General Recommendation No. 5 of the MESECVI: A New Front in the Fight Against Gender-Based Violence Against Afro-descendent Women in the Americas

General Recommendation No. 5 of the MESECVI: A New Front in the Fight Against Gender-Based Violence Against Afro-descendent Women in the Americas

Washington DC, July 25, 2024.– This International Day of Black Latin American and Caribbean Women, the Institute on Race, Equality and Human Rights (Race and Equality) joins efforts to support the dissemination and promote the implementation of General Recommendation No. 5: Gender-based violence against Afro-descendent women, recognizing that it is a novel and comprehensive framework for action for the protection of Afro-descendent women, adolescents, and girls of the Americas in the face of this scourge.

As an organization that works to promote and defend the human rights of the Afro-descendent population based on ethnic-racial and gender approaches, we welcome the fact that the Inter-American Human Rights System has this general recommendation that provides broad and clear guidance for both States and civil society in the prevention and treatment of gender-based violence against Afro-descendent women.

Background

In the Plan of Action for the Decade for People of African Descent in the Americas 2016-2026, the General Assembly of the Organization of American States (OAS) instructed the Follow-up Mechanism to the Convention of Belém do Pará (MESECVI) to include the Afro-descendent perspective in the agenda for the prevention of violence against women as part of the objective of promoting access to justice for the Afro-descendent population of the hemisphere.

In turn, the MESECVI is an evaluation and monitoring system created to ensure the effective implementation of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, known as the Convention of Belém do Pará, which was adopted in 1994, being one of the most important legal instruments in the fight against gender-based violence in Latin America and the Caribbean.

The MESECVI prepared this general recommendation in strategic alliance with the Network of Afro-Latina, Afro-Caribbean, and Diaspora Women (RMAAD) and the United Nations Population Fund for Latin America and the Caribbean (UNFPA), according to the general coordinator of the RMAAD, Paola Yáñez, who considers this document to be a historic milestone, while also recognizing that its dissemination and implementation at the country level represents a challenging task.

Racism and Intersectionality: Two Key Points

General Recommendation No. 5: Gender-Based Violence against Afro-descendent Women was approved on April 28 and presented on June 12 at the IX Conference of States Parties to the MESECVI, held in Santiago, Chile.

This recommendation stands out because it recognizes racism as a factor that deepens and perpetuates the violence faced by Afro-descendent women, in addition to having an intersectional perspective that makes the problem visible and proposes responses considering the diversity of Afro-descendent women and the different types of violence they suffer.

“This recommendation recognizes that racism is a determinant for women to face violence. Throughout their lives, Afro-descendent women are more exposed than other groups of women to multiple forms of violence, including symbolic violence, derived from negative stereotypes associated with the racialization of their bodies, skin color, hair, sexuality, culture, and religion,” said Paola Yáñez, general coordinator of the Network of Afro-Latina  Afro-Caribbean, and Diaspora Women (RMAAD), during her participation in the Inter-American Forum against Discrimination, held by Race and Equality in the framework of the 54th General Assembly of the OAS.

In the section on intersectionality, the recommendation refers to LBT Afro-descendent women, those who live with some type of disability, migrants or in a situation of human mobility, those deprived of liberty, and those living under armed conflicts.

About the Recommendations

The recommendations set out in the document are mostly addressed to States, as it recognizes that they are responsible for adopting and implementing actions to transform the patriarchal system that legitimizes and tolerates violence against women. Another particularity is that it proposes the implementation of differentiated and specific measures to protect Afro-descendent women, including public policies that respond to their particular needs and that directly confront ethnic-racial stereotypes.

In terms of prevention and care for gender-based violence, the recommendations range from the development of awareness programs with an ethnic-racial and gender approach to recording statistical and administrative data on cases of violence against Afro-descendent women in a disaggregated manner.

The recommendations also reflect the importance of preventing and addressing the problem through the education systems, with measures such as preparing studies on discrimination and the impact of ethnic-racial and gender stereotypes experienced by girls, adolescents, and Afro-descendent women throughout the education system, establishing protocols for the management of cases of gender-based violence against girls and adolescents in educational centers,  the design and implementation of education programs with an ethnic-racial, gender, and human rights approach aimed at management, teaching, and administrative staff of the education system, and the promotion of curricular reforms of educational programs, content, and texts, ensuring the historical recovery and inclusion of the culture and contributions to today’s societies by the Afro-descendent population, especially women.

From Presentation to Dissemination and Implementation

For civil society, General Recommendation No. 5: Gender-based violence against Afro-descendent women represents a new advocacy tool to guarantee the respect and protection of the human rights of Afro-descendant girls, adolescents, and women in the region, which is why we celebrate its approval.

