Americas Maurice Bryan

AmericasAntonio Cicioni, Phyllis Gerstenfeld, Janet Oropeza Eng, Cecilia Toledo, Natalia Torres Alaska (US)

CANADA

NORTH UNITED STATES PACIFIC

ATL ANTIC

OCEAN

CUBA Hawaiian Islands (US) MEXICO DOMINICAN REP. HAITI Puerto Rico (US) BELIZE JAMAICA GUATEMALA HONDURAS EL SALVADOR NICARAGUA

COSTA RICA VENEZUELA PANAMA GUYANA COLOMBIA Guyane (Fr.) SURINAM

ECUADOR

PERU BRAZIL

BOLIVIA

PARAGUAY

SOUTH CHILE URUGUAY PACIFIC ARGENTINA physical violence. The proposed introduction of a review in early 2014 on hate speech and ways to North address it attracted criticism from commentators who viewed it as an encroachment on free expression. This tension is also evident in Canada, America though Canadian law has stronger restrictions on hate speech. While a controversial section of the Phyllis Gerstenfeld and Janet country’s Human Rights Act addressing online hate Oropeza Eng speech was repealed in June, the court in a separate ruling during the year upheld the basic principles he context for minorities and indigenous of hate speech regulations. However, across the peoples varies considerably across region some of the most innovative measures to T North America, with each country curb discriminatory language against minorities shaped by its particular history. In the case of and indigenous peoples came from NGOs and Mexico, indigenous communities faced ongoing civil society, including online users monitoring hate issues during 2013 relating to land rights and speech and countering negative stereotypes with resource extraction. Negative stereotypes and positive representations and awareness raising. broader patterns of discrimination remain, impacting on livelihoods and excluding many Mexico from basic services such as health care. In the Mexico’s justice system continues to be defined United States, this is also a particularly pressing by widespread impunity for military forces and issue for minorities and indigenous groups. The inadequate protection for victims of abuses from government implemented a number of reforms state and non-state actors, including human during the year with the aim of extending health rights activists. Judicial reforms dating back care access, though these led to considerable to 2008 have still only been implemented in resistance and were a major factor in the a fraction of the country’s 32 states. The new temporary shutdown of the federal government in Victims Law, enacted in January to strengthen October. Migration from other countries to the protections for victims of crime, reportedly United States, including Mexico, also remained remained unimplemented as of the end of the a divisive subject. While some states adopted year. Similarly, the Protection Mechanism for measures during the year to improve protections Human Rights Defenders, passed in 2012, was for migrant workers in the country, others took undermined by lack of resources. In addition steps to increase their restrictions. to these shortcomings, indigenous peoples are The countries in the region have also developed hampered in their search for access to justice by distinct responses to tackle incitement and hate language barriers and limited translation services. crime against minorities and indigenous groups. These deficits particularly affect Mexico’s In Mexico, the focus within the law has been indigenous population, who faced ongoing primarily on tackling discrimination through violations of their land and consultation rights a range of national and local level legislation. during the year by large-scale development or Nevertheless, in reality many indigenous peoples resource exploitation projects in their territories. This remain marginalized, and community activists included, during 2013, continued resistance to the continued to be vulnerable to intimidation and La Parota dam in Guerrero State. The targeted killings during the year. In the United hydroelectricity project would, if implemented, States, while reporting mechanisms are in place, result in land expropriation and the displacement of there is still considerable uncertainty about the true indigenous communities. Other indigenous protests incidence of hate crime due to under-reporting. included the opposition of Nahua and Totonaca Hate speech also remains a divisive subject as indigenous groups in Zautla, Puebla to a mining freedom of speech is constitutionally protected, project and the movement of Yaqui against the meaning that incidents are generally only construction of an aqueduct in Sonora without prior prosecutable if there is a clear threat of imminent consultation that could threaten their water access.

84 Americas State of the World’s Minorities and Indigenous Peoples 2014 Indigenous peoples and activists continued to what has been reported as a case of negligence. be threatened or murdered for defending their Both examples are part of a pattern in which rights. In July, the body of Heron Luciano Sixto indigenous women are denied the full exercise of López, an indigenous rights activist, was found their right to health or exposed to institutional after he was abducted from his office. In May, violence from public institutions. This eight members of the indigenous rights group discrimination extends into other areas as well, Unidad Popular were kidnapped: three of them such as access to justice and education. This were tortured and executed, while the rest escaped included, in November, a reported incident and went into hiding. Both crimes highlighted involving a junior high school student in Mexico the real challenges that indigenous peoples face in City who was subjected to sustained bullying advocating for their rights. and humiliation on the basis of her indigenous This vulnerability to targeted violence occurs background by her schoolmates. The victim against a backdrop of entrenched discrimination. claimed that authorities had been slow to take This is despite the fact that Mexico has a action after she lodged a complaint to the relatively well-developed anti-discrimination Public Ministry. framework. At the country level, this includes Indigenous women are especially vulnerable a Law for the Prevention and Elimination of to negative stereotypes based on their dress, Discrimination, enacted in 2003. It prohibits language or livelihoods. In November, Ali Roxox, racially offensive messages and images in mass an indigenous PhD student from Guatemala, media, and discriminatory practices in general. was kicked out of a bakery in San Cristóbal de It also mandates the creation of the National las Casas in the Mexican province of Chiapas. Council for the Prevention of Discrimination The employees assumed that she was a street as a federal agency in charge of preventing and vendor simply because of her indigenous eliminating discrimination, as well as formulating origin. Another case towards the end of the and promoting public policies for equal access year involved the local congresswoman of the to opportunities for all. At the local level, the Democratic Revolution Party complaining that majority of provinces in Mexico now have specific she had been denied access to the restrooms by laws and institutions to address discrimination. Congress staff because of her indigenous origin. Though fairly new, these are playing a major This discrimination is an important enabling role in combating discrimination and placing factor in the exposure of indigenous people, the issue on the public agenda. For example, particularly women, to violence. It also has the the Council for the Prevention and Eradication effect of reinforcing their marginalization. This of Discrimination in Mexico City has taken a was reflected in the announcement in August very active role in sensitizing citizens through by the director of the public agency in charge of media campaigns about practices and behaviours adoptions in the Mexican province of Chihuahua that can be considered discriminatory. It has that 91 per cent of people wishing to adopt also investigated complaints of discrimination were not willing to take a child with indigenous submitted by minority and indigenous groups. features – yet 95 per cent of the children available Despite the existence of these laws and for adoption had these characteristics. This institutions, indigenous peoples still face situation makes the placement and adoption of institutional discrimination in many areas of indigenous children extremely challenging. life, including access to basic services. This was reflected in an incident in October when Irma United States of America López, a Mazatec indigenous pregnant woman, A number of issues affecting minority and went to a clinic in the Mexican province of indigenous communities dominated political Oaxaca. Despite being in labour, she was denied and media discussions during 2013. Perhaps medical care and had her baby in the clinic’s foremost among these was the implementation garden. The same month, Susana Hernández, of the 2010 Affordable Care Act (ACA) – the of the indigenous Tzotzil community in the legislation dubbed ‘Obamacare’ by its opponents province of Chiapas, died after childbirth in after President Barack Obama, its sponsor – with

