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Report on the Human Rights

Situation of Afro-Brazilian Trans Women

“I don’t want to die like this! Why do people have to die like this? Why do we have to be beaten and stabbed to death?”

Lohany Veras, Coordinator for the Rights of Transvestites, Transsexuals and Intersex People, Rede Nacional de Negras e Negros LGBT

Report on the Human Rights Situation of Afro-Brazilian Trans Women

Global Rights: Partners for Justice is a human rights organization working in partnership with local activists in Africa, Asia and Latin America to build grassroots movements that promote and protect the rights of populations marginalized because of gender, ethnicity, race, socioeconomic status, gender orientation or disability.

Global Rights: Partners for Justice 1200 18th Street NW Suite 602 Washington DC 20036 www.globalrights.org

In the spirit of the United Nations’ encouragement of collective efforts at the international level (Resolutions 49/184), this report is placed in the public domain and put at the disposal of all interested persons to consult or use it. Reproduction is authorized provided that the text is for educational ends not commercial use and on the condition that credit is given to the publisher.

Back cover image: Adam Frankel

Some say that sexual orientation and gender identity are sensitive issues. I understand. Like many of my generation, I did not grow up talking about these issues. But I learned to speak out because lives are at stake, and because it is our duty under the United Nations charter and the universal declaration of human rights to protect the rights of everyone, everywhere.”

— UN Secretary-General Ban Ki-Moon to the Human Rights Council, 7 March 2012.

Acknowledgments

Global Rights would like to thank Adam Frankel, who authored this report and conducted the research therein while he was in from June to December 2012. His commitment and dedication are demonstrated through the report’s findings.

We would like to thank each of the following individuals for their guidance and support during the research and development of the report: Sandra Regina Souza Marcelino, contributing author of Outras Mulheres: Mulheres Negras Brasileiras ao Final do Seculo XXI (Editora PUC-Rio, 2012); Dr. Sonia Giacomini, professor of sociology and coordinator of the Núcleo Interdisciplinar de Reflexão e Memória Afrodescendente (NIREMA) at Pontífica Universidade Católica do ; Dr. Elaine Peña, associate professor of American Studies at George Washington University; and Carlos Quesada, Ethnic and Racial Equality Program Director/ Advisor on the Rights of LGBTI people at Global Rights.

Lastly, we would like to express our profound gratitude and appreciation to all the Afro-Brazilian trans activists who put their lives at risk each day and dream of living in a Brazil free from racism, and transphobia.

Table of Contents

I. Introduction ...... 1 II. Executive Summary ...... 3 III. Methodology ...... 5 IV. Violations ...... 6 1. Racial Discrimination: ...... 6 2. Transphobic and Racial Violence: ...... 9 3. Police violence and impunity: ...... 12 4. Inadequate access to education: ...... 15 5. Inadequate Access to Employment: ...... 18 6. Inadequate Access to Healthcare: ...... 20 7. Lack of Legislative Protections: ...... 22 V. Conclusion ...... 25 Recommendations to the President of Brazil: ...... 27 Recommendations to the Secretariat of Human Rights: ...... 27 Recommendations to the Secretariat for the Promotion of Racial Equality: 27 Recommendations to the National Congress: ...... 28 Recommendations to the Ministry of Justice: ...... 28 Recommendations to the Ministry of Education: ...... 28 Recommendations to the Ministry of Health: ...... 29 Recommendations to civil society organizations and international funders: ...... 29 Recommendations to the Inter-American Commission on Human Rights: .. 30

I. Introduction through individual empowerment and long-term advocacy partnerships, this report was developed to shed light upon the specific and often forgotten Recent years have seen a dramatic forms of discrimination against Afro- shift in attention directed toward vast Brazilian trans women. and grave human rights abuses against lesbian, gay, bisexual, trans and Representing the first-ever intersex (LGBTI), or sexually and comprehensive study on this subject gender nonconforming (SGN)1 people, matter, the report examines the across the world. Civil society, struggles of a group of individuals who governments, and international are deeply marginalized from diverse human rights institutions are economic, cultural, and political continuously increasing efforts to contexts, and who often remain understand and address the unique subject to violence, sexual abuse, and challenges facing this population. murder. In addition to providing Nonetheless, tremendous obstacles information and supporting remain for fully understanding and recommendations on the status of the overcoming the complex challenges Afro-Brazilian trans population, the faced by diverse individuals who report will highlight these individuals’ identify as LGBTI. daily experiences by presenting their own arduous accounts of the struggle Often excluded from generic for survival and acceptance. references to a broader “LGBTI community,” trans 2 people are We wish to provide special thanks to amongst the most vulnerable the fearless Afro-Brazilian trans individuals subject to grave and women who so bravely shared their frequent human rights abuses. personal stories with us for this Following Global Rights’ commitment report, and who continue to advocate to advance gender and racial equality each day on behalf of the rights of the entire Afro-descendant trans population. We would also like to thank the Rede Nacional de Negras e Negros LGBT3, and the countless other 1 This term has been introduced to refer to people of diverse sexual orientations and gender identities who do not 3 Founded in Brasília in 2005, The Rede necessarily identify with the limited Nacional de Negras e Negros LGBT is the definition of the term “LGBTI.” first and only national organization 2 The report utilizes the umbrella term dedicated to advocating and defending the “trans” to refer to all individuals who rights of LGBTI Afro-Brazilians. The identify as transvestite, transsexual, organization is composed of diverse affiliate or any other gender variant groups that work in each of the country’s identities. five regions to advance the rights and Page | 1 organizations and individuals working diligently to defend and promote the rights of all LGBTI Afro-Brazilians.

