February 2021 opened a new scenario for anti-racist discourse and activism in the country, where 55% of the population is Afro-descendant. However, at the same time, an important challenge is configured, which is to guarantee its effective implementation. At Race and Equality, we have acquired the commitment to provide technical assistance to both civil society and the State so that the CIRDI becomes a reality in Brazil.

Notably, police brutality accounts for a large proportion of the murders of Afro-Brazilian men and women, including Afro-transgender women. The Brazilian Forum of Public Security documented that “the mortality rate in 2019 due to police interventions was 183.2% higher for Afro-descendants than for whites.” Along the same lines, the Brazilian Public Security Yearbook documented that Afro-descendants are the greatest victims of police lethality; in 2019, 79.1% of the victims of police interventions were Afro-descendants, while 20.8% were white.

We see then that, both at the universal level and at the inter-American level, there are strengthened and innovative mechanisms for the defense and protection of the rights of the Afro-descendant population. This is, without a doubt, a great step towards the elimination of racism and racial discrimination, since for this there has been a process of reflection and evidence of the causes, manifestations, and consequences of these evils in different areas of society. We are now faced with the task of appropriately and effectively implementing these instruments. Such a mission not only corresponds to the States as responsible for the adherence and implementation of the mechanisms, but from civil society and from the international community there must be the responsibility to follow up on these processes.

At Race and Equality, we firmly believe that these new mechanisms, added to those that have existed for several years, represent an opportunity to make visible and improve the human rights situation in the region, in the short and medium term. Therefore, we reaffirm our commitment to continue strengthening the capacities of civil society organizations so that they undertake advocacy and monitoring processes in the adoption and implementation of these instruments. In the particular case of the CIRDI, we call on States to ratify and implement this important Convention in terms of human rights, as well as activists and organizations to establish strategic routes to influence the ratification and implementation of the Inter-American Convention against Racism in their respective countries.

Protecting the Rights of Afro and Traditional Quilombola Brazilians: A Conversation Led by the Collective of Black Entities of Brazil

Washington DC, March 10, 2022 – The International Institute on Race, Equality and Human Rights (Race & Equality) and The Washington Office on Latin America (WOLA) cordially invite you to the following event: “Protecting the Rights of Afro and Traditional Quilombola Brazilians: A Conversation Led by the Collective of Black Entities of Brazil”.

Over the past decade, the crisis of police violence in Brazil against Afro and traditional Quilombola Brazilians has exacerbated exponentially. It is a known statistic that a Black Brazilian youth dies every 23 minutes in the country, yet there has been no accountability on behalf of the state. Likewise, the lives of traditionally Black peoples, like the Quilombola communities and those of Afro-Brazilian religions such as Candomblé, continue to be threatened daily, and the state has again lacked in enforcing accountability and protecting the rights of these communities. The Collective of Black Entities (CEN), a national entity of the Brazilian Black movement, has initiated several programs to bring media attention to the crisis and support Black Brazilians who have been wrongfully incarcerated. The CEN was founded in 2003 in Bahia, the capital of Salvador, and is present today in seventeen Brazilian states and three Latin American countries. 

Join us for an event on Monday, March 14 at 2:00 p.m. with Marcos Rezende and Yuri Silva, who will discuss the state of police violence against Black Brazilians and the struggle to guarantee the rights of these marginalized communities.

Event Details:
Monday, March 14, 2022

2:00 p.m. – 3:00 p.m. EST

In-person event at Race and Equality’s DC Office:

1620 Eye (I) St, NW, Suite 925

Washington, D.C., 20006

RSVP for in-person attendance by sending  a message to: calixto@oldrace.wp

This event will also be live streamed through Zoom: Register on Zoom

Simultaneous interpretation from Portuguese to English will be available.

Panelists:

Marcos Rezende – Founder Collective of Black Entities

Yuri Silva – National Coordinator Collective of Black Entities

Moderator: Nathaly Calixto – Race and Equality Brazil Program Officer 

Nicaragua: UN High Commissioner for Human Rights calls on the Human Rights Council to take all measures within its power to promote accountability for serious violations 

Washington DC, December 15, 2021.- In compliance with Resolution 46/2 of the Human Rights Council on Nicaragua, the Deputy High Commissioner of the United Nations Office for Human Rights, Nada Al-Nashif called again for the Government of Nicaragua to commit itself to the mechanisms for the protection of human rights of the United Nations system in order to urgently restore the rights and public liberties that have been severed. She highlighted the essential role of the Human Rights Council, through which the international community can help “restore the rule of law and democratic institutions” in the country.  