State of the World’s Minorities Americas 85 and Indigenous Peoples 2014 significant portions of it coming into effect in Right: Honduran immigrants in the United late 2013. Repeated efforts by its opponents in States. Piotr Malecki/Panos. the United States House of Representatives to repeal the law were a leading factor in a two-week In other areas, the criminal justice system’s shutdown of the federal government in October. disparate treatment of minorities also attracted One purpose of the ACA was to provide significant coverage in 2013. People of colour are better health care for the poor and uninsured, treated more harshly within every aspect of the helping to reduce health care disparities that criminal justice system, from police contacts to adversely affect minorities. According to a 2013 sentencing. ‘Zero-tolerance’ policies in schools report by the Centers for Disease Control, often result in a large number of minority and ethnic minorities in the United States suffer disabled students being channelled into the disproportionately from a number of health- juvenile justice system, while drug sentencing related problems, including infant mortality and guidelines can lead to harsher punishments for premature death. Because the ACA began to minority offenders. In 2010, Congress passed take effect only at the end of the year, it is too the Fair Sentencing Act to reduce the large early to assess the law’s impact on minority and (100:1) disparity in sentencing requirements indigenous health in the country. for powder versus crack cocaine: this had had Another issue that received considerable an adverse impact on people of colour, who attention during the year – if little resulting were disproportionately likely to be accused of political action – was immigration. According to possessing or selling crack cocaine. In 2013, a a 2013 survey by the Public Religion Research federal appeals court held that sentencing under Institute, a majority of people in the United the old guidelines was unconstitutional under the States – both Democrats and Republicans – Equal Protection Clause and also ordered that the favour improving the path to citizenship for new rules be applied retroactively. Furthermore, immigrants currently in the country. Efforts at Obama commuted the sentences of eight federal new legislation have received some bipartisan prisoners in 2013 who had already served very support in Congress. At least one expert has long terms for possessing crack cocaine. asserted that because political and media rhetoric In particular, the existence in many states of can inspire hate crimes, the improved public ‘stand your ground’ laws, which allow people attitude towards immigrants might explain an to use deadly force in self-defence even if they apparent decline in the incidence of reported could have safely retreated from the situation, hate crimes against Latinos. By the end of 2013, have also been criticized for their potential bias however, despite public support and President against ethnic minorities. During the summer Obama’s strong urging, Congress had not yet of 2013 George Zimmerman, a Floridian of undertaken meaningful efforts at reform and mixed ethnicity, was tried for the killing the immigration continued to be a source of division. previous year of an unarmed African American This was reflected in a surge in immigration teenager, Trayvon Martin. Many critics claimed legislation during the year, with 43 states that Zimmerman’s actions were motivated by passing laws on various related issues such as a racist assumption that Martin was dangerous identification checks and access to benefits for merely because of his ethnicity. In July, although undocumented residents. While some took in the end his defence did not rely on the positive steps to improve protections, however, ‘stand your ground’ doctrine, Zimmerman was others imposed tighter restrictions. Nearly 2 found not guilty of second-degree murder and million people had thus far been deported since manslaughter. Although the federal government Obama took power in 2008 – the highest under considered hate crime charges against any administration. Many of those accused of Zimmerman, by the end of 2013 such charges being in the United States illegally are held in seemed unlikely. However, the case played a detention centres run by for-profit companies, major part in the United States Commission on and federal law mandates that the beds in these Civil Rights voting in June to launch an inquiry facilities be kept full. into the possible bias of these laws.

86 Americas State of the World’s Minorities and Indigenous Peoples 2014 Finally, the proposed Keystone XL oil in the United States in recent years, documented pipeline to carry oil across Canada and the by the Southern Poverty Law Center, may be United States triggered a range of objections partly driven by broader social and political on environmental and safety grounds in 2013. forces in the country, including the poor In January, the members of 25 US Native economy. Another likely factor, however, was the American tribes and Canadian First Nations re-election of the country’s first African American signed a treaty of mutual support in opposition president in 2012, combined with the shrinking to the pipeline. Of particular concern is the fact share of the white population. According to a that the pipeline would pass near or through 2013 census report, ethnic minorities currently the lands of numerous indigenous communities make up about half of the children under five in both countries. years old in the United States. Non-Latino whites Minority groups in the United States, such are expected to become a minority by 2043. as Jews, African Americans and immigrants, are These shifts – the result of immigration as well also regularly vilified by extremist organizations. as differential birth rates – have created anxieties The apparent rise in the number of hate groups among some sections of the white population of

State of the World’s Minorities Americas 87 and Indigenous Peoples 2014 a loss of power in the future. reluctance by undocumented residents to contact But while hate group membership appears police; embarrassment over victimization; fear of to have increased in recent years, relatively few retaliation; and a lack of knowledge about the law. hate crime offenders belong to extremist groups: Even when victims report a hate crime, law in fact, most offenders are little different from enforcement might not record it as such due other people in terms of background and beliefs. to bias, inadequate training, lack of interest, The extent to which the rise in the number of the absence of a specialized bias crime unit, a hate groups is mirrored by an increase in hate desire to avoid additional investigation or the activity is unclear. A report issued by the Federal belief that a conviction is unlikely – which is Bureau of Investigation in 2013 even suggested in fact the case. According to a 2013 report by that hate crimes in the United States had actually the California Attorney General, for example, decreased nearly 29 per cent between 2000 930 hate crimes were recorded by police the and 2012. previous year. Of these, only 158 were eventually However, police data is problematic in a prosecuted as hate crimes and just 49 hate crime number of respects. For many years, researchers convictions had been obtained at the time of have been claiming that law enforcement data the report’s publication. Among other things, represents only a small portion of the hate crimes these data suggest that while many states, such as committed in the United States, largely because California, have now had hate crime legislation few incidents are reported to the police – though on the books for over 30 years, there has been the true extent is unknown and estimates have little or no improvement in conviction rates. varied. In 2013, however, the Bureau of Justice Most likely this stems from the often impossible Statistics (BJS) released a report analysing hate task of proving an offender’s motive beyond a crime data obtained from the National Crime reasonable doubt. However, lack of convictions Victimization Survey. According to this survey, may also contribute to the reluctance of victims which relies on direct questioning of people in to report these crimes. the United States rather than on police reports, Hate crimes can usually – although not always between 2007 and 2011 an average of nearly – be prosecuted under state law, though laws 260,000 hate crime victimizations occurred every vary a great deal from state to state and local year in the United States. More than 50 per enforcement patterns likely differ even more. cent of incidents were motivated by race, 30 per In 2009, after years of congressional debate, cent by ethnicity and a little over 20 per cent by the Shepard–Byrd Hate Crime Prevention Act religion. A little less than 20 per cent included became law. This law makes a bias-motivated gender as a motive. (As offences may have more offence a federal crime. By October 2013, a than one motive, the total exceeds 100 per cent). total of 44 people had been convicted under By contrast, the FBI reported fewer than 10,000 this law. It remains unclear how frequently the hate crimes in each of those years. This suggests, Department of Justice will seek to use the federal of course, that fewer than one in 25 hate crimes law, and whether it intends to focus on particular are recorded by police in the United States. offences, victims or locations. The federal There are a number of reasons why this government has also taken action in certain disparity between actual and reported incidents cases where local authorities have appeared to be might exist. According to the BJS survey, the negligent in their responsibilities to hate crime most common explanation given by victims for victims. In one instance, in Suffolk County, failing to report the crime was that they felt the New York, hate crimes against immigrants were police would not or could not provide support. common and in 2008 an Ecuadorian man was This is a troubling finding, but it is unclear if murdered by a group of high school students. it is a reflection of poor relationships between A federal investigation of the police department law enforcement and minority communities or ensued, culminating in a conclusion that local represents a more general lack of confidence in police had not adequately responded to hate the police. Other reasons for failure to report, crimes. In late 2013, a settlement was reached, documented by researchers elsewhere, include giving the United States Department of Justice

