South America

Brazil Criminalizes Use of Homophobic Slurs

By: Molly Osinoff

Impunity Watch News Staff Writer

BRAZIL – In August 2023, Brazil’s Federal Supreme Court held, by a 9-1 vote, that homophobic slurs are punishable by prison. The Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT), an organization dedicated to protecting LGBTQ people’s citizenship and human rights, brought the case to the Supreme Court.

People marching holding a large rainbow flag | Photo Courtesy of Getty Images

In 2019, Brazil’s highest court ruled that homophobia was a crime. The decision made homophobia, as applied to the LGBTQ+ community, a crime. The recent court ruling, however, applies to attacks directed at specific individuals.

In Brazil, there is a difference between racism, which punishes discriminatory offenses against a group of people, and making a racial insult, which is a crime that penalizes a person for using race to offend another person’s dignity. ABGLT argued that a distinction between homophobia and using homophobic slurs should be made to provide broader protection to Brazil’s LGBTQ community. ABGLT advocated for a law against homophobic insults, mirroring the law prohibiting racial insults. The recent court decision effectively equates homophobia to racism.

Despite transphobia’s classification as a crime in Brazil for the past three years, Brazil is the country with the highest number of transgender and queer people murdered in the world. A report published by Transgender Europe, a network of organizations that collects and analyzes data regarding transphobia, stated that 70 percent of murders of transgender people globally have occurred in South America and Central America. Thirty-three percent of those murders occurred in Brazil.

The Court’s ruling, a recent achievement for the LGBTQ community, comes after the conclusion of President Jair Bolsonaro’s term. Bolsonaro has famously said: “”I would not be able to love a gay son. I would rather he die in an accident.” During Bolsonaro’s presidency, Brazil’s education ministry terminated its department dedicated to diversity and human rights, reversing much progress that has been made during the past ten years, including the legalization of same-sex marriage in 2013 and the legalization of name and gender changes in 2018.

The recent court decision is an important step forward in protecting Brazil’s LGBTQ community. According to the national LGBTI+ Alliance, a Brazilian LGBQT rights group, “Such a decision brings legal certainty and reinforces the court’s understanding with regard to the principle of equality and nondiscrimination.” Minister Edson Fachin called this decision “a constitutional imperative.” Brazil’s Federal Supreme Court has officially demonstrated its intent to hold individuals accountable for their homophobic language.

For further information, please see:

ABC News – Jair Bolsonaro: Controversial Far-Right Politician Elected as Brazil’s Next President, Beating Rival Fernando Haddad – 28, Oct. 2018.

Barron’s – Brazil High Court Rules Homophobia Punishable By Prison – 22, Aug. 2023.

Buenos Aires Times – Brazil High Court Rules Homophobia Punishable by Prison – 23, Aug. 2023.

Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT).

Brasil de Fato – Brazil continues to be the country with the largest number of trans people killed – 23, Jan. 2022.

Transgender Europe – Trans Murder Monitoring Update – 11, Nov. 2021.

Washington Post – LGBT Rights Under Attack in New Far-Right President – 18, Feb. 2019.

Inter-American Commission of Human Rights Condemns Rising Violence Against Journalists in Haiti

By: Molly Osinoff 

Impunity Watch News Staff Writer 

PORT-AU-PRINCE, Haiti – On October 3, 2023, the Office of the Special Rapporteur for Freedom of Expression (RELE) of the Inter-American Commission of Human Rights (IACHR) published a statement condemning the increasing violence against journalists and media outlets in Haiti. The statement further urged Haitian authorities to “investigate in a thorough, effective, and impartial manner what happened, to prosecute and punish those responsible…”  

 
People carry a journalist who was tear gassed by the police during a protest over the death of journalist Romelo Vilsaint in Port-au-Prince | Photo Courtesy of the Associated Press
  

Haitian journalists have faced increasing violence in Haiti. Numerous journalists have been the victims of threats, abuse, and murder. In September 2022, while reporting in an area in the capital controlled by gangs, two reporters were fatally shot, and their bodies were set on fire. In August 2023, gunmen set fire to journalist Arnold Junior Pierre’s home. He had, weeks earlier, been assaulted by a group of unidentified people. In September 2023, at least twelve journalists fled their homes in the Carrefour Feuilles district, which is home to many journalists, in the wake of increased violence by gangs controlling the area. Media facilities have also been subject to attack. Gang members allegedly set a radio station facility on fire in July 2023. 

