By: Alex Blake

Journal of Global Rights and Organizations, Associate Articles Editor

SAN JOSE, Costa Rica – In May 2020, Costa Rica became the first Central American Country, and sixth Latin-American country to Legalize same-sex marriage. The vast majority of Latin-American countries have been steadfast in suppressing the rights of LGBT people, recently, both Guatemala and Panama have filed legislation that explicitly defines marriage as between man and woman, keeping same-sex marriage illegal.

In 2016, the Costa Rican government began to show a serious interest in the legalization of same-sex marriage when it filed for the Inter-American Court of Human Rights to interpret the right to privacy and right to equal protection and whether these rights extended to same-sex couples. In its 2017 opinion, the Court held that governments “must recognize and guarantee all the rights that are derived from a family bond between people of the same-sex”, and that it was discriminatory and inadmissible for separate legal provisions to be established just for same-sex marriages, the Court further went on to demand that member-governments “guarantee access to all existing forms of domestic legal systems, including the right to marriage, in order to ensure the protection of all the rights of families formed by same-sex couples without discrimination”. Finally, the Court stated that transgender people should be allowed to change their name on identity documents. The Inter-American Court of Human Rights’ rulings apply to all countries that have signed the American Convention on Human Rights (the “Pact of San Jose, Costa Rica”, (1969)). When the Court delivered this opinion, it gave Costa Rica 18 months to adhere to its guidelines and adopt same-sex marriage.

While Costa Rica was making these incredible strides in Human Rights law toward acceptance of LGBT’s and legalizing same-sex marriage, there was still major opposition within the country. Evangelical candidate Fabricio Alvarado ran against the progressive candidate Carlos Alvarado Quesada.

Carlos Alvarado Quesada of the center-left Citizen’s Action Party campaigned on a pro-same-sex marriage platform and promised to implement the Inter-American Court of Human Rights’ ruling as required to recognize such unions. On the other hand, right-wing candidate Fabricio Alvarado pledged to ignore the requirement if he was elected.

While the polls indicated a close election and there was much protest on both sides of this debate, Mr. Alvarado Quesada, the progressive, won the election rather handily. A few short months after the election, in August 2018, the Supreme Court of Costa Rica said that the country’s ban on same-sex marriage was unconstitutional and started the 18t month grace period in which the country would have to legalize same-sex marriage, the Legislative body did not act, and in May 2020 the law was extinct. President Alvarado Quesada was quoted on the day of legalization saying, “Today we celebrate freedom, equality and democratic institutions”.

Costa Rica seems to intend to keep pushing the envelope and further progress its laws to empower those of different sexual orientations and sexual identities in the future. Costa Rica must serve as an example for the rest of Latin-America and Central America and urge all other governments to follow its lead.

For further information, please see:

BBC News – Inter-American Human Rights Court backs same-sex marriage – 10 Jan.  2018

CBS News – Costa Rica becomes the first country in Central America to legalize same-sex marriage – 27 May, 2020

Human Rights Watch – Costa Rica First in Central America to Legalize Same-Sex Marriage – 26 May, 2020

PBS News Hour – Costa Rica legalizes same-sex marriage – 26 May, 2020

 

By: Shane Kelly

Impunity Watch Staff Writer

GEORGIA, United States of America – On October 30, 2020, the Inter-American Commission on Human Rights (IACHR) condemned the U.S. Immigration and Customs Enforcement (ICE) for sterilization procedures performed on detainees of the Irwin County Detention Center in Ocilla, GA.

Specifically, the IACHR admonished the non-consensual hysterectomies and neglect of surgeons, which violated rights to personal security, family, and privacy afforded by the U.S. Constitution. Additionally, the complaint presented by human rights organizations describes the compounding harm caused by the risk of COVID-19 infection, experienced by those subjected to the procedures.

The complaint, presented to the U.S. Department of Homeland Security by numerous social justice organizations, alleges that the migrant detention center in Irwin County, GA, has been sterilizing women with neglect towards general medical care, including a lack of effective measures to prevent the spread of COVID-19. The IACHR has called for the immediate cessation of said practices, as well as investigations and prosecutions of those responsible.

The complaint is corroborated by testimonies from a former nurse, multiple detainees, and an independent medical team. The former nurse describes some shocking stories, including one of a detained immigrant woman who underwent surgery to have one of her ovaries removed because of a cyst, only to awake from anesthesia with a total hysterectomy. The medical team’s report found records of nineteen migrant women who experienced negligent care, discriminatory treatment, and dangerous environments considered inefficient in reducing the spread of COVID-19.

In the international context, the IACHR invokes the Inter-American Court of Human Rights’ decision in the Case of IV v. the State of Bolivia, where the court recognized the autonomy and reproductive human rights of women in their lives and bodies. The IACHR also looks to the “Inter-American Principles on the Human Rights of All Migrants, Refugees, Stateless Persons, and Victims of Human Trafficking, Resolution 01/20 on Pandemics and Human Rights,” for recommendations and guidelines in remedying this issue.

