Race and Equality launches informational material to increase knowledge about and advocacy before human rights protection mechanisms

Race and Equality launches informational material to increase knowledge about and advocacy before human rights protection mechanisms

Washington D.C., August 28, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) shares today with civil society and activists in Latin America and the Caribbean informational material about the Organization of American States (OAS) and its respective organs, as well as about the United Nations (UN). The objective of this material is to contribute to the increase in knowledge about and advocacy before these bodies for the defense and protection of human rights.

“As an organization which seeks to strengthen the capacities of civil society in the region in the defense and protection of human rights, Race and Equality presents this material that addresses the functioning of human rights protection mechanisms in the Inter-American System as well as in the United Nations, with the hope of generating greater access to these on the part of our partners,” stated Christina Fetterhoff, Senior Legal Program Officer at Race and Equality.

The material consists of three videos that speak about the functioning of the OAS, the Inter-American System, and the UN, respectively. Through the presentations of four animated characters and with the help of illustrations, the videos explain the work that each of these bodies carries out, as well as indicating the advocacy spaces and mechanisms available for civil society for the defense of human rights.

Each video is reinforced with a didactic material which, in an approachable way, offers more details about those advocacy spaces and mechanisms for civil society participation. Furthermore, they include the links to the official websites of the OAS and UN where people can find more information.

All of this informational material is in addition to the guide titled “Precautionary Measures of the Inter-American Commission on Human Rights: Procedure and Function” (in Spanish only) which Race and Equality launched in May 2020 with the goal of orienting lawyers and human rights activists on the process to request precautionary measures from the Inter-American Commission on Human Rights (IACHR).

You can access the videos (in Spanish only) at the following links:

OAS: https://bit.ly/2QdZzTc

Inter-American System: https://bit.ly/2FIp90O

UN: https://bit.ly/31hwddc

The didactic materials are available here (in Spanish only).

Race and Equality: The Cuban government must grant political prisoner José Rolando Casares Soto full and unconditional liberty

Washington, D.C., August 20, 2020.- On Wednesday, August 19, the International Institute on Race, Equality and Human Rights (Race and Equality) confirmed that Cuban political prisoner José Rolando Casares Soto was released under conditional liberty via a phone call with Mr. Casares. As an organization dedicated to defending and promoting human rights, we celebrate the fact that Mr. Casares, an activist and member of the Cuban Youth Roundtable (Mesa de Diálogo de la Juventud Cubana) has been released from prison and can rejoin his family; however, we continue to insist that the Cuban government grant him unconditional liberty and rescind his convictions, as well as that of his wife Yamilka Abascal Sánchez.

Mr. Casares was one of the activists whose stories were highlighted in our report Premeditated Convictions, which examined the Cuban government’s strategies for criminalizing its opponents. In July 2016, Mr. Casares and Ms. Abascal attempted to defend a friend who was being detained by the police. As a result, Mr. Casares was arrested and detained for a week. During his detention, he was forced to undergo a strip-search and interrogation. Authorities informed him that he would be charged with “assault” and “resistance,” but he was not informed of any proceedings until six months later, when he and his wife were summoned to trial.

Sentencing

The couple were tried together in a trial that was closed to the public and did not include guarantees of due process. Ms. Abascal was convicted of “contempt” and served a two-year “limitation of liberty” sentence in their home, while Mr. Casares was convicted of “assault” and “sexual obscenity.” This second charge emerged due to the police’s claim that he had taken off his own clothing while being arrested, when in fact he was forced to do so as police searched for a flash drive containing information about the Cuban Youth Roundtable.

Mr. Casares was originally sentenced to five years’ correctional labor without internment. On March 24, 2017, he was ordered to present himself at the state-run Civil Construction firm of his municipality but refused to do so in protest of his conviction. As a result, his sentence was changed to five years in prison.

After the order to appear on March 24, Mr. Casares did not receive another official communication from the court or the Ministry of the Interior (which oversees the penal system) and did not learn of his new sentence until he was arrested off the street, on his way to buy medicine for his children, on August 3. The five-year sentence is noteworthy for being longer than the 1- to 3-year sentences typically given to political prisoners.