Race and Equality is committed to supporting the dissemination and promotion of the implementation of Recommendation No. 5 of the MESECVI, with a view to contributing to the prevention, attention, and punishment of gender-based violence against Afro-descendent women, adolescents, and girls in the Americas. We call on States to take action with civil society to make each of the measures proposed in this document possible.

Access, download, and share the full document, HERE.

OAS General Assembly: Race and Equality to dialogue with civil society and experts on racial discrimination, gender-based violence and hemispheric security

Washington D.C., June 14, 2024 – Ahead of the 54th session of the General Assembly of the Organization of American States (OAS), the Institute on Race, Equality and Human Rights (Race & Equality) is reaffirming its commitment to the defense of human rights in the region by holding three parallel events. The first event, the Inter-American Forum against Discrimination, which has been part of the institutional calendar since 2005, will bring together leaders from different countries for a dialogue on reparations and the main demands of the Afro-descendant, indigenous and LGBTI+ population. The second event will address the human rights crisis in Nicaragua and international financial support; and the third event, coordinated by the Latin American Human Rights Consortium, will bring together key actors from different countries to discuss human rights as a pillar of hemispheric security in the Americas. 

The OAS General Assembly will be held from June 26 to 28 at Conmebol, located in the city of Asuncion, Paraguay, under the theme “Integration and Security for the Sustainable Development of the Region”. For Raza e Igualdad, the OAS General Assembly is a space for broad dialogue and exchange of best practices of civil society in the region, as well as an opportunity to strengthen its demands by listening to delegations from Member States and its Secretariat. In this way, the parallel events achieve the purpose of effective political advocacy before this international human rights mechanism. 

Inter-American Forum against Discrimination

This year, the Inter-American Forum against Discrimination will be held on Tuesday, June 25, and will consist of four sections with the following themes: “The role of human rights protection systems in the reparation of different groups discriminated against in the region”; “Experiences of reparation in the region and its scope in relation to racialized, mobile or displaced groups, sexual, religious, linguistic, political minorities, among others”; “Reparation in the context of gender”; and, finally, the section “The ethnic population and the 54th Regular Session of the OAS General Assembly”.

The opening panel of the Forum will feature Gloria De Mees, OAS Rapporteur on the Rights of People of African Descent and against Racial Discrimination. In the following panels, leaders from the region will join the debate with information about their contexts and their struggles for reparations, restitution and guarantees of non-repetition. In addition, in the context of gender reparations, several activists will present and discuss the implications of the general recommendation of the Follow-up Mechanism of the Belém do Pará Convention (MESECVI) on Afro-descendant women. 

The annual Forum will also discuss the strengthening of the Afrodescendant Coalition of the Americas and the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI). 

To participate, register here: https://tinyurl.com/2fx7uc29  

***

International financial support to Nicaragua despite democratic and human rights crisis

On Tuesday afternoon, June 25, Raza e Igualdad will bring together experts from the OAS, academia and civil society to discuss the responsibility of International Financial Institutions (IFIs) in relation to crimes against humanity and human rights violations in Nicaragua. It will also analyze the strategic relevance of these institutions in the use of human rights due diligence to address the negative impacts of their development projects. 

In a regime historically marked by systematic human rights violations, the continuity of international financial support brings to light several questions from civil society. From 2018 to the present, the authoritarian regime of Daniel Ortega, Rosario Murillo and their followers have carried out widespread and systematic attacks against the Nicaraguan civilian population in opposition for political reasons. Since 2021, the democratic and human rights crisis has significantly worsened. On February 9, 2023, 222 people were released from prison, then banished to the United States and arbitrarily stripped of their nationality and citizenship rights. Among the most vulnerable groups are human rights defenders, journalists, religious leaders, women, indigenous and Afro-descendant peoples, and LGBTI+ people.

However, the abundant evidence of the democratic and human rights crisis in Nicaragua was not enough for the International Financial Institutions to decide to change their strategy towards the country, strengthen their human rights due diligence, or suspend and/or cancel the implementation of their projects in the country. In February 2024, the World Bank Group, the International Monetary Fund, the Inter-American Development Bank Group and the Central American Bank for Economic Integration supported 97 projects in the execution phase in Nicaragua, with the approval of US$5,082.43 million, according to information available on their websites. Of these, 57 projects were approved for a total of US$2,784.43 million, following the onset of the crisis in 2018.

To participate, register here: https://tinyurl.com/57r4b22m

***

Human Rights as a Pillar of Hemispheric Security in the Americas

The Latin American Human Rights Consortium – formed by Race & Equality, Freedom House and the Pan American Development Foundation (PADF) – will hold the event “Human Rights as a Pillar of Hemispheric Security in the Americas” on Wednesday, June 26. This event aims to highlight human rights violations in Cuba, Nicaragua, El Salvador and Venezuela as a driver of the debate on security in the region. In these countries with insecure and repressive contexts, inequalities are generated in terms of freedom and security with a differential effect on the most vulnerable groups, such as Afro-descendants, women, children, LGBTI+ population and people deprived of liberty for political reasons.

