Urgent Debate on the “current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest”
Urgent Debate on the “current racially inspired human rights violations, systemic racism, police brutality and the violence against peaceful protest”
June 17, 2020
43rd Human Rights Council Session
Statement by the International Lesbian and Gay Association
Madam President,
Black Lives Matter.
This statement is submitted by ILGA-World together with the International Institute for Race, Equality and Human Rights (Race and Equality). It draws the attention to the situation of racial injustice and police brutality that affects people of African descent including those persons within these communities with diverse sexual orientations, gender identities and expressions and sex characteristics (SOGIESC) worldwide.
The murder of George Floyd[1] has sparked an outcry that has highlighted the structural and systemic racism that permeates the United States and has reverberated and been taken up by other communities around the world. The militarized-like response to these protests has curtailed the right to freedom of assembly and expression while repeated incidents of police brutality have continued to be denounced and reported.
Around the world, during this International Decade for the People of African Descent, afro descendant LGBTI people are killed[2] and their deaths are ignored because they are People of African Descent and have diverse SOGIESC. State actors such as the police are among the perpetrators of violence and murder of these people These actors fail in their duty to protect human rights. And in cases in which state actors are not among the perpetrators of such violence, such crimes are often not properly investigated, persecuted and punished. This leads to impunity of the perpetrators.
International human rights law must be the framework that guides States in response to acts such as these. States should look at how the administration of justice is applied and how people of African descent, including LGBTI people are disproportionally impacted by an unfair judicial system which is a direct legacy of centuries of colonialism and slavery. We welcome the letter of the UNSR on Racism and we call upon States and stakeholders alike to address the root causes of racial violence, discrimination and stigma and its intersections with SOGIESC.
Thus, we urge States to support the creation of two independent international mechanisms of inquiry on Systemic Racism and Law Enforcement in the United States of America and on the Systemic Racism in Law Enforcement, Related to Legacies of Slavery and Colonialism and we urge these mechanisms to assess how these issues intersects and are amplified due to other grounds, such as SOGIESC and gender.
Statement on the Occasion of the Resolution to be Voted on by the UN Human Rights Council: “Promoting and Protecting Human Rights in Nicaragua”
June 12, 2020 – We, the undersigned civil society organizations, wish to express our alarm to the UN Human Rights Council regarding the continuing repression in Nicaragua, rapid deterioration of the situation due to the spread of COVID-19, absence of a response from the State, and reluctance of the State to respond to the calls made by the High Commissioner for Human Rights, Michelle Bachelet, in compliance with the Resolution “Promoting and Protecting Human Rights in Nicaragua” (A/HRC/40/L.8).
In light of the foregoing, a new Resolution (A/HRC/43/L.35) was proposed during the 43rd Session of the Human Rights Council, a session that was suspended due to the situation posed by COVID-19 and is set to resume on June 14 with a vote on said proposal scheduled as one of the points on the agenda. Within this context, we, the undersigned organizations, call on the Member States of the Human Rights Council, and in particular the Latin American and Caribbean States, to adopt a principled stance and actively support the adoption of said Resolution, taking the following into consideration:
Continuing denunciations of grave human rights violations since April 2018
Even during the COVID-19 health emergency, repressive methods continue to be systematically employed in Nicaragua – such as harassment, arbitrary detention, and disproportionate use of force – especially against released political prisoners, human rights defenders, indigenous people, Afro-descendants, women, relatives of victims of repression, and citizens exercising their right to dissent.
Restrictions to the civic space and repression of dissent in Nicaragua
Within the context of the pandemic, the highest levels of government have not responded to the proposals put forward by civil society, human rights defenders, community leaders, and religious regarding the implementation of social distancing and isolation to prevent the spread of the novel coronavirus. On the contrary, there have been reports of reprisals, threats, and layoffs of physicians who have demanded that the government implement measures for confronting COVID-19 and publicly described the situation being experienced by public hospitals.
Lack of respect of the rights to freedom of peaceful assembly, association, and expression
Within the context of the second anniversary of the April 2018 protests, several citizens were strongly subdued by the police, especially on Ometepe Island and in the city of Masaya. At least 11 people were arrested and sent to trial under accusations of drug trafficking, illegal possession of firearms, frustrated homicide, and damages. In addition, while the Executive Branch encourages participation in massive events in public spaces in the middle of a health crisis, the police restriction against exercising the right to protest continues in force.