visibility of LGBTI Afro-Brazilians. In addition to participating in numerous local and state councils on racially, sexually, and gender based discrimination, the organization serves as a civil society representative to both the Conselho Nacional de Combate a Discriminação/LGBT (National Council on LGBT Discrimination–CNCD/LGBT) and the Conselho Nacional de Promoção da Igualdade Racial (National Council on Racial Discrimination—CNPIR).

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II. Executive Summary Examples of such instances include, but are not limited, to the following:

OHCHR calls upon Member States to The report will examine human rights “prevent torture and cruel, inhuman violations against the Afro-descendant and degrading treatment of LGBT trans population in Brazil as they persons…and to “prohibit pertain to international human rights discrimination based on sexual treaties and conventions that Brazil orientation and gender identity,” as has signed and/or ratified. These pertaining to principles established by agreements include the Universal UDHR and ICCPR (UNITED NATIONS, Declaration of Human Rights (UDHR), 2012);” the International Covenant on Civil and Political Rights (ICCPR), the UNAIDS’ “UN theme group on Convention on the Elimination of All HIV/AIDS in Brazil,” calls upon Forms of Racial Discrimination Brazilian President , (CERD), the Convention on the members of the Brazilian National Elimination of All Forms of Congress, and the Brazilian Judiciary Discrimination against Women Powers to act to promote and protect (CEDAW), and the American the rights of LGBTI people, including Convention on Human Rights (CADH). passage of legislation which would criminalize acts of violence and Additional recommendations on these discrimination committed against matters have been provided by individuals on the basis of their international bodies, including the UN presumed or actual sexual orientation Office of the High Commissioner for or gender identity (UNAIDS, 2012); Human Rights (OHCHR), the Joint United Nations Programme on The Third Committee of the United HIV/AIDS (UNAIDS), the Inter- Nations General Assembly approves American Commission on Human resolution A/C.3/67/L.36, whereas it Rights (IACHR) and the Inter- includes “gender identity” for the first American Court of Human Rights time in history in its condemnation of (IACtHR). extrajudicial, summary or arbitrary executions (UNITED NATIONS Each of these institutions have GENERAL ASSEMBLY, 2012); independently called upon Member States to enact measures protecting CEDAW, upon reviewing evidence of LGBTI people, women, and Afro- disparities in quality of and access to descendants, including specific treatment in Alyne da Silva Pimentel recommendations that have been Teixeira v. Brazil (2011), calls for directed toward Brazil. improved access and healthcare services for low-income and Afro-

Page | 3 descendant women in Brazil (CONECTAS, 2012), dramatically (COMMITTEE ON THE ELIMINATION increasing the number of Afro- OF DISCRIMINATION AGAINST Brazilian students enrolled in public WOMEN, 2011); universities. Additional legislation was later approved to incorporate IACHR rules in Atala Riffo and affirmative action policies into federal Daughters v. Chile (2012) that acts of hiring practices (INSTITUTO LUIZ discrimination committed on the basis GAMA, 2012). of sexual orientation or gender identity committed by or within Nonetheless, despite continued public signatory Member States, including demands from diverse members of Brazil, qualify as a violation of the Brazilian society and the international CADH (INTER-AMERICAN COURT OF community, the Brazilian government HUMAN RIGHTS, 2012); has taken minimal action to advance or protect the rights of LGBTI IACHR “expresses its deep concern individuals. More specifically, the State over the homophobic and transphobic has not taken sufficient action to violence in the region and urges the address the needs of the trans States to adopt urgent measures to population, nor has it committed to stop the homicides, attacks and acts of developing specific measures in aggression against lesbians, gays, and response to the needs of LGBTI Afro- trans, bisexual and intersex persons descendants. Lastly, no measures have (LGTBI), and against any persons been proposed to address perceived as such.” The statement discrimination and violence against notes that 18 of 26 such violations the Afro-descendant trans population. reported to the Commission in Therefore, it is hoped that this report September 2012 occurred in Brazil may stimulate international human (ORGANIZATION OF AMERICAN rights institutions and the Government STATES, 2012). of Brazil to promote further action on these matters. As a signatory to the aforementioned international agreements, Brazil must The most pressing and frequent act upon these recommendations. violations facing Afro-descendant Under President Rousseff, the State trans women in Brazil, to be discussed has begun to implement substantial at length throughout the body of the measures to address racial report, are as follows: discrimination and inequality. These measures include a sweeping 1. Racial discrimination, in the form affirmative action law that was of verbal harassment, defamation approved by the National Congress in and hate speech; 2012 and later upheld by the 2. Transphobic and racial violence, Supreme Federal Tribunal including sexual harassment,