These violations of migrant women’s rights come amidst a time of harsh scrutiny of ICE’s procedures in its operations of detention centers. Other violations made public include: deplorable living conditions; lack of separation in a global pandemic; and deprivation of the right to freedom of religion. The IACHR is further concerned with the lack of response from the Office of the Inspector General of the Department of Human Services following the publicity of the conditions by the press, the submission of the complaint, and the IACHR’s condemnation. Speaker of the House Nancy Pelosi has also recently urged action from the inspector general to investigate the allegations.

For further information, please see:

Reliefweb – IACHR Expresses Its Concern Over Reports of Sterilizations and Surgical Interventions Without Consent in Migrant Detention Centers in the USA – 30 Oct. 2020

ICDC – Lack of Medical Care, Unsafe Work Practices, and Absence of Adequate Protection Against COVID-19 for Detained Immigrants and Employees Alike at the Irwin County Detention Center – 14 Sept. 2020

CNN – Whistleblower Alleges High Rate of Hysterectomies and Medical Neglect at ICE Facility – 16 Sept. 2020

By: Christian González

Journal of Global Rights and Organizations, Associate Articles Editor

GUATEMALA – Two recent cases involving actions of the Guatemalan government against local indigenous radio stations have been reported and brought to the Inter-American Court of Human Rights (hereinafter “the Inter-American Court”) and the Government of Guatemala, by the Inter-American Commission on Human Rights (IACHR).

The first involves the legal obstacles faced by four local stations operated by indigenous people, including access to radio frequencies and criminal consequences imposed on any unauthorized operations. The second involves the arrest, detention, and delayed hearing process of indigenous journalist Anastasia Mejía Triquiz.

On April 3^rd, 2020, the IACHR presented a merits report to the Inter-American Court regarding four Guatemalan radio stations, each operated by a different indigenous ethnic group. These four are: a station based in Sumpango operated by Kaqchikel Maya, a station based in San Miguel Chicai operated by the Achí Maya, a station based in Cajolá operated by Mam Maya, and a station based in Todos Santos Cuchumatán operated primarily by Maya of Mam heritage. The IACHR found that the Guatemalan government placed legal barriers that prevent access of radio frequencies to local indigenous communities and caused indirect discrimination against them.

Guatemalan law dictates that radio frequencies are assigned to parties that can produce the highest financial offer, making it essentially a bidding process. The IACHR asserts that this burdens indigenous communities due to the fact that many suffer from poverty and cannot afford to make competitive offers. This in turn disenfranchises these communities from lawful radio broadcasting. Article 13.3 of the American Convention states that “[t]he right of expression may not be restricted by indirect methods or means, such as the abuse of government or private controls over newsprint, radio broadcasting frequencies…. or by any other means tending to impede the communication and circulation of ideas and opinions.” According the IACHR, the Guatemalan government has violated Article 13.3 by imposing these funds-based restrictions, effectively preventing indigenous communities from preserving and sharing their culture and language through community radio stations.

Furthermore, Guatemalan law criminalizes unauthorized operation of radio broadcasts as a theft offense, which the IACHR views as an additional burden on indigenous communities and as government censorship, a violation of Article 13.2 of the American Convention. The IACHR has compiled a list of remedial recommendations for the government to follow that include increased access to radio frequencies, refraining from the use of criminal law against indigenous communities, and full reparations to those communities already harmed. The case is pending in the Inter-American Court, which is currently waiting on receipt of written arguments from parties.

On October 22^nd, 2020, the IACHR Office of the Special Rapporteur for Freedom of Expression released a statement to the Guatemalan government regarding the arrest and detention of Anastasia Mejía Triquiz. Mejía Triquiz is a journalist of K’iche Maya heritage and the director of the Xolabaj Radio and TV stations based in Joyabaj. On September 22^nd, she was arrested by the National Civil Police on charges of sedition and attempt with aggravated arson and aggravated robbery, though further justification of these charges has not been given by the government.

The Office believes that Mejía Triquiz’s arrest is possibly linked to her coverage of local demonstrations against the alleged corruption surrounding Joyabal Mayor Francisco Carrascosa’s use of COVID-19 relief funds. Her coverage and criticisms of Carrascosa were broadcasted on Xolabaj’s Facebook page.

Mejía Triquez has been detained for 31 days without a judge’s official order of pre-trial detention. Her first statement hearing has been postponed twice, and it seems she will have been detained for a total of 37 days before her first hearing. The Office alleged that this is a deprivation of her personal liberty and freedom of political speech, and acknowledges the indirect censorship effects this has on other indigenous broadcasters. In its press release, the Office called on the Guatemalan government to respect the expression and liberty rights of Mejía Triquez and to guarantee her a diligent investigation of the charges brought against her.