Arbitrary detention and imprisonment used to repress dissent
Nor has the government responded to the call issued by the international community to release arbitrarily detained persons. There were 86 political prisoners through the month of May, according to the Civic Alliance for Justice and Democracy. These people are criminalized for their opposition to the government and their work denouncing and protecting human rights. On May 13, though the government released 2,815 common criminals who had been under house arrest, none were political prisoners. The relatives of
jailed opponents fear that an outbreak of COVID-19 would be deadly within the National Penitentiary System, where, according to relatives of political prisoners, there are more than 30 prisoners presenting COVID-19 symptoms.
Lack of guarantees for a safe and favorable environment for human rights defenders and journalists
Despite the communications sent by various Special Procedures mandates, to date the legal status of nine non-governmental organizations that were closed arbitrarily in December 2018 has not been reinstated, and their assets continue being occupied by the police. Human rights defenders continue working despite reprisals, under prohibitions and accusations of being terrorists. The media outlets Confidencial and 100% Noticias continue unable to broadcast on open television, with their offices and work equipment being illegally occupied for nearly a year. The authorities continue to employ stigmatizing discourse against journalists and opponents, such as the newly published “Libro blanco”[Nicaragua White Book against the COVID-19 Pandemic: A Singular Strategy].
Lack of guarantees of independence and impartiality in the justice system
With the latest arbitrary detentions and start of new irregular trials of citizens in the opposition, it is clear that the judicial system continues to be coopted by the governing political party and remains an essential element of impunity in human rights violations. Recently, one of the judges who prosecuted tens of protesters in trials lacking in guarantees and due process, Edgar Altamirano, was promoted by the Supreme Court of Justice to serve as a judge on the Court of Appeals of Granada.
Need to adopt a comprehensive plan of action for inclusive victim-centered accountability
To date, the initiatives undertaken last year by the Nicaraguan government aimed at accountability have not been implemented in an inclusive manner that is focused on the victims and survivors of the deadly violence that has transpired since April 2018. The Amnesty Law was unilaterally adopted by the authorities and perpetuates impunity, while the Law on Comprehensive Attention for Victims does not include the right of the victims to file appeals before judicial authorities and designates persons opposing the government as being the authors of a failed coup d’état rather than the victims of repression.
It has not provided an explanation for more than 300 assassinations that occurred in 2018 or prosecuted the material and intellectual authors of those crimes, as stated in the OHCHR’s report “Human Rights Violations and Abuses Within the Context of the Protests in Nicaragua.” This has prevented access to truth, justice, and reparations from being guaranteed.
Lack of cooperation with the Office of the High Commissioner, mechanisms of the Human Rights Council and bodies created by virtue of competent treaties, as well as the Organization of American States and IACHR
The government has not restarted its cooperation with international human rights bodies and their mechanisms, nor has it responded to communications from the Special Procedures since November 2018. It has even refused to report on the situation of the pandemic through international health regulations and presented statistical information irregularly. This has prevented the representatives of the Pan-American Health Organization (PAHO) from being able to access hospitals and detailed information regarding persons who are infected, being monitored, or dead.
Continuing acts of intimidation or reprisal against those who cooperate or attempt to cooperate with international and regional bodies
The last report on reprisals produced by the OHCHR documented at least 23 cases of harassment and persecution of persons who normally share information on human rights violations in Nicaragua. One of the most emblematic cases was that of Amaya Coppens, who was arrested in December 2019 together with a group of 15 people who were bringing water to mothers of political prisoners on a hunger strike. Three months prior, Coppens had gone before the Human Rights Council to denounce human rights violations in her country.
Reluctance to restart the National Dialogue
The government has ruled out participating in a Dialogue Roundtable in the future and additionally has shown no willingness to comply with the roadmap that had been approved in the previous Dialogue initiated in February 2019. While the Nicaraguan Assembly approved Law 985 in January of this year – whose objective is to “establish the general legal framework for guaranteeing a culture of dialogue” – this law does not address the multiple human rights violations that have occurred since April 2018, nor does it view members of the opposition or human rights defenders as being subjects of dialogue.
Lack of implementation of legal and institutional reforms that guarantee free, fair, transparent, and trustworthy elections
During this pre-election year, there has been no implementation, discussion, or initiation of negotiations regarding electoral reforms, even though in early 2020 the National Assembly placed this matter on its agenda. Despite the fact that tens of social organizations joined forces to develop a proposal for electoral reform in December 2019, the authorities provided no response to it. In light of the fact that elections are set to take place in 2021, it is essential that said reforms be taken up anew and that many political and social sectors reach consensus on them with support from the Organization of American States.