Three years of suffering

Mr. Casares was held in Kilo 5 Prison in Pinar del Río until August 2019, when he was transferred to the Kilo 4 Penitential Center, a minimum-security facility. During his imprisonment, he suffered complications from a dental implant that was broken during his arrest, along with an intestinal prosthesis that he has had since childhood. On May 11, 2020, he was transferred to a hospital after suffering severe stomach pains for several days. At the hospital, he learned that he had a kidney stone. He received an injection for the pain but was not given any other treatment.

Mr. Casares has spent three years of life in prison, separated from his wife and children, for no reason other than his political beliefs. When he was arrested August 2017, his daughter was only 1 year old, and his younger son had just been born in April. “At last our children will enjoy the love from their father that they lost for three years … I will continue demanding the liberation of all political prisoners who are still incarcerated unjustly,” Ms. Abascal wrote on Facebook. During the family’s ordeal, Cuban security officials threatened her with the loss of custody of their children if she continued to denounce her husband’s treatment.

On August 18, the government finally approved Mr. Casares’ latest request for conditional liberty, allowing him to return home. However, he is still subject to various restrictions.

Upon being freed, Mr. Casares emphasized that other prisoners who have committed no crime remain in Cuban prisons and that he plans to continue exposing the inhumane conditions in which political prisoners are held.

Irregularities

Race and Equality has presented petitions to the United Nations Working Group on Arbitrary Detention on Mr. Casares and Ms. Abascal’s behalf, documenting how both of their detentions were arbitrary in violation of Cuba’s international obligations.

Among the irregularities documented were the lack of a legal justification for their arrest, the lack of a court order to keep them in prison, authorities’ failure to inform them why they were being held, and Mr. Casares being held incommunicado for seven days without court oversight. The Cuban state has plainly violated their rights to freedom of opinion and expression, enshrined in Article 19 of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.

These rights violations are retaliation for the couple’s work with the Cuban Youth Roundtable to denounce the government’s abuses and seek electoral reform. Race and Equality demands that Mr. Casares be granted full, unconditional freedom and that his fundamental rights be respected.

Race and Equality condemns the murder of five young Afro-Colombians in Cali and issues recommendations for ensuring truth and preventing future killings

Bogotá, August 14, 2020.- The International Institute on Race, Equality and Human Rights (Race and Equality) condemns the killing of five young Afro-Colombians, whose families had been previously victimized by Colombia’s armed conflict, in the Llano Verde neighborhood of Cali. As an organization working to protect and promote human rights, Race and Equality expresses our solidarity with the mourning families and community. We stand alongside the community to demand that this crime not fall into impunity and that the government adopt the necessary measures to prevent such tragedies from reoccurring.

The five victims have been identified as Jean Paul Cruz Perlaza, 15; Leyder Cárdenas Hurtado, 15; Juan Manuel Montaño, 15; Álvaro José Caicedo Silva, 14; and Jair Andrés Cortez Castro, 14. The five had left their homes on the morning of Tuesday, August 11 for a community activity; their bodies were discovered at the end of the day in a nearby sugarcane field, showing signs of torture and execution-style gunshot wounds.

Just two days later, on August 13, another person was killed and fifteen more were injured in the same neighborhood when an unidentified person set off an explosive device. According to local media, the bombing was an attempt to attack the local police division.

Contextualizing the events

 Race and Equality calls for full reparation of the victims’ families and community, along with measures to ensure that such tragedies do not reoccur. To be effective and to comply with Afro-Colombians’ human rights, these measures must take into account the particular circumstances of Afro-Colombians who were displaced by the armed conflict. These communities suffered grave rights violations and the loss of their ancestral territories; today, they continue to suffer further incidents of displacement, threats, attacks, murders and assassinations, forced recruitment by illegal groups including drug traffickers, sexual exploitation, and a lack of educational and work opportunities.

“Stopping the violence against Afro-Colombian communities requires us to recognize and confront the factors that underly it: historical patterns of structural racism and racial discrimination that deny Afro-Colombians the conditions to ensure equality and to claim their rights as Afro-Colombians,” according to Pedro Cortes, Race and Equality’s advisor in Colombia who leads the organization’s work accompanying Afro-Colombian organizations in denouncing rights violations and advocating for justice before the national government and the Inter-American Commission on Human Rights (IACHR)

Race and Equality has issued a set of recommendations to Colombian authorities, designed to ensure that the government’s response to the killings take into account the victims’ experiences as Afro-Colombians, address the particular impact of violence upon young Afro-Colombians, and protect the rights and safety of the victims’ families and community.