Haiti’s Constitution specifically addresses the right to freedom of expression. Article 28 of the Haitian Constitution protects the right to express one’s opinion freely by any means. Furthermore, the Constitution also addresses journalists. Article 28-1 states: “Journalists shall freely exercise their profession within the framework of the law. Such exercise may not be subject to any authorization or censorship, except in the case of war.” To further support journalists, the Constitution states that offenses involving the press and abuses of freedom of expression are to be considered under the code of criminal law.  

The violence journalists face is part of the rising gang violence that has been overwhelming Haiti since the assassination of President Jovenel Moïse in 2021. Since then, no leader has been elected. Armed gangs have taken control of up to 90 percent of Port-au-Prince, Haiti’s capital, engaging in widespread public killing, rape, and displacement. Between January 2023 and early August 2023, according to the United Nations, more than 2,400 people in Haiti were reported killed, and more than 950 people in Haiti were kidnapped. Over 200,000 people have fled their homes. Because journalists cover the extent of gang violence, they are often the victims of brutal attacks or murders by armed gangs seeking to maintain their power. 

As RELE emphasizes, violence against journalists violates the fundamental rights of individuals and freedom of expression. Violence affects more than the journalists themselves and their family members. Instead, the violence against journalists affects society as a whole by preventing citizens from being informed about issues that truly affect their lives and poses a threat to freedom of expression. 

For more information, please see: 

AP News – 2 Journalists Killed in Haiti While Reporting on Violence – 13, Sept. 2022. 

AP News – Witnesses: Journalist Killed After Police in Haiti Open Fire – 30, Oct. 2022. 

Constitution of Haiti (1987). 

Inter-American Commission on Human Rights – RELE Condemns the Escalation of Violence Against Journalists in Haiti and Calls for Comprehensive Solutions with the Accompaniment of the International Community – 3, Oct. 2023. 

New York Times – Kenyan-Led Security Mission in Haiti: What to Know – 2, Oct. 2023. 

Reuters – Americas Rights Court Condemns Violence Against Haiti Journalists – 3, Oct. 2023. 

Washington Post – U.S. Embassy in Haiti Tells Americans to Leave “As Soon As Possible” – 31, Aug. 2023.  

Former President of Peru on Trial for Forced Sterilization Program in the 1990s

By: Shane Kelly

Impunity Watch Staff Writer

LIMA, Peru – Earlier this month, hearings resumed against former president Alberto Fujimori for the hundreds of thousands of women forcibly sterilized under his tenure in the 1990s.

Former President Alberto Fujimori at his hearing. Photo Courtesy of The Associated Press.

The judicial process began last Monday against Alberto Fujimori, the former president of Peru. The trial focused on his participation in the Peruvian government’s role in the sterilization of over 270,000 indigenous women without consent in the 1990s. Those women brought this case against Fujimori, not only for the blatant offenses against female autonomy but also for the long-lasting effects from infections.

The prosecutor in the case brings charges specifically on behalf of the families of five dead women, and 1,301 others who allege being sterilized against their will. Currently, the 82-year-old Fujimori is serving a 25-year prison sentence for various murder charges of his own citizens by his military.

Peruvian women—victimized by Fujimori with his sterilization policies in the 1990s—are now demanding justice. They allege these sterilizations were part of Fujimori’s “family planning” policy—a euphemism for what he considered a solution to overpopulation he referred to as the “Indian problem.”

In one particular situation, Mrs. Magna Morales was denied the right to sue the government because of her agreement to the procedure, having been incentivized with gifts of food and clothing. In this instance, Mrs. Morales died of complications from the surgery.

Fujimori’s defense is that, because when he was extradited from Chile in 2007 sterilization charges were not included, he should not be judged on those crimes now. He later boasted his program as reducing the birth rate of Peru in comparison to China’s one-child policy.