88 Americas State of the World’s Minorities and Indigenous Peoples 2014 oversight over the local police. Amendment to the Constitution of the United Federal hate crime prosecutions and States … appropriate and necessary to address’ convictions in 2013 represented a variety of these issues, some activists attacked the legislation types of offences. For example, in Tennessee, for its perceived encroachment on free speech. two white men were convicted in December Nevertheless, hate speech directed at ethnic of burning a cross on the lawn of an interracial and religious minorities and indigenous family. In Washington, a man received a communities, as well as other marginalized 40-month sentence for severely beating a Sikh groups, remains a visible part of the online cab driver whom he mistakenly thought was landscape. According to a report released in Muslim. And in Texas, federal hate crime 2013 by the Simon Wiesenthal Center, for charges were filed against a white man who example, many thousands of posts were made punched a 79-year-old black man and filmed by people using bias-laden account names footage of the incident, apparently as part of the or hashtags. A map produced by students of so-called ‘knockout’ game. Humboldt State University, using data on racist Hate crimes against minorities in educational and other bias-motivated tweets, also illustrated settings also gained attention during 2013. the geographical sources of biased tweets in In November, four students at San Jose State the United States. The map suggests not only University in California were suspended from that hate is widespread, but also that certain school and charged with hate crimes against their geographic areas are more likely to express African American room-mate. The four had hatred against particular groups. evidently engaged in systematic racist bullying, While the First Amendment to the United including name-calling, hanging Confederate States Constitution prohibits most government and Nazi images on the walls, and clamping a interference with internet speech, private bicycle lock around the victim’s neck. As a result companies are free to regulate the content of this incident, the California Assembly created that is posted on their platforms. Doing so is a committee on campus climate, charged with problematic for the companies, however, in investigating and improving diversity conditions at part because of the volume of material that gets the state’s public institutions of higher education. posted, and in part because regulation leaves Bias-motivated incidents, such as racist remarks or them open to complaints of censorship. Some graffiti, were also reported on a number of college companies, such as Twitter and Tumblr, resist campuses in other states during the year. hate speech regulations because they are hesitant The protection of freedom of speech in the to block the free flow of ideas. Facebook and First Amendment of the US Constitution means YouTube already have policies restricting hate that restrictions on expression, including hate speech, but it is unclear how well those policies speech, continue to be resisted. Legal actions are applied. Furthermore, these policies are in against hate speech have typically focused on need of frequent adjustments. incidents where the verbal abuse is deemed as However, social media users have also a prelude or incitement to imminent physical developed positive non-legal responses to counter violence. This makes legal action especially online hate speech. For instance, one Twitter difficult in the context of social media, where user, YesYoureRacist, retweets racist messages, platforms such as Facebook, YouTube and especially those that contain the phrase ‘I’m not Twitter are regularly used to post and disseminate a racist but …’ Anti-bias organizations such as hateful and denigrating content. When in April the Anti-Defamation League and the Simon 2014 Senator Edward Markey introduced the Wiesenthal Center maintain very active social Hate Crime Reporting Act of 2014 to require the media presences and have tens of thousands of National Telecommunications and Information followers. The Southern Poverty Law Center, Administration ‘to update a report on the role for example, had almost 150,000 ‘likes’ in May of telecommunications, including the Internet, 2014 on Facebook, and publishes a Teaching in the commission of hate crimes’ and ‘include Tolerance blog (www.tolerance.org) with any recommendations, consistent with the First materials and activities for educators.

State of the World’s Minorities Americas 89 and Indigenous Peoples 2014 Case study by Phyllis Gerstenfeld Drawing the line between hate speech and freedom of expression in Canada

Like the United States, Canada is a diverse, multi-ethnic society with a history of violence against and oppression of indigenous people, but its hate crime laws are still relatively new and evolving. One important difference between the United States and Canada, however, is that Canadian law has stronger measures against hate speech – that is, about offensive words or images that would not otherwise constitute a criminal offence. In the United States, the Supreme Court has adopted a restrictive approach to fundamental rights limitations, so unless the speech incites violence and is likely to give rise to imminent speech codes still appear somewhat unclear. violence, it is unlikely that a case will be Furthermore, Canadian hate speech brought. In Canada, by contrast, hate speech restrictions have been contentious. The debate may be penalized under other circumstances – centres primarily on the same issue that has though whether particular instances of speech received considerable attention in the United meet the legal criteria for a criminal offence is States and elsewhere: how to protect freedom not always certain. of speech while discouraging the potentially In April 2013, for example, police refused negative effects of biased speech. This was to file hate crime charges against the Muslim particularly evident in the case of Section Council of Calgary after it allegedly posted 13 of Canada’s Human Rights Act, which articles on its website accusing Jews of includes a provision against the posting on the immorality and of plotting to destroy religion, internet of ‘any matter that is likely to expose provoking complaints from a local Jewish a person or persons to hatred or contempt’. organization. Calgary police concluded that In June 2013, a bill repealing Section 13 the articles – which were later removed from was passed in the Senate, meaning that from the website – were not hate crimes. As the case June 2014 it will be officially annulled. demonstrates, punishing hate speech raises However, in January 2014 a Federal Court complex definitional and policy problems. of Appeal ruling found that Section 13 was The application and limits of Canadian hate not unconstitutional and did not violate free

90 Americas State of the World’s Minorities and Indigenous Peoples 2014 Central America Janet Oropeza Eng and Cecilia Toledo

Indigenous groups and ethnic minorities in Central America still experience significant social and economic inequalities in health, education and political participation as a result of deep- seated structural discrimination. Violence has often played a major role in creating and maintaining these problems, particularly for indigenous women. This includes attacks and intimidation targeting those seeking change. In countries across the region, human rights defenders defending the land rights of minorities and indigenous groups have been killed, injured or threatened as a result of their actions. Collective and individual rights for indigenous and minority groups are still a long way from fulfilment in Central America. This plays an important role in reinforcing vulnerabilities, including the high risk of violence towards indigenous women. In particular, land entitlement and effective access to natural speech – a judgment that could see the law resources are ongoing issues of concern for reinstated in future by another government. indigenous peoples. Private companies operating Aside from the debate on Section 13, development projects, mostly large-scale mining the Canadian Supreme Court upheld the and hydroelectric schemes, are in fact benefiting principles of hate speech restrictions in from legal conditions that ensure that lands are another case from 2013 – in this instance, secured through expropriation in the name of the application of the provincial hate the ‘national interest’, rather than consultation. speech code against an anti-gay activist Some countries in the region have established or in Saskatchewan. In doing so, the Court are considering moratoriums on mining licences concluded that hate speech restrictions to allow mining companies, government officials address an important problem and are and indigenous organizations the chance to find proportionate to the harmful effects of hate a way forward – though so far success in this area speech. The Court also pointed out that has been limited. Conflicting interests between hate speech tends to silence the target group different parties have increased the risk of social and therefore hate speech itself diminishes conflict, threatening governance and realization freedom of expression. ■ of indigenous and minority rights. The UN Convention on the Elimination of Above: A man from the Dene First Nation All Forms of Racial Discrimination and the in Canada. Ami Vitale/Panos. American Convention on Human Rights are two treaties relevant to combating discrimination in

State of the World’s Minorities Americas 91 and Indigenous Peoples 2014 Case study by Livia Saccardi Using street theatre to tackle discrimination in the Dominican Republic

‘They do not accept us. In Haiti we are not Haitians. In the Dominican Republic we are not Dominicans. So where are we from?’

‘She told me that my parents were foreigners, and she did not want to give me my papers. After one week I went back there and I told her that my parents are not foreigners and that if she is a and justice. MUDHA, having recruited a Dominican, then so are my parents.’ theatre troupe with a mix of Dominico- Haitian and Dominican actors, then developed This is what two young women in the the focus of the play through research. This Dominican Republic, both members of involved spending time with the minority the country’s Haitian minority, said when community – talking with different community interviewed for the documentary film Say members, cleaning a local children’s playing My Name. Dominico-Haitians represent area, organizing baseball games – to identify a substantial minority of up to a million the main challenges for the Dominico-Haitian people and form a distinct ethnic group. But population. Through this approach, it became although many Dominicans have Haitian clear that the main obstacle confronting ancestors and connections, anti-Haitian them was the absence of official recognition, xenophobia is rife – and the state, despite citizenship and identity documentation. their considerable contributions to the Their situation was then dramatized in their country, still considers them ‘in transit’. Yet play to allow the actors to express these issues only a few government officials acknowledge vividly to a wider audience. ‘The programme the existence of this prejudice: in general, defied racism. It allowed Haitian people to authorities claim there is no discrimination. say in public “I am here. I am like this…”’, In this challenging context, beginning said one community member working with in 2010, MRG partnered with a local MUDHA. Through engaging storylines, organization, Movimiento De Mujeres mixing humour and tragedy, the performance Dominico Haitiana (MUDHA), to challenge communicated the discrimination that young commonly held racist attitudes and stereotypes minority members had experienced to a wider through drama and theatre. This provided audience. Though the group faced some an opportunity to engage ordinary members challenges, especially in engaging the majority of the majority community in debates about population, the final results greatly exceeded diversity, difference, discrimination, equality the original targets. Street theatre enabled

92 Americas State of the World’s Minorities and Indigenous Peoples 2014 the region. The latter expresses in Article 13 that:

‘any propaganda for war and any advocacy of national, racial, or religious hatred that constitutes incitements to lawless violence or to any other similar action against any person or group of persons on any grounds including those of race, colour, religion, language, or national origin shall be considered offenses punishable by law’.