Race and Equality has also requested that the IACHR, United Nations human rights treaty bodies, and United Nations special procedures all take action to ensure that the government’s response brings justice.

Read our statement and the recommendations here.

Race and Equality publishes eight recommendations to protect the Afro-descendant population in Latin America from COVID-19

Washington D.C. August 6, 2020.– As the COVID-19 pandemic continues to reverberate across Latin America, the International Institute on Race, Equality and Human Rights (Race and Equality) set out to analyze the impact of the pandemic on the region’s Afro-descendant population. Based on the results, the organization has formulated eight recommendations for States, human rights institutions, and international bodies to develop pandemic responses that are in line with Afro-descendants’ needs.

Race and Equality conducted this research through several webinars, virtual meetings, and dialogues with Afro-descendant leaders between March 27 and May 17, 2020. Public statements from Afro-descendant civil society in the region and declarations from anti-racial discrimination mechanisms within the Organization of American States (OAS) and United Nations systems were also consulted.

According to data from the UN Economic Commission for Latin America and the Caribbean (ECLAC), the Afro-descendant population in the region totals 130 million people, representing approximately 21% of the region’s population. So far, no entity has published official data on how many Afro-descendants how been infected with, or died from, COVID-19. Civil society organizations, however, have conducted their own studies and revealed high levels of vulnerability and inequality affecting the Afro-descendant population.

A lack of vital health information, difficulties in accessing national health systems, and acts of violence by both police and illegal armed groups are all major obstacles to Afro-descendant communities as they face the pandemic. “We thought it was critical to understand Afro-descendants’ situation in the pandemic because from there, we can decide on actions to support our counterparts. We can also make better recommendations to States, human rights bodies, and international organizations about how to guarantee their rights,” said Elvia Duque, Race and Equality’s Legal Program Officer and the leader of the study.

Race and Equality developed eight recommendations for combatting structural racism and racial discrimination; improving health and education systems, especially with regards to gaps between urban and rural communities; guaranteeing human rights; and gathering trustworthy statistics to study the pandemic through an intersectional lens. The recommendations emphasize the need to implement these recommendations through consultation and coordination with Afro-descendent leaders.

Readers can find the results of the study and consult the recommendations here.

UN Working Group on Arbitrary Detention adopted two opinions on Nicaraguan cases

Washington D.C., July 20th. The United Nations Working Group on Arbitrary Detention released two opinions today, one regarding the detention of 16 Nicaraguan activists in November 2019 after they brought water and medicine to a group of mothers of political prisoners who were on hunger strike, and the other regarding the arrest of journalists Miguel Mora and Lucía Pineda in December 2018. In both cases, the opinions conclude that the arrests were arbitrary and consider that the proper remedy from the Government would include ensuring them “full freedom and granting them the effective right to obtain compensation and other types of reparation.”

Case of 16 activists

The opinion on the case of the 16 activists, approved on May 1, 2020, was requested by the Nicaraguan Center for Human Rights (CENIDH), the Legal Defense Unit (UDJ) and the International Institute on Race, Equality and Human Rights (Race and Equality) in December 2019. Although the Working Group requested the Government of Nicaragua to respond to the complaint by providing information on the matter, it did not respond to the communication.

Arbitrary detention

According to the Working Group, the deprivation of liberty of Amaya Coppens, Atahualpa Quintero, Derlis Hernández, Hansel Quintero, Ivannia Álvarez, Jesús Tefel, Jordán Lanzas, José Medina, María Hurtado, Marvin López, Melvin Peralta, Neyma Hernández, Olga Valle, Roberto Buchting, Wendy Juárez and Wilfredo Brenes was arbitrary according to categories I, II and III of the Group’s working methods.

Firstly, there was no legal basis to justify the detention: at the time of the arrest, the police did not report the reasons for detention or show a court order, nor were the detainees caught in flagrante delicto. The State also breached its obligations by automatically imposing preventive detention for all 16 detainees, without examining its necessity on a case-by-case basis. Secondly, the Working Group ruled that the arrests were a consequence of the activists’ exercising their freedom of opinion and expression, as well as expressing their critical position towards the government. Finally, the guarantees of a fair trial were violated in the activists’ case.