The Office stated that it believes that Mejía Triquez’s arrest and the above pending case in the Inter-American Court constitute an ongoing effort by the government to quash the freedom of expression rights of indigenous community broadcasters throughout Guatemala.

For further information, please see:

Inter-American Commission on Human Rights – Press Release: The IACHR presents case involving Guatemala before the Inter-American Court (Spanish) – 25 Sep. 2020

Inter-American Commission on Human Rights – Report No. 51/18, Petition 1779-12: Indigenous Kaqhikel Maya People of Sumpango and Others vs. Guatemala (Spanish) – 5 May 2018

Inter-American Commission on Human Rights – American Convention on Human Rights – 22 Nov. 1969

Inter-American Court of Human Rights – Case Information: Indigenous Kaqhikel Maya People of Sumpango and Others vs. Guatemala (Spanish) – 5 Aug. 2020

Inter-American Commission on Human Rights, Special Rapporteurship for Freedom of Expression – Press Relese: The Office of the Special Rapporteur considers inadmissible the delay in the detention process of indigenous journalist Anastasia Mejía Triquis in a pandemic context and calls on the State of Guatemala to respect and guarantee her right to personal liberty and due process of law – 22 Oct. 2020

Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos – We demand the release of the journalist Anastasia Mejía in Guatemala (Spanish) – 21 Oct. 2020

Facebook – Xolabaj Radio – Last Updated Oct. 19, 2002

By: Elyse Maugeri 

Impunity Watch Staff Writer

MANAGUA, Nicaragua – In late September of this year, President Daniel Ortega’s ruling party introduced two new bills to Nicaragua’s National Assembly. These bills are the Proposed Foreign Agent bill and Cybercrime bills. The aim of the new legislation is to severely restrict freedom of speech and limit the critics of the Sandinista party.

Human Rights Watch has noted the bills’ likeness to similar laws in Russia. Those laws have notably been condemned by the Commissioner for Human Rights of the Council of Europe, as a violation of international norms; and have been the subject of litigation in the European Court of Human Rights more than once.

The Law for the Regulation of Foreign Agents is aimed at human rights organizations and media outlets operating in Nicaragua. These organizations fear that this law targets them specifically as many of them depend on foreign-based funding.

This bill requires any person or entity receiving funding directly or indirectly from abroad to register with the government as a “foreign agent.” They also must register if they work for or represent the interests of a foreign government, foundation, or business. If they fail to do so, the consequences include fines, cancellation of registration, and seizure of property. Furthermore, if these “foreign agents” are found to have intervened in any domestic political affairs, they will face unspecified legal sanctions.

The Special Law on Cybercrimes is aimed at criminalizing those who spread “fake news” and other critical speech on the internet. Its provisions include lengthy criminal sentences for anyone found “publishing or disseminating false or distorted information” or any expression that “promotes hate and violence.” Prison sentences are also outlined for any person using technology to disclose classified or “personal” information and for anyone “praising” criminal activity. The terms used are not further defined in the bill, leaving them up to interpretation.

Nicaragua has ratified both the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR). Under these, countries may only limit free speech when necessary, and the limitations must be done proportionately. Both of the new bills work directly against the goals of the ICCPR and ACHR and are largely inconsistent with international law.

The Inter-American Commission on Human Rights (IACHR) expressed its concern in a statement in which it highlighted Article 13 of the ACHR, which establishes the right to freedom of thought and expression. They further point to the 2011 Joint Declaration on Freedom of Expression and the Internet of the IACHR and UN Special Rapporteurs that promotes freedom of expression as it applies to the internet, allowing only for limitations in circumstances in which international law would allow such as national security.

The decision by the Nicaraguan government to introduce these bills has only intensified international concern. Since 2018, journalists and independent media outlets have been targeted by the government. Emmanuel Colombié, of Reporters Without Borders stated recently, “we totally condemn this outrageous and unconstitutional bill designed to step up censorship and intimidation of Nicaragua’s independent media. The national assembly must reject this draconian legislation, which would provide Daniel Ortega’s government with a new repressive tool for silencing its critics.”

For further information, please see:

Associated Press – Proposed Nicaragua law could muffle dissent – 23 Sept. 2020

Human Rights Watch – Nicaragua: Ortega Tightening Authoritarian Grip – 8 Oct. 2020

IACHR – The IACHR and its Office of the Special Rapporteur for Freedom of Expression express concern about new legal threats to freedom of expression and indirect measures against the media and journalists in Nicaragua – 7 Oct. 2020

Reporters Without Borders – RSF and PEN urge Nicaraguan legislators to reject “foreign agents” bill – 29 Sept. 2020