Catalina Botero, the Special Rapporteur for freedom of expression of the Inter-American Commission on Human Rights (IACHR), has stated that ‘any harmful expression promoting racial hatred, discrimination, violence and intolerance that often precede crimes against humanity should be considered as hate speech and therefore ruled by law’. Most Central American countries have formally acknowledged in their constitutions the prohibition against discrimination on the grounds of nationality, ethnicity, religion, gender, sexual preference, MUDHA to reach out to new audiences and disability and language. Guatemala, El Salvador draw them in emotionally with the story. Rosa and Nicaragua, for example, have amended Lidia Yan, one of the actors, says: their criminal codes to include hate speech as a crime based on ethnicity that may lead to ‘We are trying to raise awareness in our genocide. Honduras is the first country in the own community and the general public. In region to penalize hate crimes on the ground our play we are expressing our difficulties in of gender, sexual orientation and ethnicity, and getting identity papers and difficulties with make advances towards classifying hate crime discrimination.… The theatre is a help, it gives as an independent crime. Costa Rica has also support to people supporting those that have adopted secondary laws aimed at preventing problems with their documentation not to give discrimination on different grounds, including up their fight, to continue defending their rights. regulations on coverage in the mass media of Because if we do not defend our rights, nobody specific ethnic groups. else will do it!’ Guatemala This was echoed by Sirana Dolis, acting head With more than 14 million people, Guatemala of MUDHA, who said: is one of the most populous countries in Central America. It is also a multicultural society with ‘We know that the fight will be long and maybe a large number of indigenous groups and I will not see it [the end] but my grandchildren Afro-descendant communities. Despite a slow and great-grandchildren here in the Dominican economic recovery, unequal distribution has Republic, they can say their grandmother fought meant that Guatemala remains one of the for this.’ ■ poorest countries in the region. This impacts disproportionately on the country’s indigenous Above: Participants in MRG’s Street Theatre population, particularly women, who suffer programme put on a performance in the markedly lower developmental outcomes in Dominican Republic. MUDHA/MRG. health care, nutrition and education. While literacy rates for non-indigenous young males

State of the World’s Minorities Americas 93 and Indigenous Peoples 2014 in urban areas are 97 per cent, for example, for freedom of opinion and expression, Frank La young indigenous women in rural areas the rates Rue, with computers and other documentation fall to just 68 per cent. stolen by the unknown perpetrators. La Rue is Guatemala continues to struggle with the a Guatemalan labour and human rights lawyer. legacy of its recent history of political violence, The incident highlighted the ongoing challenges particularly towards indigenous peoples, with facing human rights groups in the country. A limited justice for the many victims of human further high-profile case involved Irma Alicia rights abuses during the decades-long civil war. Velásquez Nimatuj, an indigenous K’iche’ activist Indigenous women were especially vulnerable who has extensively researched the impact of to rape and torture, comprising 88 per cent of violence and discrimination during the civil war. all those targeted with gender-based violence During the year, following the publication of a during the conflict, and continue to experience critical article, she was publicly denounced by high rates of violence and discrimination. the head of the Foundation against Terrorism, During the year, some steps have been taken Ricardo Méndez. by the government to address impunity and Indigenous peoples are still demanding the limited access to justice by indigenous women state’s formal recognition of their right to their and girls, including the creation of specialized ancestral lands and natural resources, including tribunals against femicide in the departments of their right to determine their own forms of Chiquimula, Quetzaltenango, Huehuetenango development and their right to free, prior and and Alta Verapaz. informed consent. Land rights continue to be The year 2013 began with the announcement a source of violence and social tensions, with in January that cases would be opened against the UN reporting 1,336 cases of ongoing land former President José Efraín Ríos Montt, disputes in 2013. Extractive industries in the together with retired General José Mauricio country have had a particularly damaging Rodríguez Sánchez, for genocide and crimes effect on communities. Following the end of against humanity, targeting indigenous peoples, an extended moratorium on mining licences during Ríos Montt’s tenure between March in the country, hundreds of exploration and 1982 and August 1983. The trials started in exploitation licences for metals mining have March and the testimonies of 90 Maya Ixil been issued, with reports of misleading or survivors helped to demonstrate that armed inadequate consultation with communities. forces implemented a strategy of eradication During the year, indigenous activists protesting of Maya Ixil people, who were considered by mining and hydroelectric projects in their areas the government to be linked to the guerrillas. continued to be harassed and intimidated for Techniques aiming to destroy the ‘internal their activities. enemy’, such as militarization, massacres and Media coverage in Guatemala has been accused scorched earth policies, resulted in the killing of of actively encouraging violence. In October 1,771 Maya Ixil people, the forced displacement 2013, NGO representatives presented details on of 29,000 people from their ancestral lands and the current human rights situation at a hearing of sexual violence perpetrated against women and the IACHR. Among other issues, the petitioners girls. On 10 May, Ríos Montt was convicted accused the media of actively conducting a hate on these charges – the first time a former head campaign against rights defenders, using offensive of state has been successfully prosecuted in a names like ‘lowlifes’, ‘terrorists’ and ‘parasites’, domestic court for genocide. Ten days later, which they felt reached the level of incitement however, this decision was annulled by the to violence against them – reinforced by remarks Constitutional Court. It was subsequently from government officials appearing to condone announced that the retrial would not begin these attacks. As a result, according to the until January 2015, leaving victims without petitioners, over 600 attacks had occurred against access to justice. defenders between January and October 2013, an In July, a break-in occurred at the office of increase of 40 per cent compared to 2012. the UN Special Rapporteur on the right to