Other concerning matters
The situation on the Caribbean side of Nicaragua is concerning, given that Afro and indigenous communities have historically experienced discrimination, been the victims of acts of violence, and had their territories invaded with the acquiescence and/or cooperation of State authorities. Within the context of COVID-19, access to health services is limited, there is a shortage of medicine, and a lack of healthcare personnel with the necessary training for confronting COVID-19.
In addition, since 2018 100,000 people have been forced to leave Nicaragua, primarily going to Costa Rica, without to date the existence of guarantees for their quick and safe return. There is a risk that this figure will increase if the situation continues to deteriorate.
We, the signatories of the present statement, ask the Missions comprising the UN Human Rights Council to co-sponsor and approve this new Resolution, bearing in mind that it fulfills the “objective criteria for action by the Council,” those criteria that are considered when deciding if the Council should “engage with a State to prevent, respond to, or address violations and to help reduce the escalation of a concerning situation.” This Resolution will enable the Office of the United Nations High Commissioner for Human Rights, together with the international community, to continue monitoring the grave situation of human rights in Nicaragua, and reinforces their prevention role in the face of the rapid deterioration of the national situation.
Signatories:
International Institute on Race, Equality, and Human Rights (Race and Equality)
International Service for Human Rights (ISHR)
Due Process of Law Foundation (DPLF)
Center for Justice and International Law (CEJIL)
Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
Just Associates (JASS Mesoamerica)
Centro de Asistencia Legal a Pueblos Indígenas (CALPI)
Plataforma Internacional contra la Impunidad
Fondo de Acción Urgente para América Latina y el Caribe
Centro Nicaragüense de Derechos Humanos (CENIDH)
Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua (CEJUDHCAN)
Colectivo de Derechos Humanos Nicaragua Nunca +
Asociación Madres de Abril (AMA)
Mesa Nacional LGBTIQ+ Nicaragua
Movimiento Autónomo de Mujeres (MAM)
Fundación Violeta Barrios de Chamorro
Instituto de Liderazgo de Las Segovias
Iniciativa Nicaragüense de Defensoras de Derechos Humanos (IN-Defensoras)
Fundación Puntos de Encuentro
Grupo Lésbico feminista Artemisa
Colectivo de Mujeres 8 de marzo
Centro de Información y Servicios de Asesoría en Salud (CISAS)
Unidad de Defensa Jurídica (UDJ)
100% Noticias
Radio Darío
Gobierno Comunal Creole de Bluefields
Organización de Mujeres Afrodescendiente de Nicaragua (OMAN)
Unidad de Protección a Defensoras y Defensores de Derechos Humanos de Guatemala
Mujeres en Acción Costa Rica
Concertación Interamericana de Derechos Humanos de las Mujeres
Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres (CLADEM)
CLADEM Bolivia
CLADEM Argentina
Articulação de Mulheres Brasileiras AMB
Mujeres en Acción Costa Rica
Red Juvenil Centroamericana Previos
Asociación Juvenil Decide
Articulación Feminista Marcosur
187 of organisations call on States to protect LGBTI persons’ human rights in the context of COVID-19 outbreak
The pandemic is exposing and deepening existing discrimination, violence and other human rights violations on the basis of SOGIESC, organisations tell the Human Rights Council
Today, Race and Equality joined a coalition of 187 organisations to draw the attention of the UN Human Rights Council to the situation of LGBTI persons and those who defend their rights in the context of the COVID-19 pandemic outbreak.
In line with the call to action signed by 96 human rights experts, organisations working for the protection of the human rights of persons of diverse sexual orientation, gender identity and expression and sex characteristics (SOGIESC) globally have urged States and stakeholders to ensure that this public health emergency will neither exacerbate existing misconceptions, prejudices, inequalities or structural barriers, nor lead to increased violence and discrimination against persons with diverse SOGIESC.
The current public health crisis caused by the spread of COVID-19 is a global emergency with far-reaching social, economic, and ecological implications for us all. At the same time, there is clear and growing evidence that State responses in the delivery of healthcare, the implementation of lockdown measures and policies designed to mitigate economic consequences have disproportionate and discriminatory impacts on marginalised groups, including LGBTI persons. The pandemic is exposing and deepening existing discrimination, violence and other human rights violations on the basis of SOGIESC.