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intimidation, violent attacks, and The report will close with conclusions extrajudicial killings; regarding the status of the Afro- 3. Police violence and impunity, Brazilian trans population, and will including arbitrary detentions, provide practical recommendations extrajudicial and attempted for government and civil society actors extrajudicial killings, threats and to respond appropriately to the extortion, and torture and cruel, reported violations. inhuman or degrading treatment by police and military officials; 4. Inadequate access to education, III. Methodology due to racial and gender-based discrimination by classmates and school employees, and further exacerbated by a lack of The research collected for this report educational programs to promote was developed over an eight-month social inclusion of LGBTI students; period, from July 2012 to March 2013, 5. Inadequate access to and depended heavily upon qualitative employment, due to racial and sources. The decision to use gender-based discrimination by qualitative data was made in light of potential employers, and further the general invisibility of Afro- exacerbated by a lack of public descendant trans women in media, employment opportunities and academic and government legal obstacles to changing gender publications on LGBTI people in Brazil. identity on state-issued identity Sources include reports, articles, and documents; documents on the situation of LGBTI 6. Inadequate access to healthcare, and Afro-descendant people in Brazil, including racial and gender-based as well as four in-person interviews discrimination by health care held with leading Afro-descendant professionals, systematic health trans advocates from diverse regions disparities amongst Afro-Brazilian of the country, including Rio de Janeiro and trans women, and severe (Rio de Janeiro State), Salvador ( mental health issues facing Afro- State), and Belém do Pará (Pará State). descendant trans women; Five additional interviews were 7. Lack of legislative protections, conducted with federal government which guarantee State recognition officials, academic experts, and non- and protection of gender identity trans identifying LGBTI Afro- and expression, and ban violent descendant activists. All participants crimes and discrimination provided explicit verbal or written committed on the basis of sexual consent for use of their names and orientation or gender identity. information provided in recorded interviews to be included in this report.

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Additional observations were Moreover, rare public portrayals of collected at the 11a Reunião Ordinária Afro-descendant trans women often do Conselho Nacional de Combate a depict them as violent, subversive, Discriminação e Promoção dos Direitos criminal, and uneducated. de Lésbicas, Gays, Bissexuais, Travestis e Transexuais (11th Ordinary Meeting Afro-descendant women are of the National Council on LGBT commonly objectified in public Discrimination), held in Brasília in depictions, including a recent prank September 2012, and the 1o Seminário coordinated by a group of students at de Negras e Negros LGBT (1st National the Universidade Federal de Minas Black LGBT Conference), held in Gerais (Federal University of Minas Salvador, Bahia in October 2012. Gerais—UFMG). A photo of the Information was also gathered at incident shows a white female student support group meetings and cultural impersonating a slave (PORTAL EBC, events pertaining to the trans and 2013). The individual is covered in Afro-descendant communities. black paint, has a lock and chain wrapped around her wrists, and a sign draped over her chest that reads, 4 IV. Violations “Caloura Chica da Silva.” Chica da Silva is the name of a freed slave woman of mixed European and African descent who has been depicted 1. Racial Discrimination: extensively within Brazilian film and literature as a “seductress who used Afro-descendant trans women in her African heritage and sexuality to Brazil face numerous barriers due to improve her position in society,” and is racial and class-based discrimination, viewed by experts to have served as a including aggravated acts of violence “simplistic [representation] of race and transphobia (AVELAR & MELLO, relations in Brazil (DANTAS, p. 951, p. 316, 2010; CARRARA, p. 245, 2006; 2011).” MARCELINO, p. 72, 2012). As a result, they suffer from discrimination in In addition, J.R. Guzzo, former editor- seeking access to health care, in-chief of the leading Brazilian education, housing, employment, legal magazine, Veja, released an editorial in representation, and virtually all other December 2012 entitled, “Parada gay, public services. They are also victims cabra e espinafre” 5 (ZIBELL, 2012). of frequent verbal harassment, public The editorial lists exhaustive defamation and hate speech. Hate arguments against the rights of LGBTI speech against Afro-descendants and people in Brazil, supported by LGBTI people is commonly committed by prominent Brazilian legislators, journalists, and intellectuals. 4 “Freshman Chica da Silva” 5 “Gay parade, goat and spinach” Page | 6 numerous homophobic remarks. cursed, stating specifically, “The curse Guzzo’s article includes claims that 1) that Noah lays on his grandson, Publicly financed educational Canaan, covers the African continent, materials intended to address from there the hunger, plagues, discrimination against LGBTI diseases, ethnic wars! (LOCATELLI, individuals in schools were an 2013).” The congressman currently “incentive to homosexuality.” 2) The faces federal criminal charges for near three hundred hate-motivated discrimination, presented to the murders of LGBTI people in Brazil Supremo Tribunal Federal (Federal recorded in 2011 were not unique to Supreme Court—STF) by Attorney LGBTI people. Rather, they were a General Roberto Gurgel in April 2013 mere “fact of living in Brazil,” where all (O DIA ONLINE, 2013). individuals are subjected to violence. 3) An individual who expresses dislike Following Congressman Feliciano’s toward homosexuals is not confirmation to serve as president of committing a crime because there is the CDHM, numerous protests and no law that “requires any citizen to public commenters have called for his like homosexuals, or spinach, or resignation. In response to the whatever it may be.” 4) In reference to criticisms, a video was released by an same-sex marriage, Guzzo stated, “A unknown producer and promoted by man cannot marry a goat, for example; Congressman Feliciano on his Twitter he may even have a stable relationship account (PICHONELLI, 2013). The with one, but he cannot get married video relays images of LGBTI and Afro- (ZIBELL, 2012).” descendant activists protesting against the congressman’s leadership of the More recently, Federal Deputy-Pastor CDHM, and includes a clip of Afro- Marco Feliciano (Partido Social descendant protestors singing and Cristão-São Paulo), current president playing drums, which it refers to as a of the Chamber of Deputies’ Comissão “ghoulish ritual (PICHONELLI, 2013).” de Direitos Humanos e Minorias The clip repeatedly plays a quote by (Committee on Human Rights and openly gay, Afro-descendant Federal Minorities—CDHM), has made a series Deputy Jean Wyllys (Partido of racist and homophobic remarks Socialismo e Liberdade—Rio de since his appointment to chair the Janeiro), which states; “The orixás put Committee in March 2013. At a me in this mandate (PICHONELLI, political gathering of Evangelical 2013).” Following the video’s release, leaders in late 2012, Feliciano Congressman Wyllys received proclaimed, “AIDS is the gay cancer repeated death threats and was (LOCATELLI, 2013).” He also posted a subsequently provided emergency comment on his Twitter account in protection by federal police escorts 2011 understood to have implied his (LIMA, 2013). belief that Afro-descendants are