In her statement, Al-Nashif again called on the Human Rights Council to consider “all the measures at its disposal to promote accountability, search for the truth and comprehensive reparation to the victims for the serious violations that have occurred since 2018.”  She warned of the alarming deterioration of civil and political rights in the electoral context, which caused Nicaragua to lose the opportunity to take “a step forward towards a peaceful and democratic solution to the political, social and human rights crisis that has affected the country since 2018” and initiate a process of opening spaces and progress towards accountability and reparation for the victims of human rights violations.  

The presidential votes held on November 7, took place in a repressive environment, without the minimum guarantees of legitimacy required to be referred to as “elections.” Between May and October 2021, the Office of the United Nations High Commissioner for Human Rights (OHCHR) documented the cancellation of the legal status of three political parties and 45 civil society organizations, and the arrest of at least 39 political leaders, human rights defenders, businessmen, journalists, and peasant and student leaders; among them, 7 people who publicly expressed their will to run for the Presidency of Nicaragua. 

Days before, during and after the voting, the OHCHR documented the arrest of 10 political activists and journalists. Eight of these people remain under arrest and held uncommunicated while facing “ambiguous criminal charges.”  This shows a pattern of human rights violations and abuses that state authorities have followed.  

Al-Nashif demanded the release and restitution of the civil and political rights of all those arbitrarily detained, an end to the harassment and criminalization of political opponents, journalists, lawyers and human rights defenders; and, again, insisted that the OHCHR and other human rights mechanisms be granted the necessary access to the country to duly fulfill their mandates.  

More than 50 countries concerned about Nicaragua 

 In a joint statement presented by Chile, more than 50 countries expressed solidarity with the Nicaraguan people and made an urgent call to the State to immediately release all political prisoners, cease politically motivated detentions and repressive actions against the media and minorities. They also asked the Council to take “any concrete measure in order to support the efforts of the Nicaraguan people to restore democracy and the rule of law in their country.” 

 Finland on behalf of the Nordic Baltic countries (Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden), Peru, Spain, the United States, Ukraine, Switzerland, Colombia, the Czech Republic and other countries called on the Government to resume cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as with regional human rights mechanisms.  

Human rights organizations call for a #MechanismForNicaragua 

Race and Equality, Human Rights Watch, Civicus, International Human Rights Network, Center for Justice and International Law, International Service for Human Rights, Center for Civil and Political Rights, among other human rights organizations, urged the Council to establish an international investigation and accountability mechanism at its 49th session, scheduled for March 2022.  

Race and Equality and the International Service for Human Rights, on behalf of Lizeth Dávila – members of the Association of Mothers of April (AMA) and mother of Álvaro Conrado Davila, the first adolescent killed in the context of the social protests of 2018, urges the Council to create this mechanism, made up of one or more independent experts, to verify the serious human rights violations documented, preserve the evidence, identify the culprits, and lay the foundations for a justice process in my country.  

“We need justice, we need accountability, for ourselves, for our children and for the people of Nicaragua”, exclaimed Dávila. 

This call from civil society for the establishment of an independent mechanism for investigation and accountability is based on the apparent unwillingness of the State of Nicaragua to cooperate with the mechanisms of human rights protection and the lack of implementation of recommendations after more than three years of scrutiny by the Human Rights Council. This refusal has been accompanied by a continuous and rapid deterioration, where repression has continued and where despite extensive documentation, Nicaragua still does not recognize any responsibility for serious violations that have occurred since 2018. 

Nicaragua needs a strong response from the international community that sends a clear message to combat impunity, that lays the foundations for a future justice process and helps identify the structural changes that Nicaragua needs to overcome this crisis. 

 

 

 

 

Human Rights Day: Doubling efforts for the Promotion and Defense of Human Rights During a Time of Authoritarianism and Hate Speech

Washington D.C., December 10, 2021.– Latin America is experiencing critical moments in terms of human rights. The arbitrary exercise of power and hate speech which pervades different spheres of society have given rise to a social context riddled with systematic human rights violations, where communities like Afro-descendants, indigenous, LGBTI+, women, human rights defenders and political dissenters confront particular risks and consequences.

This December 10, in recognizing Human Rights Day, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to call attention to the international community and society in general regarding persisting issues which are worsening in several countries in Latin America and the Caribbean, and those of which demand urgent joint action to put a stop to repressive acts that undermine fundamental rights, including the right to life.