Thus, new concerns and challenges, including the political, social, economic, environmental and human rights situation of OAS Member States, have led this organization to redefine its understanding of hemispheric security. Thus, on October 28, 2003, the States of the Americas promulgated the “Declaration on Security in the Americas”, proposing a new concept of multidimensional security that recognizes that the objective of hemispheric security is the “protection of human beings”.

In its declaration, the OAS considered that “representative democracy is an indispensable condition for the stability, peace and development of the States of the Hemisphere” and that it is “the responsibility of the specialized forums of the OAS, as well as inter-American and international forums, to develop cooperation mechanisms to confront these new threats on the basis of the applicable instruments”. 

In this context, the Special Rapporteur for Freedom of Expression of the IACHR, Pedro Vaca; the Deputy Director of the Program for Latin America and the Caribbean of Freedom House, Alejandra Argueta; the lawyer of the organization Cubalex, Alain Espinoza; the legal professional of the Legal Defense Unit of Nicaragua, Arlette Serrano; the Venezuelan journalist from Voces de la Memoria, Victor Navarro; and the co-founder of the association Tracoda (Transparency, Social Controllership, Open Data) from El Salvador, Luis Villatoro, will discuss strategies to strengthen the security and protection of the population and human rights defenders, among the current challenges faced by authoritarian regimes in the Americas. 

To participate, register here: https://tinyurl.com/537cdu3w  

 

More information about the events 

Inter-American Forum against Discrimination

Date and time: Tuesday, June 25, 9:00 a.m. – 12:30 p.m. (Asunción and Washington D.C.) / 10 a.m. – 1:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Aviadores del Chaco avenue

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/2fx7uc29  

Simultaneous interpretation in Spanish, Portuguese and English.

 

International financial support to Nicaragua despite democratic and human rights crisis

Date and time: Tuesday, June 25th, 5:00 p.m. – 7:30 p.m. (Asuncion and Washington D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Dazzler Hotel, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/57r4b22m  

Simultaneous interpretation in Spanish, Portuguese and English.

 

Human Rights as a Pillar of Hemispheric Security in the Americas

Date and time: Wednesday, June 26th, 5:00 p.m. – 7:30 p.m. (Asunción and Washington, D.C.) / 6 p.m. – 8:30 p.m. (Brasilia time)

Location: Hotel Esplendor, Avenida Aviadores del Chaco

Live broadcast via Zoom and Facebook Live @RaceandEquality

Registration: https://tinyurl.com/537cdu3w 

Simultaneous interpretation in Spanish, Portuguese and English.

8M: Anti-racist force in the struggle for the rights of all women

Washington D.C., 8 March 2024.– Since its beginnings, the movement for the rights of women has been nutured by different perspectives, amplifying it’s vision and mission in different spheres of society. One of these is the anti-racist perspective the, despite encountering a series of obstacles to its full incorporation, it has been the basis for important contributions to the struggle.

This March 8, International Women’s Day, we at the Institute on Race, Equality and Human Rights (Race and Equality) want to highlight the anti-racist perspective, taking into account that sexism and racism are forms of oppression that are intertwined and uniquely affect women of different ethnic and racial backgrounds, and in the case of the Americas, Afro-descendant and indigenous women in particular.

We spoke with women leaders and activists from different parts of Latin America to hear from them about the importance of the anti-racist perspective in the struggle for women’s rights, their contributions to the feminist movement, and the challenges that persist at different levels to fully incorporate this vision into the work of defending and promoting women’s rights.

Racism as a detonator of multiple violence

“The anti-racist perspective in the struggle for women’s rights is necessary if we conceive of racism as a violence that permeates the system, state and social structures, the family, our bodies, and that causes violence to increase; that is, racism recognized as structural violence also replicates and reproduces multiple forms of violence,” reflects Patricia Torres Sandoval, an indigenous P’urhépecha woman and member of the general coordination of the National Coordinating Committee of Indigenous Women (CONAMI) of Mexico.

The anti-racist perspective within feminisms is essential because it understands that the category of women is much broader or more complex than just identifying ourselves as women, it encompasses everything that would be the visibilization of the situation and experiences of Afro-descendant women, indigenous women, trans women, brings the intersectional analysis that is to think of the multiple forms of oppression such as racism, sexism, class, migratory processes, etc.,” said Gilma Vieira da Silva, regional coordinator of the Afro-descendant Youth Network of Latin America and the Caribbean (REDJUAFRO).

Vieira da Silva adds that intersectionality cannot be thought of without an ethnic-racial context, and recalls that the concept was formulated by a woman of African descent: the American lawyer and academic Kimberly Crenshaw, who devoted much of her work to understanding structural gender inequality.