94 Americas State of the World’s Minorities and Indigenous Peoples 2014 Honduras project, was charged with the illegal possession Elections in Honduras on 24 November brought of a weapon and for participating in protests. Juan Orlando Hernández to power as the These charges were denounced as motivated by a country’s President. Despite limited political desire on the part of state authorities to stop her support – Hernández secured less than 37 per activism. By the end of the year, her trial had not cent of the votes – the new administration’s been held. emphasis on increased militarization has The Garifuna community are particularly troubling implications for human rights exposed to discrimination and human rights protections. However, even before Hernández’s violations. Against a backdrop of entrenched election, a law was adopted in August allowing discrimination, violence against Garifuna for the creation of a military police force to members also persisted. For example, in July perform public order tasks, such as conducting 2013, two Garifuna members were killed arrests, controlling violence or handling conflicts. with extreme brutality. In November 2013, Security is a serious issue in Honduras, where Amnesty International sent a public letter to homicide rates are the highest in the world. all presidential candidates highlighting the Discrimination and marginalization are also various structural challenges that Garifuna ongoing challenges, particularly for the country’s members face. These include inadequate indigenous and Afro-descendant populations. access to public services and decision-making Both continue to suffer social exclusion, poverty processes, the absence of justice regarding and intimidation. The Garifuna community, for crimes and abuses against the Garifuna, and example, has some of the highest rates of HIV the weak enforcement of the right to free, prior in the country, placing them in a situation of and informed consent. It called for greater particular vulnerability. protections for both Garifuna and indigenous In 2013, the Congress adopted legislation communities from rights violations by state granting itself the power to remove judges and officials and non-state actors. the country’s attorney general, undermining These incidents highlight how issues such as judicial independence and weakening an already land rights and broader discrimination against compromised justice system. This could impact minority and indigenous groups in Honduras on indigenous groups and Afro-descendants contribute to violence against them. There were experiencing abuses relating to land disputes, some positive signs of progress as well during the which persisted during the year, particularly in year, however, such as the granting of ownership the Bajo Aguán region. The conflict there has deeds by the government to five Miskito its origin in a 1992 agrarian reform that allowed indigenous groups. As a result, the Miskito communal lands to be sold to individuals. Afro- indigenous community now owns approximately descendant and indigenous leaders who denounce 7 per cent of the country’s land. With this these land rights violations have been repeatedly measure, the government ended a conflict that threatened or killed by state and non-state lasted over 40 years and involved a large number representatives. of violent deaths. In July, for example, military personnel shot At the beginning of the year, the first the indigenous Lenca leader Tomás García Public Policy and National Action Plan for dead and injured his son while they were taking Human Rights was approved. It mandates each part in a non-violent demonstration against a ministry to consider the realization, promotion planned hydroelectric project in Lenca ancestral and enforcement of human rights in their lands. Other indigenous members opposing the planning and budgeting. This plan is expected project suffered threats as well. The IACHR to be continued by the government elected urged the Honduras government to prosecute in November. If properly implemented, this the perpetrators of these crimes and ensure plan could guarantee and promote the rights the security of indigenous Lenca leaders. In of indigenous peoples and Afro-descendants, September, the indigenous activist, Berta Cáceres, which to date have not been protected. In who led the opposition to a hydroelectric February, the Penal Code was also amended to

State of the World’s Minorities Americas 95 and Indigenous Peoples 2014 prohibit incitement of discrimination publicly as a November 2013 opinion piece in one of or through the media for a variety of criteria, Brazil’s most influential newspapers which including ethnicity or origin, nationality, opposed the introduction of quotas for Afro- language and religion. descendants in the federal parliament as ‘electoral apartheid’ – they could reduce the vulnerability and rights gaps that underpin acts of violence and denigrating language against the most South marginalized groups. Bolivia America Bolivia has the highest proportion of indigenous people in the Americas, amounting to 35 Antonio Cicioni and Natalia Torres per cent of the total population in the 2012 national census. In 2005 the country elected Despite significant economic growth and the first indigenous President in the region, investment in the region, indigenous peoples and Evo Morales, and since then has pursued a minorities such as Afro-descendant communities sustained policy of ‘decolonization’ to deliver continue to experience disproportionate levels systematic improvements to the situation of of poverty and marginalization. In many cases, indigenous peoples and minorities. Nevertheless, development driven by governments and Bolivia’s long history of colonial violence and multinationals in areas such as infrastructure, discrimination continues to affect these groups. energy and mining is having a direct impact on A number of progressive measures have been these groups. Across the region, groups continued taken by the government to overcome the root to be exposed to displacement and violence in causes of discrimination. Government offices relation to land and natural resource access, with have been created, including the Vice-Ministry protesters silenced, imprisoned or even killed. of Decolonization, as well as the National In some cases, such as Brazil or Peru, these Committee against Racism and All Forms of incidents have been enabled by broader public Discrimination. The National Committee had policies. In the case of Colombia, insecurity its first ordinary session in October 2013. The and militarization in indigenous areas has also departmental committees are essential for the contributed to targeted attacks on local residents. implementation of the 17 different programmes Indigenous and Afro-descendant groups in that compose the current national strategy, with South America still struggle with the legacy of several activities undertaken during 2013. These colonialism, including racist denigration. In included courses on decolonization for public Brazil, despite the country’s stated inclusiveness, servants, involving more than 600 participants historical discrimination is still strongly felt during 2013. Training sessions were also today, with stereotypes reinforcing these provided to members of the judiciary and other inequalities. In some countries, the media may authorities in response to long-standing criticisms also perpetuate the invisibility of certain groups of systematic racism within many public bodies. by, for example, presenting them humorously During the July 2013 ‘Plurinational Symposium or excluding them from soap operas, television for Decolonization and Depatriarchalization of programmes and other mainstream platforms the Justice System’, a high-ranking official said – a major element in what has been described that ‘to move from a colonial [system of] justice in Brazil as a ‘dictatorship of whiteness’. to a plural one lies in including historically Importantly, however, the region is also seeing excluded peoples, making judicial processes more a political shift in favour of anti-discrimination. efficient, and generating norms that respect Argentina and Bolivia, for example, are actively Bolivia’s diverse cultural realities’. recognizing the role of indigenous culture. The government has also been active in While these steps are being resisted in some promoting positive representations of the quarters, including sections of the media – such indigenous population and their place in the

96 Americas State of the World’s Minorities and Indigenous Peoples 2014 Above: An Afro-Bolivian woman dances These efforts have been underpinned by a during a carnival parade in Bolivia. David number of anti-discrimination laws. In 2007, Mercado/REUTERS. Bolivia became the first country to introduce the United Nations Declaration on the Rights country, particularly through education. This of Indigenous Peoples into local law. The new included, in 2013, the launching of an academic Constitution, formally approved in 2009, network of racism studies and publications on provides for the development of a comprehensive related topics, such as the liberation struggles legal framework. One of the most prominent laws of indigenous peoples during colonial rule and is the 2010 Law against Racism and All Forms of the Afro-Bolivian community. In May, 14,000 Discrimination, also known as Law 045, which students participated in a ‘Plurinational Day against criminalizes a range of racist or discriminatory Racism and All Forms of Discrimination’, while in actions, including violent incitement and the September on-the-spot assessments were conducted dissemination of racist or discriminatory material in hundreds of schools across the country to assess through media and other means. This legal the practical implementation of anti-discrimination instrument was welcomed among indigenous legislation. There were also a number of other communities and came after years of advocacy events and activities recognizing the cultural and by NGOs and the UN Committee on the historical contribution of indigenous peoples Elimination of Racial Discrimination. It has been and minorities, including the construction of publicly commended by UN representatives since monuments commemorating female and male its approval. Following its passing, Article 281 anti-colonial leaders, a campaign to revive the of the Bolivian Penal Code was also amended to traditional Andean ‘Christmas’ and a celebration include hate speech. of Afro-Bolivian music. While these activities have However, the country is still some distance been launched through the initiative of the state, from achieving its ambitious 2025 target of there has been a progressively stronger uptake from ‘zero racism and discrimination’. Between civil society and local communities. January and October 2013, the Vice-Ministry