While acknowledging that actions to combat the COVID-19 pandemic are urgent and necessary, States must ensure to comply with international human rights obligations in responses to the outbreak and the vulnerabilities of specific groups – including LGBTI persons – must be taken into account. To achieve this, the design, implementation and evaluation of State responses to this emergency must be done in consultation with civil society and defenders working for the protection of the rights of LGBTI persons.
High Commissioner Michelle Bachelet updates the Human Rights Council on the situation in Nicaragua
Geneva, February 27th, 2020. During the 43rd period of sessions of the United Nations Human Rights Council, High Commissioner for Human Rights Michelle Bachelet updated the Member States on the situation in Nicaragua, which has suffered a human rights crisis since April 2018, assuring them that repression continues from various fronts.
“Since the presentation of my last report in September 2019, human rights violations have not ceased, within the framework of an extremely complex political and social context,” the High Commissioner stated.
The High Commissioner highlighted the lack of guarantees for the safe return of more than 98,000 Nicaraguans who have left the country; the persistence of threats and intimidation against victims’ organizations and their lawyers; violations of the right to peaceful protest and the rights to freedom of opinion and expression; threats and physical attacks against journalists; arbitrary detentions and the situation of 61 political prisoners; and the recent homicides in rural communities in northern Nicaragua and in indigenous communities in the Caribbean region.
The High Commissioner also noted with regret that nine civil society organizations remain without legal status, the government having cancelled their registrations in December 2018.
In her oral report, the High Commissioner urged the Government of Nicaragua to release those who remain deprived of liberty for reasons related to protests, to guarantee safe conditions for human rights defenders to carry out their work freely and to take all the necessary measures to guarantee the free exercise of journalism.
Finally, the High Commissioner encouraged the Government to implement the recommendations made by her Office and other international and regional mechanisms with urgency. In particular, she reiterated the recommendation to allow the OHCHR to revive its country mission in Nicaragua.
This update concludes the High Commissioner’s mandate for Nicaragua, which had been granted for only one year on March 21st, 2019 by the Human Rights Council under resolution (A / HRC / 40 / L.8) “Promotion and protection of human rights in Nicaragua.”
The Nicaraguan delegation that traveled to Geneva to participate in the 43rd period of sessions of the UN Human Rights Council has held meetings with several diplomatic missions, urging the adoption of a new resolution on Nicaragua to renew the mandate of the High Commissioner.
This delegation is composed of students, former political prisoners, human rights defenders and members of the Nicaraguan Center for Human Rights (CENIDH), Nicaragua Never Again Collective, Association of Mothers of April (AMA) and the Articulation of Social Movements (AMS).
This morning in Geneva, Nicaraguans Vilma Núñez, Dilon Zeledón Ramos and Lizeth Dávila held a conversation on the human rights situation in Nicaragua with First Vice President of the Inter-American Commission on Human Rights Joel Hernández and United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Clément Voulé,. The event was organized by the Institute on Race, Equality and Human Rights (Race and Equality), the Center for Justice and International Law (CEJIL) and Civicus, and co-sponsored by the International Federation of Human Rights and the Initiative Mesoamerican Defenders (IM-Defensoras).
Rapporteur Clément Voulé said he had “strong reasons to believe that alarming restrictions to the right of peaceful assembly continue through the violent repression of peaceful protest and an array of measures preventing peaceful assemblies from taking place.” He also reiterated to the Nicaraguan state his willingness to visit the country and to “provide technical support for the country to adhere to the rule of law, democracy and the protection of human rights.”
IACHR Vice President Joel Hernández regretted that a vicious circle of human rights violations is intensifying due to the lack of judicial independence. “Measures for reparation, justice and non-repetition must be given immediately to begin to emerge from this crisis, otherwise we will continue immersed in this vicious circle,” he stated.
Participants also called on permanent missions in Geneva and civil society organizations to keep the theme of Nicaragua on the agenda of the Human Rights Council.
#ONUporNicaragua: Race and Equality calls for the renewal of the mandate of High Commissioner Michelle Bachelet for Nicaragua
February 21st, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) recently launched the #ONUporNicaragua campaign to ask the UN Human Rights Council to renew resolution A/HRC/40/L.8, “Promotion and protection of human rights in Nicaragua,” originally adopted on March 21st, 2019 for a one-year period. This resolution expressed concern about the allegations of serious human rights violations committed in Nicaragua since April 2018 and increasing restrictions on civic space and expressions of dissent. The Resolution urged the Nicaraguan government to respect the human rights of its citizens, to return to the National Dialogue with protestors and other elements of civil society, and to resume cooperation with international organizations, including the Office of the High Commissioner for Human Rights (OHCHR), the Inter-American Commission on Human Rights (IACHR), and the Organization of American States (OAS).