Systemic Racism

In Colombia, the response of the Public Force to the National Strike – which began on April 28 – have disproportionately affected the Afro-descendant and Afro-LGBT+ communities. Race and Equality and CODHES, THE Commission for Life and the Humanitarian Bureau, recorded 108 homicides as of July 8, 2021, 39 of which were against people of African descent, or 36.1%.

Following their visit on June 8, the Inter-American Commission of Human Rights (IACHR) released a report of Observations and Recommendations, in which expresses their concern for racial profiling, stigmatizing dialogues and political violence, and also highlighted gender violence which affects Afro-descendant women differently.

However, the Colombian State has adopted a position of denial and has not recognized the recommendations brought forth by the IACHR, questioning the report’s legitimacy since the Commission’s findings do not match that of the State’s. When referring to systemic racism and racist violence, officials have argued that the State already has regulations to deal with discriminatory practices, essentially denying that the existing normative framework fails at handling these issue effectively in Colombia.

Political Violence

Brazil is currently in a time of heightened political tension, which black and LGBTI+ women candidates are under constant threat of political violence which has spread throughout the country. Political violence is a phenomenon which undermines and eliminates the life and integrity of peoples, and also the right to practice political rights for entire communities, which are represented by these women who, in general, have extensive histories as human rights defenders.

 In 2021, along with organizations like the National Association of Travestis and Transsexuals (ANTRA), Criola, Land of Rights, Marielle Franco Institute, Global Justice and the National Network of Blacks and Black LGBT+ (Afro LGBT Network), Race and Equality had a session with the IACHR to denounce the situation of political rights of Black councilors (cis and trans) in Brazil. Those in attendance on April 2021 submitted recommendations for the IACHR to guarantee the rights and protection of women who form part of the political arena in the country.

Politically Motivated Imprisonments

Within Nicaragua’s prisons, citizens find themselves deprived of their right to defend human rights, participate in social protests, speak openly about their desire to run for the presidency of Nicaragua and/or demonstrate their discontent towards Daniel Ortega and Rosario Murillo’s government on social media and other platforms.

Following the most recent bulletin from the Special Follow-Up Mechanism for Nicaragua (MESENI) of the IACHR, published in October 2021, since the beginning of the sociopolitical crisis in April 2018, the Nicaraguan State has arbitrarily detained more than 1614 people and 149 continue to be under arrest. Unfortunately, these numbers have increases in recent days, during and after the presidential elections on November 7, without guarantees of liberty, justice, transparency, or legitimate democracy.

It should be noted that the Inter-American Court of Human Rights (the Court) declared the State of Nicaragua to be in contempt following its failure to comply with the order for the release of 21 persons identified as opponents, as well as other measures to safeguard human rights for Juan Sebastian Chamorro and others.

Repression against Civil Society and Independent Press

2021 has been decisive in the repressive situation in which civil society and the independent press confront in Cuba, most of which follows the historic protests of July 11. Recently on December 8, Cubalex published a report concerning arbitrary detentions in within the context of the protests, which notes that 1,306 persons were deprived of liberty that day and in the days that followed, and of those, 703 remain in prison. Among those detained are activists, human rights defenders and journalists.

This situation is exacerbated by the intense repression that the Government has unleased since September 20, when the civil society called for the Civic March for Change. Since that date, interrogations, raids, arbitrary arrets, police siege, assaults and defamation campaigns have been recorded among many other acts that kept the November 15 protests from reaching fruition. On that day, authorities resorted to confining demonstrators to their homes to prevent them from joining the march, and in many cases, cut access to internet.

Although the Government of Cuba has received numerous calls from the international community to guarantee and respect the human rights of the population, such as the rights of peaceful assembly and association and freedom of expression, authorities have taken no action and the situation continues to worsen as the country plunges deeper into an economic crisis.

Discrimination and Violence for Sexual Orientation and Gender Identity

The lack of recognition of the rights of persons with diverse sexual orientation and gender identity generates a precarious environment of discrimination and violence against LGBTI+ people in the region. In 2021, Latin America continue to be the region with the highest murder rates of trans people in the world. Of the 375 registered globally, 311 occurred between Mexico, Central American and South America. The LGBTI Nonviolent Platform, a system of information on violence against the LGBTI population in Latin America and the Caribbean, documented more than 600 LBGTI+ people killed between 2019 and 2020.