State of the World’s Minorities Americas 97 and Indigenous Peoples 2014 of Decolonization accepted 135 complaints Brazil about racism or discrimination, though 22 Brazil’s huge population – nearly 200 million were subsequently dismissed; 15 were based – is largely made up of Afro- and Euro- on cultural identity and 14 on geographical descendants, with indigenous peoples and precedence. However, Law 045 has given greater Japanese-descendants also forming sizable visibility to these issues. While few complaints communities, though both under 1 per cent. were registered before its passing, since then According to the 2010 national census, 50.7 per numbers have grown to an average of around 12 cent of Brazilians identify themselves as preto each month and the government has started to (purely Afro-descendant) and pardo (mixed- publish monthly reports. Nevertheless, despite race). The majority of these are descended from giving greater visibility to these issues, no one the estimated 3.7 million people imported from has yet been convicted as a result of Law 045, Africa to Brazil as slaves. Though Brazil only even though hundreds of formal complaints abolished slavery in 1888, making it the last have been lodged. Officials have argued that the country in the Americas to do so, widespread problem resides not in the law itself but in deeper intermarriage between different groups and the shortcomings within the justice system. A case in lack of formal segregation in the post-abolition early 2014, when a passer-by who attacked and era has meant that it was subsequently presented racially vilified a young journalist in the city of as a ‘racial democracy’ without discrimination Santa Cruz de la Sierra was subsequently released based on ethnicity. However, beginning in the without charge, was cited in an article by the 1970s, the Movimento Negro or Black Movement Inter Press Service as an illustration of the law’s began to condemn ‘racial democracy’ as a false lack of practical implementation. concept. At the same time, notwithstanding its limited Indeed, this representation has been effect so far, Law 045 has also attracted criticism increasingly questioned by critics in recent years, for its inclusion of fines and prison sentences who have highlighted the ongoing reality of of up to five years for media and journalists discrimination and repression experienced by charged with spreading or endorsing racist and particular ethnic groups. The severe inequities discriminatory material. For instance, following faced by Afro-descendants are reflected in every their coverage of a speech by Morales in 2012, area of their lives, from health and education to three media outlets were accused of inciting employment and wealth. Average incomes for racism and discrimination in a move condemned black households are just 43 per cent those of by Article 19 as ‘an illegitimate attempt to white households, for example, while average life restrict freedom of expression’. Another journalist expectancy for Afro-Brazilians is almost seven accused by authorities of disseminating racist years less than for white people. According to material in late 2012, Marianela Montenegro, the National Network for Social Monitoring and also claimed that the government was launching a Health of the Black Population, black women politically motivated campaign against her. are even given less anaesthesia during normal Accusations of hate speech have also extended childbirth. Half of all Afro-Brazilians are also into the Bolivian political arena during the illiterate, with 40 per cent not having completed year, with the government accusing a leading elementary school. Politically, too, black people opposition figure of discriminatory language remain heavily under-represented. Out of 81 in October after he called Morales a ‘tenant senators, only one self-identifies as black; just one in the presidential palace’. The Minister of of the 38 members of President Dilma Rousseff’s Communication said that this expression ‘denotes cabinet is black. that the grandchildren of the Spanish conquerors Nevertheless, there has been some evidence of have always considered indigenous peoples as progress. The Supreme Court President is, for the tenants in their own land’. Incidents such as first time, a black person. A large proportion of these remain highly divisive, suggesting that the 30 million Brazilians who have left poverty Bolivia’s programme of ‘decolonization’ remains over the past decade are black. Most importantly, an ongoing process. more and more Afro-Brazilians are going to court

98 Americas State of the World’s Minorities and Indigenous Peoples 2014 about racism and winning settlements. There the winner, the incident was seen as another are more signs of ongoing cultural change: on example of the routine under-representation the agenda of an employees’ strike that stopped of black women. In November, Rio Fashion banks in October 2013, one of the demands of Week’s representatives, following previous trade unions was the allocation of at least 20 controversies and protests led by the NGO per cent of vacancies to black employees. These Educafro, reportedly signed an agreement to are signs of a broader re-evaluation of racism in ensure that a minimum of 10 per cent black Brazil and a growing commitment to addressing models were included in the event. Other its underlying causes. incidents during the year also highlighted the Brazil has also begun to roll out a range of continued marginalization of black women from initiatives to combat discrimination in the mainstream fashion platforms. labour market. Since 2012, for example, public Although until 1951 there was no formal universities have been obliged to set aside half recognition of discrimination in its law, Brazil of their places for public high school students, has more recently developed a legal framework largely aiming to benefit blacks. In November to tackle the issue. In 1988, a new Constitution 2013, Rousseff presented a bill for introducing finally included different clauses related to racial a 20 per cent quota for Afro-descendants in discrimination, making it a crime subject to the federal public administration. Similar penal law, while also establishing state protection measures have also been taken up by some states, for indigenous and Afro-Brazilian cultures. Law sometimes with even higher quotas. Parliament 7716 on racism was passed the following year, is currently discussing a 33 per cent quota for criminalizing a range of discriminatory practices. blacks in the lower chamber, a provision that In 1997, the law was extended by parliament to would initially last for two decades. include racist hate speech. In spite of these measures, what commentators Despite this, however, hate speech remains have described as a ‘dictatorship of whiteness’ widespread as a result of the continued persists in Brazil, evident in literature, television marginalization of the Afro-Brazilian population. programmes, magazine stands and even store Numerous reported cases during 2013 illustrated window displays. This cultural dominance is the regular occurrence of discrimination especially pervasive in mass media. Activists and or abuse in a variety of everyday contexts, researchers have repeatedly criticized the roles including stores, shopping malls, restaurants and assigned to blacks in television shows and soap supermarkets. A number of incidents of online operas, arguing that they reinforce established hate speech also gained attention during the stereotypes that marginalize or silence them. year. One of the most controversial cases was a Until 2013, when the Afro-Brazilian journalist racist advert with a photo of two black children Maria Júlia Coutinho was appointed to the role, on an online shopping website, offering ‘blacks one of the largest TV stations in Brazil, Rede for sale’ for less than a dollar. Troublingly, some Globo, had never featured a black TV personality incidents were allegedly carried out by staff presenting the weather. This widespread and and personnel in institutional locations such systematic exclusion is why the main theme of as hospitals and schools. In March, a political the 2013 National Conference for Racial Equality uproar also ensued when the federal House of in November was equality and representation in Representatives elected a right-wing member, mass media. Marco Feliciano, as President of the Human This bias is especially evident in the fashion Rights and Minorities’ Commission. He had and beauty industry. In the north-eastern state tweeted derogatory statements about Africa, of Bahia – considered the centre of Brazil’s among other denigrating remarks. According to African-oriented culture – the organizers of the Commission website, Feliciano no longer the Miss Bahia 2013 beauty contest were holds the position. criticized for fielding only two black women A number of high-profile violent incidents out of a total of 30 participants. While one of occurred during the year. These included, in the black contenders was subsequently crowned March, the beating of a young Afro-Brazilian

State of the World’s Minorities Americas 99 and Indigenous Peoples 2014 girl in Brasilia by other girls for being black. The case attracted much media coverage and Case study shortly afterwards the city government created the Disque Racismo (Dial Racism) hotline. The service received hundreds of calls within the first Countering racism fortnight of its operation. In April, a 71- year-old black man was beaten into a coma by in South American a suspected neo-Nazi group, who assaulted him while he worked as a car guard. He died of his football injuries two months later. In October, another elderly Afro-Brazilian was killed by a policeman after an argument in a bar where he allegedly It is well known how enthusiastic South objected to the other’s use of a racist description Americans are when it comes to football. of him. These cases highlight the ongoing reality However, while the region has attracted of discrimination that the non-white population positive attention for the passion and experiences, despite many positive measures in commitment it invests in the game, this recent years. image has also been tarnished by incidents of Indigenous peoples also continued to struggle racism. As in other regions, South American against entrenched discrimination during 2013. stadiums are places where hate speech and Many groups have found themselves on the xenophobia have become all too apparent. frontline of Brazil’s rapid development, including In many ways, this development is an the expansion of farmland into community unwelcome consequence of two positive territory. In May, following pressure from phenomena – the increasing importance of interest groups, the government announced regional rather than national tournaments, that it would widen decision-making over and more frequent migration of players the demarcation of ancestral lands to involve within the region. With Brazil set to host agricultural representatives – a move denounced the World Cup in June and July 2014, the by indigenous activists as undermining their land pressure to transform negative attitudes rights. Later that month, the eviction by police within the game towards minorities has of a group of indigenous Terena from a ranch in become even more acute. the western Mato Grosso do Sul state, recognized The Fédération Internationale de Football as part of their ancestral territory in a 2010 court Association (FIFA) took action to reduce ruling, ended with the death of one protester. hate speech in stadiums in 2013 with its Following their reoccupation of the land, another ‘Resolution to Fight against Racism and protester was injured by unidentified gunmen. Discrimination’, released in May. The Tensions between farmers and indigenous groups document calls for football organizations continued throughout the year. At the year’s end, around the globe to adopt a range of both sides were reportedly dissatisfied with the measures, including: the design of an action government’s attempts to broker an agreement. plan to fight racism; the appointment In addition to the ongoing destruction of tribal forests by illegal loggers, indigenous groups have also been impacted by government- permit would not be issued until the project led development programmes such as the satisfied certain environmental criteria. However, controversial Belo Monte dam. In May, following the ruling was overturned five days later. local demonstrations at the site, a number of Quilombola also struggled to secure their journalists covering the protests were reportedly land rights in the face of encroachments by a expelled from the area. However, in October a bauxite mining company. In Rio de Janeiro, regional federal court – the first of its kind in ahead of preparations for the 2014 World the country – put construction on the project Cup, demonstrators calling for the protection on hold, announcing that a new environmental of a small indigenous museum next to