Gender-based violence is not individual

Torres Sandoval points out that indigenous women have contributed to the recognition of collective violence. She explains that the phrase “My body, my territory”-which has been appropriated as a slogan by the feminist movement-emerges from indigenous women as a way of saying that violating their bodies also violates the land and the territory. “As indigenous peoples and women we recognize ourselves as an integral part of the territory and of Mother Earth, contrary to the Western perspective where we are owners of the land,” she says.

For Gahela Cari, a trans indigenous feminist from the National Federation of Peasant, Artisan, Indigenous, Native and Salaried Women of Peru, feminism is essential for processes of change; however, she points out that it is not enough if it is not anti-racist. In her words, anti-racist feminism “takes a stand in the midst of a society with so many inequalities” and shows that, in addition to gender, other systems of oppression make it impossible to live with dignity.

“We have to open processes of listening, dialogue, collective construction. Even when we do not fully understand what the other person brings to the table,” she says about a necessary task in the feminist struggle to work from an anti-racist approach. In this sense, she highlights the importance of closing the way to authoritarian processes in the country, such as what is happening with the current political regime in Peru.

Educating in an anti-racist perspective, a dual task

In this sense, Fernanda Gomes, a social worker and member of Articulação Brasileira de Lésbica (ABL), from Brazil, questions the fact that they must constantly educate about the anti-racist perspective to people and groups that do not have this vision or even exclude it.

“It’s a big challenge because we waste time thinking about public policy, writing a manifesto, to educate these people. We have to constantly be saying ‘oh so-and-so, I’m not your teacher, Google it, ask a white friend of yours.’ The black women’s, lesbian and feminist movement is also an education movement. We’re educating white people all the time and it’s exhausting,” she asserts.

Contributions and challenges

Brisa Bucardo, a journalist from the Miskito people of Nicaragua, highlights the role that women’s movements have played in the context of the country’s Caribbean Coast, as they have not only provided fundamental support to women victims of violence, but have also led citizen complaints and strengthened women’s capacities both individually and collectively. In addition, they have dismantled ingrained concepts of violence historically justified under the label of “culture”.

In terms of contributions to the struggle for women’s rights, Dunia Medina Moreno, a woman of African descent and member of the Women’s Network of Cuba, highlights the role played by women of African descent in the promotion and defense of human rights, which has resulted in a more comprehensive protection of the rights of all people in their diversity of identities.

“We must create a feminism where all women fit, an intersectional feminism where all women fit and where we can cover all the dimensions of discrimination we experience,” said Leticia Dandre Pie, a human rights activist in the Dominican Republic and member of the Movement of Dominican-Haitian Women (MUDHA).

Despite the progress made in introducing an anti-racist perspective in the struggle for women’s rights, challenges persist for real integration that translates not only into more inclusive activism, but also into the formulation of more comprehensive public policies. “We know that militancy today has to be recognized as a job, our time that we put into the struggle has to be recognized, but many times Afro-descendant women receive very few resources, trans women, women with disabilities, indigenous women are also included,” says Gilma Vieira da Silva, from REDJUAFRO.

“There are many challenges to consider the anti-racist perspective in the State, in academia and in society in general. There is a general imaginary that still places Eurocentrism as the idea of the best, of aspiring to be this hegemonic white stereotype aimed at certain parameters of aesthetic beauty, but it not only exists in the general imaginary but also permeates institutions,” says Patricia Torres Sandoval, of CONAMI Mexico.

From “white feminism” to intersectionality

One of the great criticisms of early feminism, or what we can call “white feminism,” is that it universalized the experience of white women[1]. That is to say, that in the beginning the struggle of feminism was reduced only to the needs of women who, in one way or another, were in a situation of privilege.

The anti-racist perspective in feminism is crucial because it challenges that Eurocentric and androcentric vision that has permeated many academic fields and social movements through white feminism[2]. The racialized women who came to contest these standards have provided critical analyses from their situated experiences, questioning power structures and advocating for a fuller understanding of the intersections of race, gender, and class in the struggle against oppression.

In particular, they have challenged the homogenization of the category “woman” in feminist movements, pointing out that women’s experiences vary significantly according to their race, ethnicity, class and sexual orientation[3]. This intersectional approach has enriched understanding of the interconnections between different systems of oppression.

Did you know…?