Although the activists were removed from prison and placed under house arrest in December 2019, the Working Group considered it important to rule on their case because the release “was unilaterally given by decision of the Executive Power, before there was a sentence and without the court’s endorsement of the case, with a judicial process that is still ongoing which could lead to a subsequent imprisonment.”

Furthermore, the Group referred the case to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, to the Special Rapporteur on the right to the enjoyment of the highest standard of physical and mental health, to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and to the Special Rapporteur on the situation of human rights defenders so that they may take appropriate measures.

100% Noticias Case

The opinion on the case of journalists and managers of 100% Noticias, also approved on May 1, 2020, was requested by the International Institute on Race, Equality and Human Rights (Race and Equality) in November 2019. The Working Group requested information from the Government of Nicaragua in response to the complaint, but no response was obtained.

Arbitrary detention

According to this opinion, the arrests of Miguel Mora and Lucía Pineda “illustrate a pattern of arrests in Nicaragua” and were arbitrary according to categories I, II and III of the working methods.

Firstly, the two were not informed of the reasons for their arrest, nor were any charges brought against them. Again, preventive detention was automatically imposed. Secondly, the arrest was made in violation of their right to freedom of opinion, expression and information, as well as their right to participate in public affairs. Finally, international standards regarding the right to a fair trial were not applied.

The Working Group issued this opinion even though the journalists were released in June 2019 under Nicaragua’s controversial Amnesty Law, as their legal situation is uncertain. “The criminal proceedings were not definitively dismissed and at the same time it [the Amnesty Law] contains a provision that threatens the loss of the benefits of the Law for those who commit repetitive conduct that constitutes crimes, which generates legal uncertainty,” states the opinion.

Additionally, based on the information received regarding the disappearance of Lucía Pineda, the two journalists’ prison conditions, the lack of medical care, and the allegations of torture and other cruel, inhuman and degrading treatment, the Working Group referred the case to the UN Working Group on Enforced Disappearances, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on the right to the enjoyment of the highest level of physical and mental health.

Requests

In both cases, the Working Group considered that the appropriate remedy from the Government of Nicaragua would be to release the 16 activists and 2 journalists in full freedom and grant them the right to reparation measures. The Working Group further urged the Government to carry out a thorough and independent investigation into the circumstances surrounding these detentions and to take appropriate measures against those responsible for the violation of their rights.

Finally, the Working Group suggested that the Government consider allowing the Group to carry out an official visit to the country and requested that follow-up information on the cases be provided within a period of 6 months.

UN Independent Expert on SOGI calls for global ban on “Conversion Therapy”

Washington D.C. July 17, 2020. – On July 14, the Independent Expert on protection against violence and discrimination based on Sexual Orientation and Gender Identity (IE SOGI), Victor Madrigal-Borloz, launched his report on practices of so-called “conversion therapy” in an interactive online event in Spanish and Portuguese, following his presentation to the Human Rights Council on July 7-9, where he explained the severity of these practices, and the need for a global ban to protect LGBTI people.

The event included the participation of the UN Resident Coordinator in Honduras, Alice Shackelford, and Andrés Sánchez Thorin, Deputy Representative and Officer-in-Charge of the Regional Office for Central America, Panama, and the Dominican Republic of the Office of the United Nations High Commissioner for Human Rights.

According to the report, “conversion therapy” is used as an umbrella term to describe interventions of a wide-ranging nature, all of which have in common the belief that a person’s sexual orientation or gender identity can and should be changed. Such practices aim (or claim to aim) at changing people from gay, lesbian, or bisexual to heterosexual and from trans or gender diverse to cisgender.

In the report, Madrigal-Borloz provided examples of interventions applied to attempt conversion which include acts of physical, psychological, and sexual abuse; electrocution and forced medication; and isolation and confinement, as well as verbal abuse and humiliation. It also shows that conversion therapy puts LGBTI people through many forms of physical and mental abuse, which constitutes inhumane, cruel, and degrading treatment and can amount to torture depending on the severity of pain and suffering inflicted.  “All practices which attempt forms of conversion are inherently humiliating, degrading, and discriminatory,” he explains.

The report also examines the perpetrators, promoters, and economics surrounding these practices, showing that they are oftentimes a lucrative business for different providers worldwide.  It notes that in some places, such as Ecuador, the average monthly cost for internment in these centers can be estimated to be around $500 per month.