100 Americas State of the World’s Minorities and Indigenous Peoples 2014 of a national Officer against Racism to racism is evident among football supporters. assist referees and public authorities; The Peruvian Football Association and the implementation of a severe and established a set of preventive measures strict framework of sanctions to prevent and sanctions in 2013. For example, at discriminatory actions. Nevertheless, FIFA the beginning of every match the audience itself attracted criticism after it announced will be informed about the preventive that a pair of white actors would be hosting measures. In case of any racist incidents, the ceremonial Final Draw of the Cup – a the referee will warn the public. If the move that was seen by some as a snub to the incidents continue, matches will be stopped. two black actors originally suggested by a Nevertheless, problems have persisted, Brazilian TV network. as demonstrated in early 2014 when an Nevertheless, Brazil and FIFA have agreed Afro-Brazilian player for Belo Horizonte’s that the 19th World Cup will be ‘the Cup Cruzeiro was insulted by Cusco’s Real against Racism’. The tournament is an Garcilaso supporters: every time he unmatched opportunity in terms of global touched the ball, monkey-like shouts reach, and President Dilma Rousseff of would come from the benches. The South Brazil has made it clear that it is her goal American Football Association opened an to use it to spread a message of fraternity, investigation and announced sanctions for promoting peace and countering racism. The the Peruvian team. Brazilian Football Association determined, Uruguay has also developed a set of among other measures, that during the 2014 responses to address hate speech relating Championship all referees would wear a to football. After supporters of Danubio, badge on their shirts with the message ‘We from Montevideo, shouted out racist songs are all equals’. against an Afro-Colombian player of rival Some initiatives have emerged from local River Plate, the former received a fine – clubs. Brazil’s Gremio, for example, has the first sanction against a club for racism launched large campaigns based on FIFA’s in the history of Uruguayan football. In plan. In Gremio’s case, a key element was the another case relating to Uruguay, it was a participation of Zé Roberto – a hero of the referee who insulted an Afro-descendant club and the national team – telling audiences player who refused to leave the field about his own story of discrimination because after having been sent off. The match of his skin colour. However, as an incident was suspended, and the referee is being in March 2014 illustrated, the process of prosecuted. Cases like these demonstrate transformation among fans is still a slow how entrenched racism is among certain one. The club was fined US$35,000 after sections of the football world – but also a supporters subjected a defender playing for growing commitment among players, fans Internacional to racist abuse. and officials to root these attitudes out Brazil is hardly the only country where from the game. ■

Maracanã football stadium were forcibly expelled Colombia by police. Land and resource conflicts have Colombia’s long history of internal conflict often pitted indigenous peoples against farmers, between the government and the Revolutionary developers, illegal loggers and other groups. Armed Forces of Colombia (FARC) continued In June, the Indigenous Missionary Council in 2013, impacting disproportionately on announced that rising numbers of indigenous minorities. A 2013 study by the organization people had been killed since 2002, with 452 Consultoría para los Derechos Humanos y el deaths between 2002 and 2010, compared to 167 Desplazamiento (CODHES) reported that there between 1995 and 2002. were approximately 52,000 Afro-Colombians

State of the World’s Minorities Americas 101 and Indigenous Peoples 2014 displaced during the previous year, amounting abuses and violence as a result of increasing to more than 20 per cent of the total number of militarization in their area. In October, Amnesty displaced in the country in 2012. International reported that large numbers of Afro-Colombians have experienced long- indigenous protesters had been injured by standing poverty and marginalization in the security forces during demonstrations and that country. Average incomes are just a third of there had also been threats of ‘social cleansing’ those earned by white Colombians, for example, from paramilitary forces. while as many as 60 per cent of Afro-Colombians In 2013, Colombia’s Constitutional Court set do not have access to basic health care. This an important precedent, which has had regional makes them especially vulnerable in a context of repercussions (for example, it has already been protracted insecurity. referred to Peru’s Ombudsman). It gave an Activists who have advocated for basic rights emphatic warning to a university in Bogotá or political participation for their communities because one of its professors had used racist have regularly been targeted. Demetrio López language towards an Afro-descendant student. Cardenas, an Afro-Colombian political leader The student had submitted a complaint, arguing in La Caucana, who had received death threats that his right to equality, dignity and education when he ran for a position on the community had been violated repeatedly. The professor used council, was assassinated in February 2013. He expressions of common parlance that equate had reported his case to the Attorney’s Office in Afro-descendants with slaves, sometimes even as August 2012, and the prosecutor immediately he watched the student with mocking laughter asked for a risk assessment and for protective (the young man was the only Afro-descendant measures to be put in place. However, no steps in his class). The Court determined that no had been taken to implement this request by the such expression could be used in Colombian time he was shot. Like López, many other Afro- classrooms, and ordered the university to avoid Colombian activists have been assassinated for the repetition of these actions and to organize an their involvement in rights issues. event to celebrate Afro-Colombian culture and its The country’s indigenous population, contribution to the country. The Court asserted comprising 3.4 per cent of the national that educators using such language are ‘acting population, were also excluded from basic cruelly’, and that they are also violating the rights and access to ancestral lands during the constitutional rights to education and to equality. year. Like many Afro-Colombian communities, Furthermore the Court considered that such indigenous groups have frequently been targeted expressions reinforce racist stereotypes, whereas due to their location in areas with valuable education should be central to preventing and natural resources. In March, the Colombia combating racism and xenophobia. National Indigenous Organization (ONIC) and Colombia’s national Law 1482, better known the Andean Coordinating Body of Indigenous as the Anti-Discrimination Law, specifically Organizations presented a report to the Inter- criminalizes acts of discrimination based American Human Rights Commission (IACHR) on characteristics including ethnicity and highlighting the vulnerability and marginalization xenophobia. It also establishes the legal basis on of indigenous peoples in the country, with 65 out which hate speech and hate crime are combated, of 102 communities at risk of cultural or physical protecting the rights of those subjected to extinction. Many smaller groups have also racist or ethnic discrimination. Enacted in been displaced as a result of the conflict. These 2011, it has met with strong resistance from included, in March, the reported displacement conservative groups and two lawsuits claiming of 227 people among the Awá community it violates constitutional rights. In 2013, the in southern Colombia as a result of military Constitutional Court struck down one of these operations. Two Awá community leaders were lawsuits, which disputed the constitutionality of also assassinated during the same period. Other the Anti-Discrimination Law on the grounds that indigenous groups, such as the Nasa Sath Tama indigenous and Afro-descendant groups had not Kiwe de Caldono community, reported rights been consulted sufficiently. The Court ruled that,