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Racism is a thing that traverses all Everything, we learn that are not, we strata of society. Well, racism exists in don’t want among us, we don’t want a the words, in the actions, in the way black woman among us, only at that you act with another person, and Carnival, only at Carnival. We don’t within prejudice against LGBT [people]. want, and even at Carnival, we are That is to say, these are biases that are changing that, because of Carnival is so fostered in the heart of the family white right now, completely different context. A person already grows up than it used to be in the 80s, 70s, 60s. knowing that black is ugly, that black And we don’t want homosexuals, smells, and black is not worth especially if they are flamboyant, you anything—these are the pillars. It’s that know, if they are camp, you know, to be a faggot is to be something bad. effeminate. They don’t want that. And so, these prejudices exist, with blacks against LGBTs and with white –Alessandra Ramos, Coordinator, Grupo LGBTs against blacks. And so, what I Pela Vidda Rio de Janeiro am trying to say is that it is very difficult because the prejudice exists in Yes. From the side of prejudice, to say, the society as a whole. “Oh, she’s black,” right?” Because I’ve always heard people say that. Oh, she’s Yeah, that’s the problem, you know. We black, and she is a transsexual or a have the institutional prejudice. And transvestite, and she wants to be called this institutional prejudice affects all of Joana, but her name is João. It’s a us. And it just increases, you know. terrible process. In the job market, to be Black women receive different black and to think that you don’t fit the treatment in hospitals, as black women, mainstream beauty standards, with as I was saying in the courts throughout blue eyes and such, not having good the country, in every institutional hair, and they are pushed aside, service the government provides. If because of the racial question. Because there is a prejudiced or racist person, today, the racial question is considered they are gonna treat you with racism, a crime. And so, that helped minimize you know. And that’s the problem with the situation. But does racial Brazil, you know, in all the senses. And discrimination exist? It does exist, and for black transsexuals, it would be even much more so in the case of greater the problem. And if she doesn’t transvestites and transsexuals. have the looks of a woman, the problem, it would be even greater —Karol Ferreira, Program Associate, because she causes… [nausea] in people, Rio Sem Homofobia you know.

And I think [black] people are, we are the non-desirables…It’s the non- desirables, we are the non-desirables.