The case was reopened in 2011 when the Inter-American Commission on Human Rights pressured Peru to investigate. In 2014, more than 2,000 cases were closed for insufficient evidence. The indigenous women persisted, pushing for the current trial and maintaining an online database called “Quipu” to track those subjected to this forced sterilization policy.

Hearings resumed this month, giving hope to thousands of women that they will receive some semblance of justice.

For further information, please see:

ABCNews – In Peru, Sterilization Case Against Fujimori Goes to Court – 1 Mar. 2021

New York Times – Using Gifts as Bait, Peru Sterilizes Poor Women – 15 Feb. 1998

Yahoo! – Forcibly Sterilized During Fujimori Dictatorship, Thousands of Peruvian Women Demand Justice – 3 Mar. 2021

 

Brazil’s Indigenous Communities Need Immediate Access to COVID-19 Vaccinations

Dedication:

The Journal of Global Rights & Organizations and Impunity Watch News dedicates this article to Zaiden Geraige Neto, Ph.D., who passed away from COVID-19. Zaiden was pursuing his LL.M. at the College of Law and had joined the Impunity Watch News team in 2021. Zaiden was a highly regarded class action lawyer and law professor in Brazil. He also leaves his legacy in numerous articles and books about law theory and practice. We extend our deepest sympathy to Zaiden’s wife, family, friends, and loved ones.

 Rest In Peace, Zaiden

 

BRASILIA, Brazil – As COVID-19 deaths continue to rise to their highest levels yet, and a dangerous new variant stalks Brazil, President Jair Bolsonaro tells Brazilians to “stop whining.” Currently, Brazil ranks third amongst all countries in confirmed COVID-19 cases. President Jair Bolsonaro’s “lack of a cohesive and rigorous” COVID-19 policy and other “geographic and governmental challenges” threaten all Brazilians, but particularly the vulnerable communities like the Indigenous populations.

Nurse from the Special Indigenous Health District of Mato Grosso do Sul treats patient in the Lagoinha Village. Photo Courtesy of ReliefWeb.

According to Survival International, Brazil is made of nearly 305 Indigenous tribes which are composed of 900,000 people. Amongst these Indigenous communities, there have been 50,000 confirmed COVID-19 cases and 900 deaths. “Those who have died include people working in health care, traditional healing, politics and education, as well as chiefs and leaders of their own tribes.”

Health experts warn that Indigenous people are particularly vulnerable to COVID-19 due to “factors ranging from lack of consistent healthcare to their culture of shared housing and food.” Additionally, due to the isolated nature of their communities, Indigenous people have not developed the same immunity to pathogens like the rest of the Brazilian population. While Brazil’s health ministry claimed that Indigenous communities would be some of the first to be inoculated, many Indigenous leaders of territories not recognized by the Brazilian government have stated that their community members have not been vaccinated.  According to the University of São Palo, it will take over four years for Brazil to immunize its entire population if Brazil’s current rate of vaccination is maintained. Today, only 3.8 percent of Brazilians have been vaccinated. Meanwhile, the U.S. is administering over 2 million vaccinations a day.

Indigenous healthcare workers conducting examinations and educating relatives that work in the city on quarantine protocol. Photo Courtesy of Conselho Terena Archives.

Four years is far too long. Historically, Indigenous communities have been disproportionately impacted by pandemics, such as the measles and now COVID-19. The Brazilian government must act now to protect its most vulnerable, including those who reside on land outside the Amazon that is not legally recognized. With this, Brazil should support the proposed World Trade Organization (“WTO”) Trade-Related Aspects of Intellectual Property Rights waiver (“TRIPS”).

In October 2020, India and South Africa proposed the waiver that would allow all countries “to collaborate on the COVID-19 response, including vaccine development and distribution, without being unduly hampered by the complexity of laws and restrictions governing intellectual property.” Since then, over one hundred countries globally have endorsed the proposal while President Jair Bolsonaro’s administration has remained in opposition.