Leading up to this event, Madrigal-Borloz carried out a series of consultations and received inputs from different regions around the world on these practices. This included an expert meeting held at Harvard University, where over 30 experts and activists from various countries came together to discuss this important topic. The meeting, supported by the International Institute on Race, Equality and Human Rights (Race and Equality) and the Human Rights Program at Harvard Law School, opened dialogue on the subject which was vital for the elaboration of the report.

During the event, the IE SOGI highlighted that “there have been norms on what is considered sexual orientation and gender identity, and those who fall outside of those norms, such as LGBTI people, suffer stigma and discrimination.”

UN Deputy Representative Andrés Sánchez confirmed that, “The report reveals that these conversion therapies are carried out in all regions of the world and by a wide range of actors and include the active participation of family members and community members. It also highlights how children are vulnerable to these practices that cause serious and irreversible damage to their well-being.”

He continued by explaining that “the description of the pain and suffering of people who have undergone these so-called conversion therapies should deeply concern the entire population and the States to ensure that there is respect and guarantees of their human rights.”

The event was livestreamed through Facebook and attendees from various countries in Latin America joined. Attendees expressed their questions, concerns, and gratitude, and acknowledged the importance of these findings for their communities and how they are the first steps towards change.

Based on the findings in his report, the Independent Expert calls for a global ban on such practices and issues the following recommendations to States:

  1. Take urgent measures to protect children and young people from practices of “conversion therapy.”
  2. Carry out campaigns to raise awareness among parents, families and communities about the invalidity and ineffectiveness of and the damage caused by practices of “conversion therapy.”
  3. Adopt and facilitate healthcare and other services related to the exploration, free development, and/or affirmation of sexual orientation and/or gender identity.
  4. Foster dialogue with key stakeholders, including medical and health professional organizations, faith-based organizations, educational institutions, and community-based organizations to raise awareness about the human rights violations connected to practices of “conversion therapy.”

Race and Equality continues to support the work of the Mandate of the Independent Expert on SOGI and joins the call for a global ban on practices of “conversion therapy.”

To learn more about the report and watch this presentation, please follow the links below:

Summary: https://www.ohchr.org/Documents/Issues/SexualOrientation/ConversionTherapyReport.pdf

Full Report: https://undocs.org/A/HRC/44/53

On July 10, there was another launch event in English. Watch the English presentation here:

https://www.facebook.com/IESOGI/videos/278885676780658/?v=278885676780658

#EndConversionTherapy

Race and Equality hosts discussion on the fight against systemic racism in the Americas

Washington D.C., July 9, 2020.– The International Institute on Race, Equality and Human Rights (Race and Equality) held the webinar “International Response to Racial Injustice and Police Brutality in the Americas” on July 7th. The webinar highlighted the need to use a comprehensive, multi-disciplinary approach to combat racism and racial discrimination against Afro-descendants across the region.

Costa Rican Vice President Epsy Campbell Barr; Margarette May Macauley, Rapporteur on the Rights of Afro-descendants and on the Rights of Women at the Inter-American Commission on Human Rights (IACHR); and Tendayi Achiume, United Nations Special Rapporteur on Contemporary Forms of Racism, Racial Discrimination, Xenofobia and Related Forms of Intolerance, all offered reflections during the webinar, with Race and Equality’s Executive Director Carlos Quesada serving as moderator.

After several African Americans in the U.S. were killed by police officers and white civilians during April and May, and particularly after the killing of George Floyd on May 25th in Minneapolis, protests against racism and discrimination have emerged across the Americas and the world. The panelists agreed that governments, civil society organizations and multilateral organizations must take advantage of the moment to make real change by ensuring societal buy-in and implementing tangible reforms.

Ms. Achiume applauded the United Nations Human Rights Council’s rapid adoption of a resolution that energetically condemned racist and violent practices by police and security forces against Afro-descendants. “This time, there was a different way of thinking about the nature of the problem,” she said, “it wasn’t just because of a few bad apples, but this time there was recognition that we have a systemic problem and that racism is endemic.”

Vice President Campbell, who began her intervention by declaring her solidarity with George Floyd’s family and friends, pointed out that silence and complicity have allowed too many human lives to be lost for no reason other than the color of people’s skin. She applauded the Black Lives Matter movement and celebrated the fact that its message is being heard and carried worldwide, predominantly by young people who are no longer willing to tolerate injustice.