There are instruments for the protection and promotion of rights with an anti-racist approach or with a gender-race perspective. Some of them are:

  1. Universal Declaration of Human Rights (UDHR): this is the international document that establishes the fundamental rights of all people without any discrimination based on race or gender, among others.
  2. International Convention on the Elimination of All Forms of Discrimination against Women (CEDAW): this is the international instrument that specifically addresses gender discrimination and takes into account the dimensions of race and other factors. It recognizes the intersectionality of discrimination faced by women.
  3. International Convention on the Elimination of All Forms of Racial Discrimination (CERD): this UN treaty prohibits racial discrimination in all its forms and promotes racial equality. Although it does not focus exclusively on the gender perspective, it recognizes the intersectionality of discrimination.
  4. Beijing Declaration and Platform for Action: this convention, which was adopted at the Fourth World Conference on Women in 1995, highlights intersectionality and recognizes the importance of addressing discrimination based on gender and race.
  5. Inter-American Convention on the Prevention, Punishment and Eradication of Violence against Women (Convention of Belém do Pará): this is the inter-American regional treaty that focuses on gender-based violence and recognizes the intersectionality of the forms of discrimination faced by women, including racism.
  6. ILO Convention 169 concerning Indigenous and Tribal Peoples in Independent Countries: this is the convention that addresses the rights of indigenous peoples and recognizes the importance of addressing discrimination based on race.
  7. American Declaration on the Rights of Indigenous Peoples: it recognizes the right of indigenous women to the recognition, protection and enjoyment of all human rights without discrimination, establishing the duty of States to eradicate all forms of violence against indigenous women.
Recommendations

In order to achieve the effective integration of a racial perspective in policies and resolutions concerning women’s rights, States and human rights bodies should:

  • Formulate gender equality policies that explicitly include the intersectional perspective in the formulation of gender equality policies.
  • Promote diversity at all levels of leadership to reflect different experiences.
  • Implement educational programs that highlight the importance of understanding the complexities of intersectionality. In particular, promote awareness of the importance of intersectionality at all levels of government, as well as in judicial decision-making bodies, so that this perspective is replicated in their decisions.
  • Support and promote organizations working on the intersection of gender and race.
  • Regularly evaluate the effectiveness of policies, making sure to address multiple layers of discrimination.

 

 

[1]Parra, Fabiana (2021). Feminism will be anti-racist or it will not be. Joselito Bembé. Revista Político Cultural, nro. 2, p. 42, available in: https://www.memoria.fahce.unlp.edu.ar/art_revistas/pr.12875/pr.12875.pdf

[2] Curiel, Ochy (2007). Postcolonial critique from the political practices of anti-racist feminism. Nómadas, ISSN 0121-7550, ISSN-e 2539-4762, No. 26, p. 93, available in: https://dialnet.unirioja.es/servlet/articulo?codigo=3997720

[3] Boddenberg, Sophia (2018). Indigenous and Afro-descendant women, intersectionality and decolonial feminism in Latin America.Búsquedas Políticas Magazine, University of Alberto Hurtado, available at: https://politicaygobierno.uahurtado.cl/wp-content/uploads/sites/8/2018/06/sophia_boddenberg_mujeres_indigenas.pdf

In Cuba, 8M is lived between gender violence and repression

Washington, March 8, 2024 – In Cuba, March 8 (8M), International Women’s Day, is lived between gender violence and repression. During 2023, 89 women were victims of femicide in Cuba, and so far in 2024, 12 cases have already been documented, according to the platform Yo sí te creo en Cuba and the Gender Observatory of Alas Tensas magazine. Last year, more than 60% of the documented arbitrary detentions (626 out of a total of 936 people) were against Cuban women, according to the Cuban Observatory for Human Rights; and 78 women are currently deprived of liberty for political reasons on the Island, according to figures from the organization Justicia 11J.

“Cuba is a country that has violated the fundamental rights of women since the very beginning of the so-called revolution, and there are plenty of examples of courageous women who were imprisoned, expelled from their workplaces, and confined to exile. One of these was the case of ‘Las Plantadas’ (women who in 1960 were imprisoned for being dissident voices to the Cuban State), and in more recent times there are the Ladies in White and all those who were imprisoned on July 11, 2021, such as Lisandra Góngora, who is the mother of five children and remains in prison for participating in the protests,” says Katia Hernández, director of the Federación Latinoamericana de Mujeres Rurales (Flamur).

On the island, where all kinds of public demonstrations organized by independent civil society are prohibited, the women’s collective Damas de Blanco went from 243 members in 2013, to 50 members in recent years, as a result of arbitrary detentions, short-term disappearances, fines, threats, and internet cuts. “Currently five Damas de Blanco are deprived of their liberty along with dangerous common female prisoners. Their names are: Aymara Nieto, Sayli Navarro, Sissi Abascal, Tania Echevarría, and Jacqueline Heredia,” states Berta Soler, leader of this organization.

On 8M, activists and representatives of independent organizations recall that in November 2022, a campaign was launched to demand that Cuban authorities create a comprehensive law to protect women, regardless of their political position, sexual orientation and gender identity, religious beliefs, race or age. However, this petition was not included in the legislative schedule for 2024, even though that in 2023, Cuba was the Latin American country where femicide rates increased the most. “They increased by 150% with respect to 2022,” says Yanelys Núñez, coordinator of the Gender Observatory of Alas Tensas magazine, during her testimony at the thematic hearing ‘Cuba: Right to freedom of association’, which took place on February 29, 2024 before the Inter-American Commission on Human Rights (IACHR).