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2. Transphobic and Racial recorded in a 2012 report by the Violence: Federal Secretariat for Human Rights on violence against LGBTI people in Afro-descendant trans women face a Brazil (SECRETARIA DE DIREITOS broad range of physical, sexual, verbal, HUMANOS DA PRESIDÊNCIA DA and psychological abuses, resulting REPÚBLICA, p. 55, 2012). The report from deeply institutionalized and gathered data from media accounts intersecting forms of racial and and complaints directed to public gender-based violence and hotlines administered by the Federal discrimination. These include, but are Secretariat for Human Rights, the not limited to, daily incidents of Federal Secretariat of Women, and the intimidation, violence, sexual Ministry of Health, regarding human harassment, rape, and murder. rights violations committed against Pervasive violence against LGBTI LGBTI people. people occurs as a result of frequent police abuse, limited legal protections The report accounted for important for LGBTI people, and minimal effort demographic indicators, including by the Brazilian government to sexual orientation, gender identity, age prevent violence against LGBTI and region. However, it provided people. Recent examples of crimes minimal information regarding the against Afro-descendant trans women racial identity of LGBTI victims of include the murder of a 25-year-old violence and discrimination. Afro-descendant transvestite named Specifically, government hotlines did Sheila, who died after being run over not record the racial identity of by an off-duty police officer in Moema, complainants, and 74.5 percent of São Paulo (G1 SÃO PAULO, 2012). media accounts included in the data Another emblematic case is seen in the collection process did not identify murder of Jocivaldo Alves, a 26-year- victims’ race (SECRETARIA DE old Afro-descendant transvestite who DIREITOS HUMANOS DA died in Ubatã, Bahia after being PRESIDÊNCIA DA REPÚBLICA, p. 68, stabbed repeatedly by her attacker 2012). (GRUPO GAY DA BAHIA, 2010). Nevertheless, black- and brown- A number of studies speak to the high identified individuals were estimated frequency with which hate crimes are to account for 52 percent of LGBTI committed against Afro-descendant murder victims included in the report trans women. Although trans women (SECRETARIA DE DIREITOS represent an estimated 10 percent of HUMANOS DA PRESIDÊNCIA DA the total LGBTI population in Brazil REPÚBLICA, p. 23, 2012). This figure (FRANKEL, 2012), they accounted for was attained by analyzing the 25.5 a disproportionate 50.5 percent of the percent of media accounts or nearly 300 murders of LGBTI people photographs which identified victims’

Page | 9 racial identity. It does not, however, descendant trans women is due in part provide a precise figure for the 74.5 to the limited scope of sources that percent of murder victims identified provide data on violence against by media accounts which did not LGBTI people. As noted, government account for racial identity, or for any officials do not account for racial of the victims who reported violations identity when recording reported to government hotlines and whose human rights violations committed racial identity was not recorded. against LGBTI people. A select number Furthermore, the racial identity of non-profit organizations also estimates were made in reference to provide information on anti-LGBTI the collective group of LGBTI murder violence, based on data collected from victims, but the figures did not media and activist reports. disaggregate racial statistics by sexual Nevertheless, under-reporting or orientation or gender identity. failure to report hate crimes to non- profit and government entities is In addition to these findings, an annual common amongst victims and their report by Grupo Gay da Bahia (Gay families who fear “outing” and/or Group of Bahia—GGB), a leading persecution from their perpetrators. national organization dedicated to Furthermore, research on media bias combating violence against LGBTI in Brazil notes that media outlets do Brazilians, stated that there was a 21- not sufficiently account for or percent increase in murders of LGBTI problematize race as an aggravating people between 2011 and 2012, factor in acts of violence committed raising the total number of victims against Afro-descendants (ANDI, p. 79, from 266 to 338 (AFFONSO, 2013). 2012). The media’s failure to address Research has also demonstrated an race as it pertains to hate crime increase in the number of homicides of victims further inhibits non-profit and Afro-Brazilians during recent years. government entities from collecting Specifically, a comparative study on more comprehensive information on homicide rates amongst black and both racial and anti-LGBTI violence. white populations showed a 5.6 percent increase in the number of In addition, acts of violence against Afro-descendants murdered between Afro-descendent trans women 2002 and 2010. This figure was encounter vast impunity due to the contrasted by a 24.8 percent decline in fact that virtually no federal legislation homicides of white Brazilians exists to prohibit acts of violence committed during the same period committed on the basis of sexual (CEBELA, FLACSO, SEPPIR/PR, p. 38, orientation or gender identity. In 2012, 2012). response to increasing rates of anti- LGBTI violence, the Minister of Human The difficulty to collect disaggregated Rights has called for Congressional data on violence against Afro- approval of PLC 122/2006, a proposed