Commissioner Macaulay reminded the audience that one of the key objectives of the IACHR has been to shine a light on the reality of discrimination, speaking forcefully of a “genocide” against Afro-descendants. “I have asked a lot of people in the region about the situation of Afro-descendants in their countries, and a lot of them tell me, ‘we don’t have Afro-descendants’ when they certainly do – they don’t even know that they are there,” she said. For Commissioner Macaulay, the unforgettable image of a police officer with his knee on George Floyd’s neck and his hands casually in his pockets was a “wake-up call” for the international community.

Proposals for change

The three panelists made several proposals for combatting racism and discrimination. Ms. Achiume pointed out that the Human Rights Council resolution calls for the High Commissioner for Human Rights to investigate systemic racism and report on her findings, proposing that this mandate represents an opportunity for civil society to feed into high-level processes and keep the discussion alive.

Meanwhile, Vice President Campbell called for five concrete steps: a global campaign against racism coordinated among the major multilateral organizations; training and education programs for media, taking advantage of its power to educate the public; the creation of a private-sector network to share best practices for diversity and inclusion; a special session of the Organization of American States’ Permanent Council to discuss racism and racial discrimination in the region; and the formation of a permanent organization to monitor racism and discrimination.

Commissioner Macaulay called for civil society organizations in the Americas to continue pressuring the IACHR for more proactive and creative actions to defend Afro-descendants’ rights. She agreed with Vice President Campbell’s suggestion for more efforts to educate the media sector, saying, “the media publicizes the arrests of African Americans – how many arrests of white people do we see? Very few, which puts into society’s minds that it is Black people who are the problem.” She also called for more training and reform within police forces and national justice systems, highlighting that far more African Americans than white Americans are imprisoned in the U.S. She put special emphasis on the role of lawyers in the justice system, expressing concern at the frequency with which prosecutors and defense attorneys negotiate guilty pleas even when clients profess their innocence.

Commissioner Macaulay also lamented the “shameful” fact that only five countries (Antigua & Barbuda, Costa Rica, Ecuador, Mexico and Uruguay) have ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

During the event’s question-and-answer period, audience members wondered how to keep discussions of racial discrimination in the spotlight. Others asked how the UN and Inter-American systems can support activists who are denouncing rights violations and working for change.

To close the event, Carlos Quesada reiterated Race and Equality’s commitment to continue working alongside grassroots activists to win more ratifications of the Convention against Racism.

Re-live the discussion through our Facebook page, or below:

High Commissioner Michelle Bachelet: “the health crisis caused by COVID-19 has led to greater restrictions on civic and democratic space” in Nicaragua

Geneva, July 2nd, 2020. The health crisis caused by COVID-19 has led to greater restrictions on civic and democratic space in Nicaragua, according to an oral update given by United Nations High Commissioner for Human Rights Michelle Bachelet during the 44th period of sessions of the Human Rights Council.

“The official discourse stigmatizes people who criticize the State response or disseminate information contradicting official sources (…) There is also little transparency and lack of clarity in public information on cases. Although the Government has indicated that it has been working to strengthen public health and community health, visiting house to house to detect cases, some government measures do not comply with the recommendations of the WHO, PAHO and the Nicaraguan medical community, especially regarding physical distancing”, said the High Commissioner.

The Office of the High Commissioner has also received complaints from at least 16 doctors who have been dismissed, “without respect for legal procedures, for criticizing the State response to the pandemic.”

In addition, Bachelet highlighted the increase in violence against women that has resulted from the pandemic. In particular, 32 femicides were registered between January and May of this year, 5 more than the same period last year.

This update was given in fulfillment of the High Commissioner’s mandate under the recently approved resolution “Promotion and protection of human rights in Nicaragua” (A/HRC/43/L.35), which also calls for an oral update during the 45th period of sessions in September 2020 and a written report at the 46th period in March 2021.

As a reaction to the update, Nicaraguan Attorney General Wendy Carolina Morales referred to reports on the inadequate government response to the pandemic as “disinformation and hate campaigns,” insisting that a series of preventive measures were adopted to prepare the public health system for the arrival of the novel coronavirus. Morales also rejected the report of the High Commissioner and denounced resolution L.35 as “interventionist.”