Despite this adverse context, LGBTI+ activists and organizations continue in their struggle for respect and the guarantee of their rights. In Peru, for example, the trans community remains steadfast in its demand for a Gender Identity Act that contributes, first and foremost, to the recognition of their identities and, therefore, ensuring their access and equality in varying societal spheres.

In the Dominican Republic, organizations working for the rights of LGBTI+ people have intensified their efforts after the Dominican Chamber of Deputies approved a reform of the Penal Code, on June 30, which excluded sexual orientation as a cause of discrimination. Indeed, the struggled continues for gender identity to be included among the causes of discrimination.

Promotion of Equality

On September 2, the “Toward a Region Free of Racial Discrimination” campaign was launched and will be active until 2024, seeking to promote the universal ratification and implementation of the Inter-American Convention Against Racism, Racial Discrimination and Related Intolerance (CIRDI).

Race and Equality considers that the ratification and implementation of CIRDI is essential for progress in increasing visibility and recognizing the systematic forms of oppression that exist in this hemisphere against the people of African descent, indigenous peoples and other racial groups and minorities. It also believes that this Convention represents a key point for the countries within the region to fulfill their obligations to promote equitable conditions, equal opportunities and combat racial discrimination in all of their individual, structural and institution manifestations.

To date, the campaign has launched in Colombia and Uruguay, and this December 10 is Brazil’s turn. In Colombia, the case is being made before the State to promote the ratification of CIRDI, while in Uruguay and Brazil, the movement is starting to gain momentum in ensuring the effective implementation of the Convention.

Race and Equality hopes that this Human Rights Day will help to make these worrying situations in the region visible and unites the efforts of many to promote changes for a more democratic, just society that is more equitable and respectful of human rights. We also reaffirm our commitment to continue working with local activists and organizations in the promotion and defense of these fundamental rights.

Joint statement: States must support new UN body to counter anti-Black racism by ensuring the nomination of strong and independent experts

November 29, 2021.– After years of standstill, the UN General Assembly has finally adopted a resolution in August 2021 creating a long-awaited new body to inform UN and state efforts to combat anti-Black racism: the UN Permanent Forum on People of African Descent.

While a number of other UN bodies and mechanisms have been established to combat racism and racial discrimination, this Forum is unique as it has been designed as a space for people of African descent and for anti-Black racism activists themselves to participate in policy discussions, in an open Forum where rights-holders from all continents can sit alongside UN and state representatives, share their experiences, analysis and recommendations, and have their voices heard.

Minority Rights Group International (MRG), the International Movement against All Forms of Discrimination and Racism (IMADR) and the International Institute on Race, Equality and Human Rights (Race and Equality) warmly welcome the creation of the new Permanent Forum as a potential milestone in the growing mobilization against the worldwide scourge of anti-Black racism, violence and discrimination.

However, such a Forum can only be as strong and effective if UN member states will allow it to be. The work of the Forum will be led by a group of 10 experts, half of whom will be elected by the UN General Assembly among a pool of candidates nominated by UN member states[1]. It is therefore now the responsibility of states, individually and collectively, to ensure that the work of the Forum will be steered by strong and independent experts with the ability and will to make this Forum both an open and inclusive space, and an effective and impactful body for the fight against anti-Black racism.

Recalling the paragraph 2 of the resolution, our organizations call on UN member states from all regions to engage actively in the process of setting-up of this new Forum by nominating strong and independent candidates, able to command the respect of those affected by this issue, with relevant expertise and experience, a proven commitment to the fight for equality and a proven track record in defending human rights for all and in fighting racial discrimination. States should identify their nominees in consultation with those for whom this Forum has been created, namely organizations representing people of African descent and anti-racial discrimination movements and activists. It is our view that the Forum will be best served by being led by experts who are fully independent of their nominating state.

The unanimous adoption of the resolution creating the Forum earlier this year was a decisive first step in the right direction. States must now demonstrate their commitment to making this Forum an effective body by promoting competitive elections and merit-based nomination procedures.