102 Americas State of the World’s Minorities and Indigenous Peoples 2014 in this case, prior consultation with marginalized on similar grounds. In May, Colombia also communities was not required because the law is recognized ‘the national and cultural interest’ intended to protect society as a whole. The other of indigenous sacred land – an important lawsuit attacked the regulation from a different step in protecting customary territories from angle, pointing out that it is unconstitutional to development such as mining. These measures, if incarcerate people for expressing their ideological, extended and successfully enforced, could play religious or moral opinions. This motion against an important role in preventing future violence the Anti-Discrimination Law was supported by against minorities and indigenous groups. Colombia’s Inspector General, who requested the Court to repeal the law because of its violation Peru of the rights to free expression and religious Around 80 per cent of Peru’s 30 million freedom. In this second case, the Court declined inhabitants identify themselves as either to issue a definitive ruling. Amerindian or mestizo (mixed). The relative A number of cases involving Law 1482 centrality of mestizo and Andean indigenous occurred during 2013 in Cartagena – one of culture has resulted in a number of significant the few large cities with an Afro-descendant social movements and even political ideologies. majority in Colombia – in the courts. This Although the white minority still holds a included, in August, an official from the city’s disproportionate share of political and economic government being charged following accusations power, Peru’s Amerindian community has of hate speech for posting denigrating comments been able to benefit from the country’s recent on his Twitter account. The case has received extraordinary economic growth. considerable media coverage and is being led in The Afro-Peruvian minority is less fortunate. the courts by black community leaders. Other A 2013 study conducted by the United Nations court cases involved incidents earlier in the year Development Programme concluded that Afro- concerning verbal abuse and physical aggression Peruvians have experienced economic stagnation, against a black community activist at the airport, with no important reduction of poverty standards and a researcher belonging to the national during the recent years of fast growth. The university in a supermarket. However, at least challenges facing Afro-descendants in Peru are one commentator has argued that a major reason heightened by their invisibility. For example, these cases reached this level was because of the the name of the government office created in public profile of the victims or the attacker, 2001 to safeguard the interests of minority and meaning that they represented only a small indigenous groups, the National Commission portion of actual incidents. for Andean and Amazonian Communities, does In the context of Colombia’s current insecurity not mention the Afro-descendant community and weak rule of law, systematic political and despite this group being included in its remit. social reform is needed to provide the country’s While the Constitution also contains a number minorities and indigenous communities with of provisions for Amerindian communities, protection from violence and rights abuses. endowing them with legal status and rights to This means addressing the root causes of the identity, autonomous administration of their land displacement and assassinations that Afro- and communal work, no article of the Basic Law Colombians and indigenous peoples continue refers to Afro-Peruvians. There are in fact few to experience. Despite the ongoing challenges, specific references to Afro-Peruvians in the whole there were some signs of progress during the of Peru’s legislation. year in strengthening the rights of these groups. Many isolated indigenous groups also face In February, for example, a judge suspended ongoing insecurity and rights abuses relating mining operations in approximately 50,000 to resource extraction on their ancestral lands. acres of indigenous lands due to the company’s The government has announced plans to insufficient consultation with local communities. strengthen the protection of special reserves from The same month, a controversial eco-tourism encroachment, but photographs in an internal project was put on hold following a court ruling report reportedly documented extensive illegal

State of the World’s Minorities Americas 103 and Indigenous Peoples 2014 clearings linked to gas concessions. In March, the in the results of the First National Survey on UN’s Committee on the Elimination of Racial Human Rights, released by the Ministry of Discrimination called for an immediate halt to Justice in December 2013. The survey found that the expansion of the Camisea gas project into while on average 40 per cent of the people polled Nahua-Nanti territory. Survival International also reported that their right not to be discriminated reported that seismic testing had been conducted against was not usually respected, in the case of by a Colombian-Canadian company in the indigenous communities this perception rose north of the country in an area that is home to 57 per cent, while for the Afro-Peruvian to uncontacted indigenous people. The 2011 population it reached as much as 64 per cent. ‘prior consultation law’, requiring government There are a number of legal measures in place consultations with indigenous peoples before in Peru focusing specifically on discrimination beginning development or extraction projects in areas such as employment and education. in their area, was also rolled back to exempt In 2013, Peru also passed Law 30096 on Quechua-speaking communities from its Informatics Crimes, which in its Article 323 protections. A lawsuit was filed by a Peruvian punishes anyone who, by themselves or through rights organization in August against the Energy third parties, ‘discriminates against one or Minister and the company responsible for the more persons or group of persons or incites or Camisea project to halt work on the concession. promotes publicly discriminatory acts’ motivated Minority and indigenous groups continue to by racism, religion and other characteristics, via experience discrimination. This was reflected the internet. In addition, some measures are

104 Americas State of the World’s Minorities and Indigenous Peoples 2014 Left: An indigenous Andean dancer performs influence the formulation and design of public during Day of the Dead celebrations in Peru. policies in the immediate future. The Ministry Enrique Castro-Mendivil/REUTERS. of Culture has implemented other initiatives, such as the translation of the Law on Water being consolidated at the local level: between Resources into five indigenous languages and 2011 and 2013, more than ten municipalities the release of a handbook for police stations in enacted regulations to counteract discriminatory Quechua, the most widely spoken of indigenous offences. Given how recently they have come into languages. In December 2013, the Ministry of force, there is little information available on Justice and Human Rights also launched the their implementation. National Commission against Discrimination, According to the last Ombudsman Office’s in collaboration with other ministries. The Report on the Fight against Discrimination, 52 Commission monitors developments and advises complaints about discrimination were submitted the national executive branch on public policies in Peru in 2012, with a further 17 incidents on equality and non-discrimination. Initiatives recorded between January and March 2013. such as these aim to address the different One example was a case that took place in 2012 structural causes of discrimination in Peru. ■ involving an Afro-Peruvian student at a tertiary school in Callao city, who was subjected to constant verbal abuse by one of his teachers, with other students subsequently joining in. Discriminatory language also continued to feature in the media. Lundu, a renowned NGO that advocates for Afro-Peruvian rights, launched in 2013 its Observatory against Racism, an initiative to monitor discriminatory attitudes and hate speech in national media. For the first trimester alone, the Observatory found 400 violating news pieces, 80 per cent of them related to sports newscasts. Lundu was also involved in a legal case against a television station over a programme that mocked the Afro-Peruvian community. After three years of litigation, it won the case – the first time the Peruvian government has penalized a media outlet for racism. During 2013, the national Ombudsman’s Office also played an active role in the fight against discrimination and racism. Besides processing and resolving complaints, although it has no sanctioning power, it launched a number of initiatives. One example is the Race against Discrimination, with more than 6,000 participants. The Ministry of Culture also launched an online platform, Warning against Racism, aiming to provide information and to promote interaction on issues related to ethnic and racial discrimination. The website provides tools to empower citizens and generates updated statistics on acts of ethnic and racial discrimination that occur in Peru. The resulting information is intended to

State of the World’s Minorities Americas 105 and Indigenous Peoples 2014 Minority Rights Group International

Minority Rights Group International (MRG) World Directory of Minorities and is a non-governmental organization (NGO) Indigenous Peoples working to secure the rights of ethnic, religious The internet’s leading information resource on and linguistic minorities and indigenous peoples minorities around the globe: worldwide, and to promote cooperation and www.minorityrights.org/Directory understanding between communities. Our activities are focused on international advocacy, training, publishing and outreach. We are guided by the needs expressed by our worldwide partner network of organizations which represent minority and indigenous peoples. MRG works with over 150 organizations in nearly 50 countries. Our governing Council, which meets twice a year, has members from nine different countries. MRG has consultative status with the United Nations Economic and Social Council (ECOSOC), observer status with the African Commission on Human and People’s Rights, and is registered with the Organization of American States. MRG is registered as a charity and a company limited by guarantee under English law. Registered charity no. 282305, limited company no. 1544957.

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240 Reference State of the World’s Minorities and Indigenous Peoples 2014 State of the World’s Minorities and Indigenous Peoples 2014 Events of 2013

Across the world, minorities and indigenous peoples are disproportionately exposed to hatred. From intimidation and verbal abuse to targeted violence and mass killing, this hatred often reflects and reinforces existing patterns of exclusion. The impacts also extend beyond the immediate effects on individual victims to affect entire communities – in the process further marginalizing them from basic services, participation and other rights. This year’s edition of State of the World’s Minorities and Indigenous Peoples highlights how hate speech and hate crime, though frequently unreported or unacknowledged, continue to impact on every aspect of their lives. The volume also documents many of the initiatives being taken to promote positive change and the different ways that governments, civil society and communities can strengthen protections for minorities and indigenous peoples.

ISBN 978-1-907919-47-3