Page | 10 law that would criminalize acts of and Intersex People, Rede Nacional de violence and discrimination based on Negras e Negros LGBT sexual orientation and gender identity (BRAGA, 2012). In addition, the And this kind of violence, and this Secretariat of Human Rights recently violence in the streets, you know, I went approved an accord which demands to the streets and I saw that violence. I the creation of state government was beat up by twelve guys, I got beat committees to address anti-LGBTI by twelve guys, you know, for nothing. I violence in all Brazilian jurisdictions was just hanging out, I was just (AMADO, 2012). However, according standing in the street. I wasn’t doing to a 2013 study on state governments anything, I wasn’t even dressed in a way conducted by the Instituto Brasileiro that could, you know, be offensive to de Geografia e Estatística (Brazilian people somehow. And just because I was Institute of Geography and Statistics— standing there, just because of that. And IBGE), only five of Brazil’s twenty- I didn’t have much of the looks that I seven states (Pará, Rio de Janeiro, São have now, natural, that I have now. I Paulo, Mato Grosso do Sul and Goiás) looked like a travesti, and because of currently possess such organisms that, just because of that, I got beat up. (BERALDO, 2013). And this is, this is horrible, and you can feel the hatred, you know, in these And when she is black, it’s worse! It is people. It’s something that you cannot worse when she is black. She gets really even, I cannot even bear to think of, you badly beaten up, and they hit her know, because I don’t understand silicone implants, to puncture them. hatred. But I’ve seen it and I’ve felt it in One time there were some thugs that my own skin, whatever, how can I, what would put nails in sticks, to hit them, can I say. with the nails, which was to puncture, to drain the silicone implants. They –Alessandra Ramos, Coordinator, Grupo were from the military. Yeah, it affects Pela Vidda Rio de Janeiro the black trans women more, it affects the blacks more. And they ban them Of course it’s complicated! Think of it from the streets more than they do the like this: the probability of a black white trans women. They hit them more youth, from the periphery, being because they are black. In addition to murdered. The probability is much being transvestites—they are still—in higher than for a white youth, from the addition to being black, they are middle class, from the South Zone of the faggots. Beyond just being black, they big cities? It’s even much crueler if the are faggots. individual is a transvestite. If the transvestite is black, from the –Lohany Veras, Coordinator for the periphery—if the transvestite is black, Rights of Transvestites, Transsexuals and lives in the favela—of course it will be much more difficult. If they will

Page | 11 murder a man that is heterosexual or Sexual orientation alone is not black, imagine a transvestite that they sufficient to account for the already see as a nobody! Because phenomenon of homophobic violence. transvestites, for much of the Homophobic violence is always population, are nothing, they are null! If combined with other forms of they already murder black men, and discrimination. It is crueler and more there are many people who will not lethal when it is combined with other investigate—many judges, many police marginalized identities, including an do not investigate, but imagine with a individual’s ethnicity, class, or gender. A transvestite! They wouldn’t anything black lesbian who lives in the city’s poor else. outskirts is more likely to be affected by violence than, for example, a middle –Keila Simpson, Former President, class, white man who lives in the South Conselho Nacional de Combate a Zone of Rio de Janeiro. Discriminação/LGBT (National Council on LGBT Discrimination—CNCD/LGBT) –Jean Wyllys, Federal Deputy (Partido Socialismo e Liberdade—Rio de The limited research that we have that Janeiro), Coordinator of the Mixed attempts to map violence, human rights Parliamentary Caucus for LGBT violations, of diverse segments of the Citizenship and Member of the LGBT population, does not address the Parliamentary Caucus in Defense of ethnic specificities. Do they try to talk Human Rights about the black LGBT population, or about the poor LGBT population? No, they do not specify, gender, ethnicity, or 3. Police Violence and Impunity: even class. These are more generic data, and so much more could be done to Police violence against Afro- improve data collection. I think that the descendant trans women is frequent, research institutions, government and is often exacerbated by fear of agencies like SEPPIR, the Secretaria da victims to report crimes, refusal by Igualdade Racial (Secretariat for Racial police officials to investigate crimes, Equality), and the Secretaria de discrimination against Afro- Direitos Humanos (Secretariat for descendant trans women in access to Human Rights), and the Secretaria das judiciary and other punitive measures, Mulheres (Secretariat for Women) and a lack of legislative protections should be sensitive to the specificity of against crimes committed on the basis each individual identity. They should of sexual orientation and gender consider each individual’s social identity. Such instances include status—not just sexual orientation, but arbitrary detentions, extrajudicial and also ethnicity, class, and gender attempted extrajudicial killings, identity. threats and extortion, and torture and cruel, inhuman or degrading

Page | 12 treatment of Afro-descendant trans provided to them by trans sex workers women. Afro-descendant trans women (REDLACTRANS, p. 14, 2012). In in the North and Northeast regions of addition, threats and physical attacks Brazil, where levels of racial violence are often made to dissuade or prevent are elevated (CEBELA, FLACSO, trans women from reporting SEPPIR/PR, p. 14, 2012), reported the incidences of police abuse. Police also highest levels of police violence. frequently rob Afro-descendant trans women, and refuse to pay them for Arbitrary detentions of trans women sexual services provided to them by are common throughout Latin trans sex workers. Finally, activists America, most often affecting trans sex report that police attacks target Afro- workers (REDLACTRANS, p. 16, 2012). descendant trans women more often Afro-descendant trans women in than other trans women, often forcing Brazil provide supporting accounts in them to avoid gathering in public which police excessively target trans spaces and leaving them unable to women for drug possession, theft, and practice sex work—one of their other minor infractions. Activists also limited means of attaining economic report frequent police coercion of stability. trans women intended to warrant criminal charges and arbitrarily Afro-descendant trans activists in detentions. For example, activists Brazil also report frequent instances of reported instances in which police torture and cruel, inhuman or officials provided trans women with degrading treatment by police officers, illicit substances such as marijuana, all of which are commonly reported by and later arrested them for drug trans women throughout Latin possession, in addition to joint police America (REDLACTRANS, p. 15, 2012). participation in criminal activities Afro-descendant trans women are with trans women, such as theft and frequently humiliated, attacked, robbery. Finally, activists report insulted, and murdered by police instances in which police enter officials in public spaces. Activists also nightclubs and arbitrarily arrest trans report incidents in which police and women for unfounded motives. military officials exert excessive physical force by closing police car Afro-descendant trans women in doors on their arms and legs, as well Brazil also report frequent as using batons to puncture and leak extrajudicial and attempted silicone deposits in their bodies. extrajudicial killings by police officers. These instances are often committed Finally, Afro-descendant trans women in response to a trans person are subject to degrading treatment reporting a murder committed by and humiliation by being forced to police officers, and/or when police do strip naked in public, being called not wish to pay for sexual services racial, homophobic, and transphobic