The core of the resolution is the mandate given to High Commissioner Michelle Bachelet to prepare periodic reports on the situation in Nicaragua and present them to the Human Rights Council. Thus, in July 2019, Deputy High Commissioner Kate Gilmore presented an oral report, and in September 2019, High Commissioner Bachelet released a detailed written report on the progress of the situation of Nicaragua, including recommendations to the State of Nicaragua. The next oral update will take place on February 27th, during the 43rd session of the Human Rights Council.
Race and Equality considers the renewal of this mandate to be of the utmost importance, as it will allow the human rights violations which continue to occur in Nicaragua to be exposed and discussed at the UN Human Rights Council. As a result, the Council can continue to propose solutions and echo the demands of the Nicaraguan people: truth, justice and reparation for the victims of repression.
These images show the importance of the renewal of the OHCHR mandate in the words of Nicaraguans:
UN Independent Expert visits Brazil on promotional mission co-organized by Race and Equality
Race and Equality co-organized a promotional visit of the UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Victor Madrigal, to Brazil on January 20-25, to speak with leaders, activists, and members of LGBTI civil society groups about his work, better understand their realities, and strengthen means of communication between them and the mandate.
During the visit, the
Independent Expert participated in conversations with around 40 local LGBTI
organizations, including over 100 different activists, between three different
cities, and two public events. The visit took place in the cities of
Brasília, Salvador, and Rio de Janeiro.
Within the meetings with civil society organizations in Brasília, activists expressed their different concerns facing LGBTI populations, in particular, highlighting the difficulties faced due to the invisibilization of LGBTI people under the current government, and the lack of discourse on this topic in federal spaces. Lesbian activists from the groups Coturno de Vênus and the Brazilian Lesbian Association also brought attention to specific issues such as family-organized violence and cases of “forced intercourse” that are commonly practiced throughout Brazil, as well as the increased violence against Afro-Brazilian women.
On January 22, these conversations continued when Madrigal traveled to Salvador de Bahia where he participated in a public event organized by Race and Equality. The event titled “Afro-LGBTI Resistance: Intersectional perspectives for the fight for human rights,” opened a space for different Afro-Brazilian LGBTI activists from Salvador to speak on the realities they face, not only the city, but in the Brazilian state of Bahia due to the intersectionality of race, sexual orientation, and gender identity. It is also important to note that Bahia contains the highest population of self-declared Afro-Brazilians out of any of the Brazilian states.
In this event, he presented the characteristics and scope of his mandate, indicating: “My mandate is designed to work with intersectionality. No person suffers discrimination from a single place as a gay man or woman, there are a number of identities that we gather in our body and there are multiple ways to express them. ” Likewise, he stated that the social structures that give people roles according to their genital configurations deny the individual freedom and identity of a human being.
“The mandate is not
interested in the word gender, we are interested in the recognition that within
societies exist structures that grant roles to people according to genital
settings, and those roles are creating the denial of individual freedom,”
added Victor Madrigal
Likewise, Madrigal also held conversations with activists and members of Afro-LGBTI civil society organizations in Salvador, gaining a deeper understanding of the reality of Afro-LGBTI people in this region. Throughout the country, the Afro-LGBTI population is overrepresented in many statistics on violence, murder, homelessness, and HIV infections. Activist Kukua Dada affirmed this, explaining that a blonde, white trans woman is more “passable” than any black trans woman, thus having a lower probability of suffering from violence.
In Bahia, faith
communities from African religions, which historically have welcomed the LGBTI
community, have also suffered from increased religious intolerance. Meetings were held with religious leaders Washington
Dias of the National Afro-LGBTI Network and Afro-trans activist Thiffany Odara,
who reported difficulties in maintaining their places of religious practice,
called “terreiros,” and pointed out discrimination from public officials who
did not give support to communities led by LGBTI people as they did for other
“terreiros.”
The visit was concluded in Rio de Janeiro, where, in light of Brazil’s Trans Visibility month, more focus was given to the local travesti and trans populations. The events began on the 24th with a meeting at Casa Nem, a safehouse for trans and travesti people, living in the city. The Independent Expert listened to the stories of how various trans men and women arrived at the house and how it has helped them since.