Persecution

“The institutional and vicarious gender violence exercised by the Cuban state, especially against mothers and caregivers involved in activism, has manifested itself in an alarming way through coercion, intimidation, defamation campaigns, banishments, cuts in communications, and threats to take away custody of their children. This type of violence, which can be considered a form of torture, constitutes a serious violation of human rights, and seeks to inhibit activism and silence the voices of civil society,” adds Núñez.

In the midst of this difficult panorama, women with diverse sexual orientations and gender identities also suffer discrimination exercised by the authorities of this country; as is the case of Brenda Díaz, a young trans woman who remains in a male penitentiary, where she is serving a sentence of 14 years and seven months for having participated in the protests of July 11, 2021. “She has been prevented from wearing women’s clothing and from wearing her hair long,” says Camila Rodriguez, director of Justicia 11J, during her participation in the thematic hearing held before the IACHR.

“As a result of my daughter’s imprisonment I have been persecuted and threatened by state security. They have told me that they are going to give her more time, that they are going to take her to another province, but I am not afraid of any of these threats because in the end she will always be my daughter, and wherever they put her I will continue to see her,” says Ana María García, Brenda’s mother. Her words show the situation experienced by hundreds of Cuban women, who have their loved ones in prison for demanding changes in Cuba and for being human rights defenders on the island.

In this country, there are plenty of testimonies of Cuban women who denounce gender violence and persecution on a daily basis, as well as resilient voices, such as that of Dunia Medina Moreno, from the Red Femenina de Cuba, who says she will continue working to “achieve the true freedom” that women in Cuba desire, even if that means being harassed by authorities.

The Institute on Race, Equality and Human Rights (Race and Equality) commemorates 8M by remembering Cuban women, especially those who work for the recognition of women’s rights, those who remain deprived of their freedom for political reasons, and the mothers, daughters, sisters, and partners of those imprisoned for demanding their fundamental rights. We also demand that the Cuban authorities create a comprehensive law against gender violence, which prevents GBV, improves care, and guarantees the human rights of women on the island, regardless of their political position, sexual orientation and gender identity, religious beliefs, race, or age.

Violence Against Women and the Importance of Addressing it Through an Intersectional Lens

Washington D.C., November 24, 2023 – Violence against women is as common as it is diverse in its manifestations. Similarly, its impact on victims is determined by the diversity of factors that intersect in their lives, from age and ethnicity to social status. On the International Day for the Elimination of Violence against Women, observed every November 25th, the Institute on Race, Equality, and Human Rights (Race and Equality) emphasizes the importance of addressing violence against women through an intersectional lens while providing recommendations to States.

In this regard, it is necessary to start with a definition of violence against women, its main manifestations, and an explanation of what intersectionality is, with references to examples of how the intersectional approach has been applied within the United Nations and the Inter-American System. UN Women, the United Nations entity dedicated to gender equality and women’s empowerment, defines violence against women and girls as any act of gender-based violence that results in, or is likely to result in, physical, sexual, or psychological harm or suffering.

Regarding the types of violence, the organization refers to physical, psychological, economic, emotional, and sexual violence, including sexual harassment, rape, corrective rape, and rape culture. There are also issues such as human trafficking, female genital mutilation, child marriage, and online or digital violence, including cyberbullying, sexting, and doxing. And, of course, the most extreme form of violence against women, femicide.

About the Intersectional Approach

Kimberlé Crenshaw, an American lawyer and scholar specializing in race and gender issues, was the first to address the concept of intersectionality concerning gender to understand structural inequality. She defined it as “a metaphor for understanding how multiple forms of inequality or disadvantage sometimes combine and create obstacles that are often not understood in conventional ways.”[1]

Initially, the term was heavily criticized because it seemed to favor certain individuals or groups concerning rights, departing from the concept of equality. However, to date, the term intersectionality is fully accepted and integrated into human rights systems, not only concerning gender issues but as a necessary tool for providing comprehensive responses to situations of discrimination.

Within the Inter-American System, the Inter-American Court of Human Rights (IACtHR) first used the concept of “intersectionality” in analyzing the discrimination suffered by a girl in accessing education in the case of Gonzales Lluy and Others Vs. Ecuador.[2] In this case, the Court affirmed that “multiple factors of vulnerability and risk of discrimination associated with being a girl, woman, person in poverty, and a person with HIV intersected.” The discrimination experienced “was not only caused by multiple factors but also resulted from the intersection of these factors. In other words, if any of these factors had not existed, the discrimination would have taken a different form. Indeed, poverty affected initial access to healthcare, which was not of quality and, on the contrary, resulted in HIV transmission. Poverty also impacted the difficulties in obtaining better access to the education system and decent housing,”[3] reasoned the Court.