During the HIV/AIDS epidemic, Brazil supported a similar proposal that allowed the global distribution of treatment.  Once again, Brazil should take the lead in “prioritizing public health over intellectual property rules” and pharmaceutical companies’ profits. Inequitable access to vaccinations is a clear human rights issue.

For further information, please see:

Reuters – Slow rollout of COVID-19 vaccine in Brazil leaves indigenous at risk – 4 Mar. 2021

BBC News – Covid: Bolsonaro tells Brazilians to ‘stop whining’ as death spike – 5 Mar. 2021

Human Rights Watch – Brazil: Support Wider Vaccine Production at WTO – 9 Mar. 2021

Just Security – Fair Shots for All: At WTO US Must Prioritize Vaccine Access for Lower-Income Countries Over Drug Company Profits – 9 Mar. 2021

NBC News – Survival of Brazil’s Indigenous groups hinges on urgent Covid response, human rights groups warn – 12 Mar. 2021

Yahoo! News – ‘History is dying’: Brazils’ Indigenous urgently need Covid vaccines, protection, groups say – 12 Mar. 2021

Unaccompanied Migrant Children Continue to be Detained at the U.S. Southern Border

By: Ryan Ockenden

Impunity Watch Staff Writer

CARRIZO SPRINGS, United States of America – Within recent weeks, thousands of unaccompanied migrant children have arrived at the southern border of the United States. President Biden has agreed not to turn back unaccompanied minors in spite of Title 42, the emergency public health law invoked by former President Trump, which authorized turning away the majority of migrants due to COVID-19.

Trailers previously used to house oil workers have been turned into bunks for the unaccompanied migrant minors. Photo Courtesy of Eric Gay and Associated.

Although President Biden promised to take a more humane approach to unauthorized immigration, his administration has re-opened the controversial Carrizo Springs detention center, to house these unaccompanied minors. According to the Trafficking Victims Protection Reauthorization Act, minors cannot be held by border agents at these detention centers for more than 72 hours. After 72 hours, the unaccompanied minors must then be transferred to shelters while the Office of Refugee Resettlement can locate their family members in the United States and arrange for their release to the families. The Biden administration is not following this law. Due to the lag in processing, children are being held for much longer in detention centers like that in Carrizo Springs. Once unaccompanied minors arrive at the shelters, many of them are not being released to their families, despite the families being located, because of the requirement that the minors quarantine for ten days and test negative twice for COVID-19.

In the past, the Inter-American Court and Commission of Human Rights (IACHR) has asserted that detentions at the U.S. southern border must be as brief as possible. Further, the IACHR has stressed that the best interests of a child are the primary consideration in any action taken in relation to the child. COVID-19 has posed a confounding problem for the American government: whether to prioritize public health; or, to get children out of shelters and into their families’ possession as soon as possible.

Many human rights advocates feel that the Biden administration is reverting to the perverse policies under former President Trump. The advocates believe the vulnerable children are being held in unsafe facilities that do not meet their best interest: being sent to safety with their family members in the United States.

In the face of a health crisis, the Biden administration will continue to face two issues: (1) ensuring children are not held for more than 72 hours in Border Patrol custody; and, (2) whether prioritizing public health and quarantine policies over reuniting unaccompanied minors with their families is appropriate. On the first issue, the Biden administration has said that they do not want to keep the facilities open long, but they have no current alternative since they did not inherit a system that manages COVID-19 and the influx of unaccompanied minor migrants. On the second issue, the Biden administration has shown no indication to change their policy, raising questions about whether they are seeking the best interests of the children.

For further information, please see:

Amnesty International – Carrizo Springs detention facility cannot become status quo for children – 23 Feb. 2021

NPR – Biden Pledges That Border Shelter For Teens ‘Won’t Stay Open Very Long’ – 25 Feb. 2021

Pacific Standard – What laws protect detained children from mistreatment on the border? – 24 Jun. 2019

Politico – Biden promised a ‘fair and humane’ immigration overhaul. What he inherited is a mess – 26 Feb. 2021

The New York Times – Thousands of Migrant Children Detained in Resumption of Trump-Era Policies – 26 Feb. 2021