Similarly, in Salvador,
a meeting was held with Casa Aurora, a trans safe house that began its work
within the last year. In both of these spaces, the houses seek to provide
shelter for the homeless trans population, providing different programs such
as: socio-educational activities, psychological and psychiatric services,
community engagement, and much more. Both houses are very actively engaged on
social media and try to bring visibility to the importance of their work as
much as possible.
Indianare Siqueira,
leader of Casa Nem reiterated the importance of specialized shelters for the
LGBTI population, which is subject to more violence and discrimination when
trying to access or live in public shelters.
For this reason, the shelters try to not only provide housing, but also
a space for social interaction, which aims to make residents feel more
accepted, thus helping increase their self-esteem and regain their autonomy.
Panel
participants reported that they found it difficult to access general and
specific public services for transgender people, even when guaranteed by law,
due to the prejudice of the responsible public agents. They also pointed out
that there is bureaucratization and a considerable financial burden for the
legal recognition of gender identity, which makes it difficult for many
individuals to access this right. Additionally, leaders such as Alessandra
Ramos from Instituto Transformar, also drew attention to the contradiction of
their excessive visibility in public spaces, since the majority of the murder
of trans people in the country takes place on the streets, and the way they are
being made invisible by the absence of laws and public policies that address
their demands.
During his speech,
Madrigal mentioned the paradoxes that currently prevail around the world in
relation to the questioning of LGBTI lives. “I am witnessing a paradox in
all parts of the world in which advances in the protection of the rights of
LGBTI people are accompanied by a deluge of positions that question the lives
of LGBTI people,” he comments.
He also referred to the large number of policies that criminalize and make the existence of LGBTI lives in a large number of countries in the world invisible. Madrigal indicated that the conclusions of his work repeatedly reach the same place, and that is that structural processes in society perpetuate the notion that certain genital configurations determine the role that a person has in society, which is why, this principle of primary order has been instrumentalized through a series of mechanisms that the expert described as demonization, criminalization and pathologization or in other words “sin, crime, and disease.”
The following day the
floor was given to civil society groups to express their concerns on an array
of topics surrounding public health, education and labor, racial discrimination
and violence, among others.
The current
government has demoted the STI and HIV prevention department, suspended funds
for HIV prevention campaigns that target the LGBTI population specifically, and
has started a new awareness strategy based on encouraging sexual abstinence.
The government has also stopped collecting disaggregated HIV data for certain
populations, such as lesbian and bisexual women and trans men.
To conclude the public event in Rio, Madrigal left audience members with these important unifying words, “The state must make this recognition and this protection…This mandate that was created in the sense by the work of thousands of grassroots organizations in more than 170 countries … every day many people around the world are killed, beaten, tortured, mistreated, excluded from health, work, housing, for being who they are, and as a result of the people they love or desire. That is the work that we jointly carry out, the work that is also important for me to be able to connect with the international mechanisms that operate at the United Nations level.”
Race and Equality fully supports the work of the current mandate, and is finishing a report on the human rights situation of Afro-LGBTI people in Brazil that will be sent to the mandate in the coming months. We remain committed to working with our Brazilian partners on these issues and helping them bring more visibility, not only to these populations nationally, but internationally as well. A special thanks all of the organizations in Brazil who helped make this visit a success.
For more info about the visit please check out the following links below:
Race and Equality honors the work of the Committee on the Elimination of Racial Discrimination
To commemorate the 100th
session of the Committee on the Elimination of Racial Discrimination, the
International Institute on Race, Equality and Human Rights (Race and Equality) has
launched the #CERD100 campaign to highlight the Committee’s contributions, the
successes it has achieved and the challenges it faces as it confronts growing
levels of racism and discrimination worldwide.
The campaign amplifies
the Committee’s call to civil society organizations to join in the Committee’s
work of denouncing rights violations, defending and promoting human rights and
building a society marked by truth, peace and justice.
The CERD was the first UN human rights treaty body and for its first seven years was the only one in operation. In its first session in 1970, the Committee established working methods and rules of procedure that would serve as a model for the many human rights bodies that came later. Since that first session, the Committee has carried out more than 1,200 reviews of 167 states, compiled tens of thousands of recommendations for states to bring their laws and policies in line with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and drafted over thirty general recommendations. The CERD has proven to be a key ally for defending and promoting the human rights of the most marginalized people, including people of African descent, the Roma people, indigenous peoples, minorities, people discriminated against for reasons of caste, non-citizens, and migrants.