Page | 13 epithets, and being transported in 2012). Rather, police officials claimed closed physical spaces, such as police that the crime should be investigated car trunks. as an act of assault and battery, and that the attackers, one of whom Following a trend common amongst Fortuna had previously engaged in trans women in Latin America, many sexual relations with, did not possess Afro-descendant trans women fear any homophobic motives in murdering and decline to report abuses to public the victim (R7, 2012). Police officials authorities due to pervasive police in Brazil often deny hate-motivated violence and intimidation bias without supporting evidence (REDLACTRANS, p. 19, 2012). The when investigating violent crimes issue is further exacerbated by police committed against Afro-descendant refusal to investigate crimes, limited trans women and other LGBTI police engagement in state forums individuals. such as state government committees on violence and discrimination against So this violence with transvestites, LGBTI people, racial and transphobic which I speak of, and that I can attest discrimination within the Brazilian to…how many years have I been judiciary system, and a lack of working on the streets with these girls? protective legislative measures which Five years, six years. It is the police that prohibit acts of violence and kill them. It is the police that ban them discrimination committed on the basis [from the streets]. They even went on of sexual orientation or gender horseback once to expelled the girls identity. from Rio Duto. They invades nightclubs just to take out the travestis. And when A recent case, which exemplifies the they picked up a black girl, well then, insufficient police commitment to fully they were just bound to kill her. investigate violent crimes committed Sometimes they kill them. And so I think against LGBTI people in Brazil, may be to myself, and I have been rejected by seen in the November 2012 murder of the police because they’ve asked me to a prominent gay activist, Lucas do things I refused to do because they Fortuna. Fortuna was found dead on a would have harmed the girls. And when deserted beach in Pernambuco state, [the girls] said, “Lohany, if you go there, wearing only his underwear, and I will tell [the police] you are lying.” And presented with wounds from repeated so, they disarm me. The girls disarm stabbings and beatings (G1 me…It was two weeks ago today that PERNAMBUCO, 2012). Police denied they murdered a transvestite in Belem, accusations from federal officials, they tied up her feet, they tied her including Federal Minister of Human hands, they put the [inaudible] in her Rights Maria do Rosário, that the mouth, and then they shot her in the incident had been motivated by head and the neck. Fortuna’s sexual orientation (BRAGA,

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They threaten the girls so much…I went Parliamentary Caucus in Defense of back and I saw a girl crying in the Human Rights street because they humiliated her— she was standing right next to the police. She said that the police were 4. Inadequate Access to Education: right, because of I don’t know what, she was defending the son of a bitch! I said, Tremendous discrimination exists my Lord! What did these people do to against trans people throughout the this girl? They threaten, they were able Brazilian educational system, to intimidate these girls so much, that including heightened levels of they are afraid. They put so many discrimination against Afro- things in their heads that we have no descendant trans women based on way of removing, it is difficult. Travestis their racial identity. Dr. Berenice fight with the police. But if they start Bento, a lead researcher on arguing, it is only because they’ve discrimination against trans women in already been so badly abused. And the Brazil, estimates that 90 percent of police still threaten them, they say, “I’m trans women are functionally illiterate going to kill you, faggot!” due to social exclusion in school settings (CONEXÃO FUTURA, 2012). –Lohany Veras, Coordinator for the Similarly, a 2012 study by the Rights of Transvestites, Transsexuals Faculdade Latino Americana de and Intersex People, Rede Nacional de Ciências Sociais (Latin American Negras e Negros LGBT University on Social Sciences— FLACSO) found that a combined 26.7 So the very agenda of violence, the percent of brown- and black- people who go out there to kill them, identifying Brazilians are fully beat them, and such—this requires a illiterate, while 51.1 percent are response, a public safety plan, which is functionally illiterate (FUNDACIÓN sensitive to their needs. In other words, CAROLINA, p. 34, 2012). Thus far, no we have broader security policies for institution has developed specific the general population, but we also findings on educational attainment have to consider the needs of the most levels of Afro-descendant trans vulnerable groups. It is important to women. However, these figures and educate law enforcement officials about the report’s qualitative findings these vulnerabilities. suggest that they are comparably high.