For Race and Equality, the intersectional approach is one of its main working tools with civil society organizations. Through a recently initiated project, they aim to ensure that the priorities and needs of diverse women in Latin America are reflected, respected, and defended in international human rights protection mechanisms. They work specifically with women from Mexico, Honduras, Colombia, and Brazil, primarily with Indigenous, LBTI+, and Afro-descendant women who are in situations of particular vulnerability due to their gender and belonging to these discriminated groups. They seek to strengthen their capacities to have a voice in international human rights protection systems and at the national level, as well as to share their experiences with each other.

Race and Equality considers that defending and protecting women’s human rights is fundamental to advancing towards a just and equal society, and to ensure the inclusion of the intersectional approach in gender equality and women’s rights policies, they make the following recommendations to States:

  • Conduct awareness campaigns to break down gender stereotypes about women.
  • Provide training to state officials, especially judges, on the importance of adopting an intersectional approach to discrimination, to provide comprehensive responses to situations faced by women.
  • Review and develop legislation that allows officials to approach and respond to issues with an intersectional focus. Without legislation establishing an intersectional approach, it is difficult to implement policies in that direction.
  • Involve women from different groups in the exchange of experiences, allowing them to speak out about the types of violence they experience due to their living conditions. This interaction enriches perspectives and potential policies.
  • Implement special programs to ensure women’s access to basic services, education, and employment.
  • Collect data on violence against women using intersectional indicators, including sexual orientation and gender identity. Monitor the implementation and scope of women’s rights and gender equality policies with an intersectional approach.

[1] VOX, The Intersectionality Wars, https://www.vox.com/the-highlight/2019/5/20/18542843/intersectionality-conservatism-law-race-gender-discrimination

[2] Case available at: https://summa.cejil.org/en/entity/s2eqbnvn4m0hh9gfp83t0529

[3] Cfr. Caso Gonzales Lluy y Otros Vs. Ecuador, supra, par. 290.

LGBTI+ Rights in Brazil: Impressions After the Visit of Roberta Clarke, IACHR Rapporteur

Brazil, October 9th, 2023 – In a promotional visit to Brazil facilitated by the Institute on Race, Equality and Human Rights (Race and Equality), Roberta Clarke, Rapporteur on the Rights of LGBTI People of the Inter-American Commission on Human Rights (IACHR), had the opportunity to dialogue with civil society organizations and LGBTI+ activists from Brasília, Fortaleza, and Rio de Janeiro. During the visit, which took place from September 18th to 22nd, the IACHR Rapporteur was able to closely monitor the reality of the Brazilian LGBTI+ population, which, between advances and setbacks, remains united as a social movement and in the struggle for the preservation of the rights achieved thus far.

The trajectory of Roberta Clarke’s visit beyond the Rio-São Paulo axis was a strategy adopted by Race and Equality after several hearings with civil society, which constantly demanded attention to the different realities of the LGBTI+ population in other parts of the country. Thus, together with the support of the Ministry of Human Rights, through the National Secretary for the Rights of LGBTQIA+ People, Symmy Larrat, the city of Brasília was crucial for meetings with ministerial offices and meetings with the LGBTI+ movement in the Federal District. It is worth mentioning that the state of Ceará, with one of the highest rates of murders of LGBTI+ people, especially trans people, according to the dossier released by the National Association of Travestis and Transgenders (ANTRA), was also part of the script for active listening with activists from the northeast region, and for having the ‘Sister Imelda Lima Pontes Prison Unit’,  aimed exclusively at the LGBTI+ prison population.

Acknowledging that it is still too early to draw opinions and conclusions on the LGBTI+ Rapporteur’s visit to the country, Race and Equality brings to its audience an overview of the impressions shared by Roberta Clarke after talking to more than 15 organizations of the LGBTI+ movement in the visited cities. The Rapporteur’s impressions about the LGBTI+ population in the country were also reported during the public event held in Rio de Janeiro; “Building Bridges: LGBTI+ People’s Rights in an Intersectional Perspective”, hosted by Race and Equality.

During the week in which the Commissioner was in Brazil, two issues concerning LGBTI+ rights – which have already been achieved – were under discussion at the national level. One of them refers to equal civil marriage, which, due to the advance of extreme right-wing politicians in the Brazilian Congress, has once again been questioned as to its validity. Since 2011 and 2013, the Supreme Court (STF) and the National Council of Justice (CNJ) have equalized same-sex civil unions with heterosexual civil unions; however, Bill No. 5,167/2009 aims to annul this right. Although it has been postponed twice due to pressure from LGBTI+ deputies, and the vote remains suspended, it may return to the agenda in Congress. The other agenda that was under discussion refers to a manipulation also orchestrated by the growing anti-trans ideology that created a movement to attack the use of unisex bathrooms. The fomentation of intolerance on the part of conservative political actors has created a false idea that this was an urgent agenda item to be voted on.