Contact persons: 

  • Glenn Payot, Minority Rights Group International – glenn.payot@minorityrights.org
  • Taisuke Komatsu, the International Movement against All Forms of Discrimination and Racism (IMADR) –tkomatsu@imadr.org
  • Tania Agosti, the International Institute on Race, Equality and Human Rights (Race and Equality) – agosti@oldrace.wp

 

[1] The other half will be appointed by the President of the UN Human Rights Council, after consultation with states, and “on the basis of broad consultations with organizations of people of African descent” (Resolution A/75/L.119/Rev.1, para. 2)

United Nations Independent Expert on Sexual Orientation and Gender Identity Visits Honduras, El Salvador, and Guatemala in a Mission of “Active Listening” coordinated by Race and Equality

Washington DC, October 19, 2021.- The International Institute on Race, Equality and Human Rights (Race and Equality), in conjunction with the delegations of the Office of the United Nations High Commissioner for Human Rights in Guatemala, Honduras and Panama, organized a promotional visit with the Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Víctor Madrigal-Borloz, to Honduras, El Salvador and Guatemala.

The visits took place between October 11 and 16, the Independent Expert (IE SOGI) had the opportunity to meet with activists and LGBTI + groups from each country. In each “Listening Visit” — as the IE SOGI called them — he actively listened and dialogued with representatives and members of organizations that promote and defend the human rights of LGBTI + people, this contributed to strengthening the links between civil society and his Mandate.

The meetings were held in Tegucigalpa (Honduras), San Salvador (El Salvador) and Guatemala City (Guatemala). In total, around 35 organizations attended the meetings, and more than 100 activists from the LGBTI + community participated, including people who attended a public event in the Honduran capital, where the IE SOGI presented his latest report on gender identity, entitled, The Law of Inclusion & Practices of Exclusion.

In Honduras, Madrigal-Borloz listened to organizations that expressed concerns around the criminalization of LGBTI + people, particularly in the electoral context that the country is experiencing before the general elections scheduled for November 28. They noted that both the candidates and President Juan Orlando Hernández continue to spread hate speech which contributes to an increase in violence against LGBTI + people. This is aggravated, they said, by the multiple barriers that this community faces in access to justice, starting with discrimination based on their sexual orientation or gender identity.

Honduran civil society also described the various efforts that have been made to introduce a draft Gender Identity Law to the National Assembly, but to date have not been able to discuss it in Parliament. In this regard, they referred to the lack of guarantees for trans persons to have access to work, education and health, and in cases where they have had access to these spaces, they have been victims of expulsion and ill-treatment, especially in the area of health where staff are not trained and therefore engage in stereotypes and discriminatory practices.

The LGBTI+ population in El Salvador confronts a similar situation, where in May -after a new National Assembly was installed with a resounding majority of President Nayib Bukele’s party -the National Assembly archived a draft Gender Identity Law that had been introduced in March 2018. While organizations noted a decrease in official homicide figures, they were concerned about the increase in the number of missing persons. Likewise, lesbian women organizations highlighted that the fear of identifying as a lesbian woman due to the discrimination and violence they face prevails among this community.

The organizations also raised concerns regarding the persecution of trans women who are sex workers, and the lack of attention and protection of the State in the face of hate crimes suffered by LGBTI+ people in El Salvador. This, they said, is affecting the internal displacement and migration of this population, for which the spaces for participation and denunciation are increasingly closed. The Independent Expert also had the opportunity to meet with academic organizations and institutions who engage in data collection and legal and humanitarian assistance. In that regard, the importance of carrying out such work from a differential and intersectional perspective was highlighted.

In Guatemala, the organizations expressed concern about the NGO Law, because it implies limitations and threats to organizations that promote and defend human rights, and by the initiative of Law 5940 or Law to guarantee the comprehensive protection of children and adolescents against disorders of gender identity, because it proposes to remove the right to self-determination of gender identity of children and trans adolescents. This bill adds to the proposed Law 5272 or Law on the Protection of Life and the Family, which is also of great concern to civil society because it criminalizes abortion and uses retrograde and stigmatizing ideas to support the concept of cis-heteronormative families.

Activists were also able to share information on discrimination in the field of employment and education. They highlighted that transgender people are expelled from schools for making their gender identity visible and are constantly facing bullying. In addition, a large part of the transmasculine population cannot access employment because of their gender expression.

They also referred to the invisibility of lesbian and bisexual women, which means that crimes against this population are not reflected in official statistics or are categorized as crimes against heterosexual women. They also indicated that this group faces many barriers to accessing health because many do not feel comfortable going to a gynecologist and exposing their sexual life.

Race and Equality accompanied each of these meetings and will continue to support the work of the Independent Expert. In addition, Race and Equality is committed to continue working with civil society in these countries to make their struggles visible. We thank all civil society organizations, the delegations of the Office of the United Nations High Commissioner for Human Rights (OHCHR) and all those who made this visit possible.

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