Race and Equality coordinates academic visit of UN Independent Expert on Sexual Orientation and Gender Identity, Victor Madrigal.
The UN Independent Expert on protection against violence and discrimination based on sexual orientation and gender identity, Mr. Victor Madrigal, will make an academic visit to Brazil, which will be coordinated by the International Institute on Race, Equality and Human Rights. (Race and Equality), January 20-25, to disclose the scope of the mandate to LGBTI civil society organizations.
As part of this visit, the Independent Expert will partake in two panel discussions on the problems and difficulties of this population in relation to the international standards of human rights. These two events will include a dialogue between LGBTI leaders and the Independent Expert, who will talk about the working tools and mechanisms available to them, as well as how these tools interact with the exercise and guarantees of the fundamental rights of civil society.
Race and Equality organized these events through collaboration with LGBTI civil society organizations.
January 22, 2020 Dialogue: “Afro-LGBTI Resistance – Intersectional Perspectives for the Human Rights Struggle” Confirm your presence here
January 22, 2020 Dialogue: Visibility in times of hate: Challenges for trans inclusion in the multilateral human rights agenda Confirm your presence here
CERD Committee urges Colombia to compile accurate data statistics on its Afrodescendant population
The UN Committee
for the Elimination of Racial Discrimination (CERD) issued a recommendation to the
Colombian State to adopt an appropriate methodology that ensures “accurate and
trustworthy” data statistics are collected on the Afro-Colombian, Black,
Palenquera & Raizal population, for its next population census.
The
recommendation was presented alongside more than 40 other recommendations
published in a follow-up document to the CERD country review, held on November
27 and 28 in Geneva, during its 100th period of sessions. During the review, the Committee carried out
an extensive review of the level of compliance of commitments carried by the
State since its last review in 2015 that seek the eradication of any form of
racial discrimination and racism in the country.
With respect to
the 2018 Population Census, the Committee expressed concern that the data
published on the Black, Afro-Colombian, Palenquera and Raizal Communities
“doesn’t accurately reflect” the reality – given that the final results present
nearly a 31% decrease in the specified population with respects to the figures
of the 2005 Census. The CERD Committee stressed that the State must “ensure
that the criteria for self-identification be applied and collected
appropriately.”
This issue was
precisely shared to the Commitee by Colombian civil society organizations
during the review in November, calling it a “statistical genocide” against
Afro-descendant populations. Civil society also stressed that the numbers
published in 2018 further deepen the levels of social invisibility for these
communities, and seriously limit the possibility to create public policies that
can transform their condition of structural exclusion.
Reparations
to Victims and the Ethnic Chapter
Another
recommendation from the CERD Committee to the State was to conduct “extensive
and effective investigations to process and sanction those responsible for
violations of human rights committed against members of indigenous and
Afro-descendant communities affected by the armed conflict.
The violence in
Colombia, which continues to persist even after the signing of the Peace
Accords, has created a context of risk for indigenous and Afro-descendant
communities. In particular, the Committee expressed its concern at the increase
in paramilitary intrusion into ethnic communities’ territories, the selective
killings of Afro-descendant and indigenous community leaders, the increase of
internal and mass forced displacement and the lack of protection given to these
communities and the continued recruitment of children by non-state military
actors.
With these
issues in mind, the Committee urged the Colombian State to implement the
“necessary means to ensure an integral reparation to the victims [of the
conflict,] and to guarantee the distribution of necessary resources.”
In addition, the
Committee expressed concern about the lack of implementation of the Ethnic
Chapter of the Peace Accords and recommended that it be implemented by way of
appropriate financing and through the participation of members from indigenous
and Afro-descendant communities, particularly women. The recommendation then
adds that “the processes of leadership selection in indigenous and
Afro-descendant communities be respected.”
In Colombia, the
situation of violence, vulnerability and marginalization continue to affect
ethnic communities directly and disproportionately, as seen by the alarming
levels of social leaders killed, threatened and displaced from their
territories, this according to Colombian human rights defenders.
Other
recommendations
To ensure that all the cases of
racial discrimination, xenophobia, hate speech or violence for racial reasons
be investigated and that those responsible for these violations be trialed and
correspondingly sanctioned.
To categorize as a crime any
diffusion of ideas that promote or justify racial hate and to prohibit
organizations that promote racial discrimination and/or instigate it – as a way
to comply with the previous recommendations of the Committee,
To increase efforts to prevent
and eliminate the forced recruitment of indigenous and Afro-descendant children
and youth by non-state armed actors and to ensure the application of means to
de-mobilize and reintegrate them into society.