Human rights violations

The High Commissioner also reported that since her last report to the Council on the situation in Nicaragua in February, “persistent human rights violations continue to be registered against those whom the Government perceives as opponents,” including human rights defenders, journalists, social leaders, and former political detainees.

According to the OHCHR, the right to peaceful assembly in Nicaragua continues to be systematically curtailed: between March and June this year, 43 complaints were reported regarding alleged human rights violations, house searches without a warrant, arbitrary arrests and detentions, threats, harassment, and intimidation by police or pro-government elements against people perceived as opponents.

Meanwhile, Bachelet warned that there are still no investigations or criminal proceedings to identify, prosecute, and punish those responsible for serious human rights violations over the past two years, a situation exacerbated by the Amnesty Law.

Attacks in rural areas

Another issue of concern to the OHCHR is deadly violence in Nicaragua’s rural areas. Bachelet mentioned the shootings that left four indigenous people dead and two wounded in the Tuahka territory, North Caribbean Coast Autonomous Region, on March 26 and 27; the violent incidents of April 19 and 20 on Ometepe Island, which left at least two residents and three policemen injured; and the killing of an opposition figure in Jinotega in March.

“This persistent impunity erodes confidence in the authorities, and together with the lack of legal and institutional reforms, increases the risk of new human rights violations,” said Bachelet.

She also noted that since 2018, the Government has canceled the legal personality of 10 civil society organizations without due process, affecting the right to freedom of association in the country. The most recent cancellation took place on June 25 against the Asociación de Hermanamiento Municipal (ASODHERMU), which performed social work in the city of Camoapa.

The High Commissioner also recommended the release of all those detained in the context of the protests for the past two years.

She also called on the Government to be more open to dialogue with civil society, as well as to cooperate with the United Nations and the Inter-American system. “This is essential to strengthen the response to the pandemic, implement consensual measures that contribute to overcoming the socio-political and human rights crisis, and prepare a fair and transparent electoral process.”

She concluded by urging the Human Rights Council to continue monitoring the situation.

Civil society

The International Federation for Human Rights (FIDH) and the Nicaraguan Center for Human Rights (CENIDH) participated in the Council’s debate after the oral update by the High Commissioner. “The secrecy which increases risk and uncertainty continues due to the great difference in the official figures. which indicate 83 [COVID-19] deaths, and those of the Citizen Observatory, which indicate 1,878 suspicious deaths, along with the threats and massive firings against medical personnel and lack of health protection in their work, due to which more than 40 have died,” indicated Sonia Tancic in representation of both organizations.

The International Institute on Race, Equality and Human Rights celebrates that the Cuban activist Ariel Ruiz Urquiola will be able to address the plenary of the United Nations Human Rights Council and clarifies assistance offered in Geneva

Washington D.C., June 26, 2020 – The International Institute on Race, Equality and Human Rights (Race and Equality) is happy to hear that today, June 26, the Cuban scientist and activist Ariel Ruiz Urquiola has ended his hunger and thirst strike after reaching an agreement that allows him to speak against the Cuban government during the plenary session of the Human Rights Council of the United Nations. However, with respect to the article published by Cubanet on June 26, we would like to reaffirm and clarify the following points:

  • Race and Equality is firmly committed to the defense and protection of the human rights of Cubans.
  • We applaud that Ruiz Urquiola will be able to present his information to the plenary of the Human Rights Council of the United Nations, alleging that the Cuban Government infected him with the Human Immunodeficiency Virus (HIV).
  • Our legal advisor in Geneva, Tania Agosti, approached Ruiz Urquiola and his supporters with the sole purpose of concern for his state of health due to the hunger and thirst strike he had maintained since Monday, June 22 outside of the Office of the High Commissioner of Human Rights of the United Nations. Agosti did so with the full institutional backing of Race and Equality.
  • At no time did Agosti pressure Ruiz Urquiola to convince him to end his hunger and thirst strike.
  • Geneva social services was the entity that came to examine Ruiz Urquiola’s state of health, after Swiss authorities informed him they have an obligation to attend to and report on his mental and physical health.
  • We regret the article published by Cubanet on its website and social media that accused our colleague of pressuring Ruiz Urquiola to end his hunger and thirst strike. Similar information was also published on the website and Facebook page of Cubanos por el Mundo. The articles were published before seeking our comment on the matter.
  • We note that Race and Equality’s team is always available to provide statements to the media to express our position regarding human rights violations and to clarify our position as necessary.