These facts, for the Commissioner, reflected another Brazilian reality, since among the countries in the region, Brazil stands out among those that have made the most progress on LGBTI+ rights. In this regard, Roberta Clarke expressed concern about what is happening in the country and, particularly, about the issue of gender-based political violence, a topic that has been repeatedly denounced before the IACHR. For her, the spread of hate speech and the growth of the anti-trans movement has led to the need for reflection and the need to work together between social movements and LGBTI+ leaders. That is, to organize strategically to understand when it is worth expending efforts to the attacks of conservatives who aim only to spread fake news to dismantle civil society and interrupt the progress of the LGBTI+ political agenda.

In the face of these setbacks, the Commissioner demonstrated her solidarity and highlighted that the opportunity of having experienced different perspectives from across the country made her understand, in an intersectional way, the various types of violence that differentially affect the LGBTI+ community. While acknowledging the progress achieved through the historic struggle for visibility and rights, listening carefully to activists revealed that there is still much to be done. The country’s current situation has shown that there is strong pressure from the far right to destroy the progress made through gender equality policies and the recognition of LGBTI+ rights, and how through the spread of hate speech, trans people feel increasingly threatened and forced to live without access to basic rights.

Thus, Roberta affirmed the IACHR’s commitment to pay close attention to what happens in the country in the coming months, given that Brazil is a country of continental dimension and what happens in its territory has political influence on the entire region.

In her dialogue with the LGBTI+ social movement, the Rapporteur expressed concern about the difficulties reported in the documentation required for the process of civil rectification of name and gender; the various forms of violence against lesbian women; and the gap in the provision of public policies that meet their specificities, from the lack of data collection to the absence of health policies. In addition, lesbian women strongly emphasized the social exclusion they experience when they show affection in public, corrective rape practices, and conversion therapies, in addition to being expelled from their homes when they openly embrace their sexual orientation.

From the conversation with transmasculine people, the Commissioner was able to perceive how the violence they face is crossed mainly by issues of race, class, and territory, especially with regard to police violence. In Ceará, the theme of education was a major motto among LGBTI+ activists, highlighting the need for school inclusion policies since many LGBTI+ students abandon their educational institutions, either due to LGBTIphobia, bullying, disrespect for gender identity, among other forms of discrimination, and some do not even complete elementary school. In this context, on September 19th, the National Council for the Rights of the LGBTQIA+ Population published a resolution establishing guidelines to ensure inclusion and respect for gender identity in educational institutions.

In Brasilia, in addition to meetings with ministerial offices, Roberta Clarke met with the board of directors of the National LGBTQIA+ Council and had the opportunity to learn about the current demands of the LGBTI+ political agenda, in view of the democratic resumption in the country. The meeting with activists from the region took place in the Drag District with a round table that discussed topics such as the need for social assistance policies for the LGBTI+ population, such as the promotion of shelters and access to healthcare for the trans population.

During her visit to Rio de Janeiro, the Commissioner received a report from the Brazilian Lesbian Articulation (ABL) about lesbian women in the country; and received the ‘Dossier on Lesbocide’, after talking to one of the authors. In addition, she was given the dossiers on murder and violence against Brazilian travestis and transgender people in 2022; and the ‘Trans Brasil’ dossier, on their situation in the prison system, both documents being produced by ANTRA.

Finally, Race and Equality is deeply grateful to the Brazilian LGBTI+ movement that mobilized activists from different regions of the country so that they could convey to the IACHR Rapporteur their life experiences and their trajectories of struggles for rights in a country where being and existing as an LGBTI+ person is an act of courage. We also thank the IACHR for accepting our invitation and engaging in dialogue with the Brazilian LGBTI+ civil society movement. In view of our mission, encouraging visits by rapporteurs and experts from international mechanisms is another step in ensuring visibility, non-discrimination, and the full realization of human rights. Therefore, we ask the IACHR to consider the following recommendations for the Brazilian State:

1 – Creation of a National Council to confront hate speech and the dissemination of fake news with an intersectional perspective, in view of the violence and attacks suffered by the LGBTI+ population in the country.

2 – Establishment of policies and bills that constitutionally guarantee same-sex equal marriage, in addition to guaranteeing the safety of trans people in public bathrooms according to their gender identities and the plurality of unisex bathrooms.

3 – Collection of disaggregated data regarding the LGBTI+ population, either through the National Census or through surveys that foster the creation of specific public policies for this population.

4 – Training and education policies aimed at public security forces so that they can ensure the safety of Brazilian LGBTI+ people.

5 – Construction of a policy to confront gender-based political violence, with the provision of measures to protect LGBTI+ members of Congress.

 

Join Our Efforts

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

Donate Contact Us