To guarantee protection of
indigenous and Afro-descendant people against discrimination from State
entities and government employees, as well as any other person, group or
organization.
To increase efforts to combat
the multiple forms of discrimination to which Afro-descendant and indigenous
women are subject to, in order to ensure that they have adequate and effective
access to justice, work, education and health (including reproductive health,)
regardless of cultural and linguistic differences.
To adopt the necessary measures
to prevent sexual violence against indigenous and Afro-descendant women and to
guarantee victim’s access to adequate assistance and methods of protection that
are both effective and culturally respectful.
Statement of
Declaration
Race and
Equality urges the Colombian State to take note of the recommendations from the
UN Committee on the Elimination of Racial Discrimination, which seek to
guarantee respect for the rights of the Afro-descendant and indigenous
population in Colombia. We also urge the Colombian State to work alongside
Afro-descendant civil society as the only true mechanism that guarantees
participation, inclusion and true dialogue seeking to overcome the barriers of
discrimination, racism and marginalization – structural conditions as a result
of the invisibility of acts of discrimination which are still present in
today’s social fabric.
Likewise, we
call on civil society organizations to follow-up on each of the recommendations
made by CERD, so that their statements can be used as accountability for the
rights of all ethnic groups in Colombia.
Civil society organizations commemorate the 100th session of the CERD
Geneva, December 12, 2019. To commemorate the 100th session of the UN Committee for the Elimination of Racial Discrimination (CERD), The International Institute on Race, Equality and Human Rights (Race and Equality), the International Movement Against all Forms of Discrimination and Racism (IMADR) and The Minority Rights Group International (MRG), organized a reception on December 9 at the Palais Wilson in Geneva, Switzerland to congratulate the Committee for its tireless work towards ending racial discrimination.
Independent Expert CERD, Ms. Gay McDougal
CERD was the first treaty body to be established and the only one in existence for seven years. In its first session in 1970, the Committee had to set precedents, establish working methods and rules of procedure, which served as a blueprint for the work of all future treaty bodies. Since that moment, the Committee has held over 1,200 periodic reviews of 167 States, addressed tens of thousands of recommendations for States parties to bring their legislation, policies and practices in line with the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD), and drafted more than 30 General Recommendations. The Committee has proven therefore, to be a key guardian of the rights of marginalized groups, including people of African descent, Roma, indigenous peoples, minorities, and persons discriminated against on the basis of caste or descent, non-citizens and migrants.
Independent Expert CERD, Ms María Teresa Verdugo
Furthermore, this
moment was also an opportunity to thank the experts who are leaving the
Committee at the end of this session for their great contributions to its work.
Mr Alexei S.Antonomov, Mr. Francisco Jose Cali Tzai, and Ms. Maria Teresa Verdugo,
were recognized for their defense of the most discriminated and marginalized sectors
of our societies. It was also a time to acknowledge Mr. Pastor Murillo’s
leading role in the Afro-descendent Year and Decade. Finally, we wanted to give special
thanks to Ms. Gay McDougall for her commitment and solidarity with Afro-descendant
communities in Latin America. Over her career, she has contributed
significantly to the Colombians’ recognition of the multiple problems Afro-descendant
communities face as the result of the persistence of racial discrimination. Also, we thanked her for
being so outspoken for the rights of Haitians and Dominico-Haitians in the
Dominican Republic throughout her distinguished career.
The experts responded to our gesture of gratitude by highlighting the role of the NGOs in connecting the realities on the ground with the work of the Committee. Ms. McDougall stated that the role of the Committee is nothing without the work of the NGOs and Mr. Cali Tzai noted the availability and openness of the members of the Committee to work with NGOs and find creative solutions in these challenging times. Ms Verdugo remarked on the need to increase the visibility of the CERD as we need to listen to the voices of the victims of racial discrimination.
Independent Expert CERD, Mr. José Francisco Cali Tzai
This 100th
session was a moment to commemorate but also to reflect on the challenges the
CERD must face in future sessions. “We need a stronger Committee to denounce
the rising levels of racism and discrimination in the world today, particularly
in the Americas and Europe,” said Carlos Quesada, Executive Director of Race
and Equality. To do so, we will continue building bridges between the work of
the Committee and our Latin American partners, bringing and supporting
activists to advocate for the rights of marginalized communities before the
CERD.
Join Our Efforts
Help empower individuals and communities to achieve structural changes in Latin America.