Race and Equality enthusiastically supports Tania Agosti’s work towards the protection and defense of human rights. She is a dedicated and committed professional and we are fortunate to have her on our team. Agosti and Race and Equality’s staff approached Ruiz Urquiola with the genuine interest of providing him with support.

As an organization, we reiterate our commitment to the defense and promotion of the rights of Cuban civil society activists and organizations. We will continue to provide support and technical assistance to denounce human rights violations and demand justice before organizations such as the United Nations and the Inter-American System of Human Rights.

Human Rights Council will strengthen its monitoring of the situation in Nicaragua

Geneva, June 19th, 2020. The UN Human Rights Council approved today a new resolution on Nicaragua that renews its mandate until March 2021 and strengthens the Office of the High Commissioner for Human Rights’s mandate to monitor the situation of serious human rights violations and to report on its findings at the 44th, 45th and 46th period of sessions of the Council.

The resolution “Promotion and protection of human rights in Nicaragua (A/HRC/43/L.35)”, which renews the resolution approved in March 2019 (A/HRC/40/L.8), allows the OHCHR to report on the situation in Nicaragua so that the member states of the Council can discuss new alternatives for solving the crisis and push for compliance with the recommendations given to the Nicaraguan State. Passage of the resolution was led by Canada, Costa Rica, Colombia, Paraguay, Brazil, Chile and Peru, with co-sponsorship from more than 40 countries and lobbying efforts by various civil society organizations.

Although the vote on the resolution was originally scheduled for March of this year, it was delayed until this month due to the COVID-19 pandemic. 24 countries voted in favor (Afghanistan, Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile, the Czech Republic, Denmark, Fiji, Germany, Italy, Japan, the Marshall Islands, Mexico, the Netherlands, Peru, Poland , Republic of Korea, Slovakia, Spain, Ukraine and Uruguay), with 19 abstentions and only 4 votes against (Eritrea, Philippines, Somalia and Venezuela).

Content of the resolution

The resolution expresses grave concern “at the continuing reports of serious human rights violations and abuses since April 2018, and the persisting disproportionate use of force by the police to repress social protests,” as well as the reports of constant arrests, harassment and torture by the authorities.

It also urges the Government of Nicaragua to respect the rights to freedom of peaceful assembly, association and expression; respect the independence of the media and the judiciary; cease arbitrary arrests and detentions; release all individuals illegally detained unconditionally; ensure a safe and supportive environment for human rights defenders and to adopt a comprehensive, accountability-focused action plan that is inclusive of victims and survivors of the deadly violence of 2018.

Furthermore, it calls on the Government to resume its cooperation with the Office of the High Commissioner, the Human Rights Council and its mechanisms, the Organization of American States (OAS) and the Inter-American Commission on Human Rights (IACHR) “by granting unfettered access throughout the country and facilitating visits.”

With regards to elections, the resolution urges the Government and the relevant institutions to “undertake and implement legal and institutional reforms to ensure free, fair, transparent and credible elections, in accordance with international standards, that include the presence of independent national and international electoral observers.”

Other issues of concern in Nicaragua, such as the situation of indigenous and Afro-descendant communities in the Caribbean Coast region, displaced persons who do not have guarantees to return to the country and access to economic, social and cultural rights, were not considered in this resolution.

Voting

In the plenary session of the Council, several countries openly endorsed the resolution, among them Costa Rica, the Czech Republic representing the European Union, Peru, Australia, the Netherlands, Germany and Uruguay, whose representatives urged the Government of Nicaragua to adopt the recommendations previously provided by different human rights organizations, release political prisoners, implement electoral reforms, combat gender-based violence and protect indigenous peoples.

The representative of Costa Rica also called attention to the Nicaraguan authorities’ handling of the new coronavirus pandemic: “The Government of Nicaragua has failed to implement and promote real and effective measures to counter COVID-19 among its population. On the contrary, the irresponsibility shown by her government has exacerbated the extreme and negative human rights situation, particularly for those arbitrarily detained.”

The Venezuelan mission expressed in a video its refusal to approve the resolution because it considered it interventionist, while the Nicaraguan representative reserved the right to speak.

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