–Jean Wyllys, Federal Deputy (Partido Despite widespread discrimination Socialismo e Liberdade—Rio de and violence against Afro-descendant Janeiro), Coordinator of the Mixed trans women in schools, the Brazilian Parliamentary Caucus for LGBT government has made no effort to Citizenship and Member of the address discrimination against LGBTI people within the Brazilian

Page | 15 educational system. Notably, a study government has not introduced an conducted by the Instituto Brasileiro alternative plan to address de Geografia e Esatísticas (Brazilian discrimination against LGBTI people Institute of Geography and Statistics– within the Brazilian public school IBGE) found that only 8.7 percent of system since the project’s cancellation. federal municipalities currently However, the Ministry of Education possess educational initiatives signed an accord in November 2012 to directed toward LGBTI students, in develop research in collaboration with contrast with 93.7 percent of the Conselho Federal de Psicologia municipalities which have similar (CFP–National Council of Psychology), programs aimed at retaining other in an effort to better understand the minority groups, such as indigenous nature of anti-LGBTI violence and and Afro-descendant students discrimination in public schools (WERNECK & PITA, 2012). (WYLLYS, 2012). Furthermore, the study found that only 1.8 percent of federal In a separate incident, a set of sexual municipalities possess educational health educational materials that were programs aimed at reducing anti- developed in 2010 in a partnership violence against LGBTI students between the Brazilian Ministry of (WERNECK & PITA, 2012). Health, the United Nations Children’s Fund (UNICEF), the United Nations A set of educational materials, Educational, Scientific and Cultural guidelines, and videos intended for Organization (UNESCO), and the distribution in all Brazilian public United Nations Population Fund schools was developed by the Ministry (UNFPA), were recently vetoed by of Education and the Ministry of Brazilian Minister of Health, Alexandre Health and in May 2011. The material Padilha, in March 2013 (SASSINE, were intended to educate students on 2013). The materials, which addressed same-sex relations, bisexuality, and homophobia, same-sex relations, gender identity (FORMENTI, 2013). adolescent pregnancy, and condom However, President Rousseff vetoed use as part of a broader discussion on the distribution plan days before the HIV and sexually transmitted materials were released after infections (STIs), were vetoed and receiving political pressure from recalled by Minister Padilha after an members of the Congressional estimated 15,000 copies had been Evangelical Caucus who accused the provided to thirteen state materials of “incentivizing governments in Brazil’s North and homosexuality (FORMENTI, 2013).” In Northeast regions (SASSINE, 2013). President Rousseff’s public statement The programs’ proponents accused to cancel the plan, she called it a Minister Padilha of vetoing it due to source of “propaganda for sexual personal political aspirations and fears preference (FLOR, 2011).” The federal of retaliation amongst conservative

Page | 16 and religious legislators (FORMENTI, see, half, or more than half than half of 2013). Specifically, UNAIDS Brazil travestis killed in the last few years Coordinator, Pedro Chequer, were black. expressed disappointment upon On the first day of class, the teacher learning of the plan’s cancellation, made two lines of boys and girls, and I claiming that Minister Padilha was went to the girls’ line. The teacher came “restrict[ing] his actions in virtue of and pulled me away by my ear three religious dogma. (FORMENTI, 2013).” times. And I had no idea why she was doing that, because I was raised in a One time, I was around 16 years old, military family, I was raised by my when I was already in my last year of aunts, by a group of women. I was my high school. And the teacher asked me own woman, I did not have a male role to leave the classroom because she model. When you grow up, I was six could not accept a girl like me in the years old when I first went to school, I classroom, dressed in a skirt, blouse, started to see the difference between and sneakers. She wouldn’t accept that boys and girls, I noticed that people I was a transsexual, because the school would say that I was a boy and that I didn’t accept it either. had to conform to that.

–Karol Ferreira, Program Associate, Rio –Alessandra Ramos, Coordinator, Grupo Sem Homofobia Pela Vidda Rio de Janeiro

There is no law that prohibits So we need to guarantee, at a municipal transsexuals from accessing the level, a state level, and a federal level, educational system. But the problem is an education that is inclusive and that that black transsexuals, they have even promotes diversity. One that prevents, more problems in school because of the for example, transvestites and prejudice from teachers and students. transsexuals from having to quit school, So, they themselves quit this whole and then ending up functionally educational system. And the problem illiterate or semiliterate or illiterate. for black transsexuals…if we look at it And, when they are illiterate, that through the law, we are equal to semiliterate, or functionally illiterate, everybody. But we are not, we know they lose the opportunity to succeed in that this is not true…You know, from the job market, and then, unfortunately, the time they start the body changes, their only option left for survival is they quit school to avoid a lack of prostitution. acceptance. They are generally not expelled from school. In certain cases, –Jean Wyllys, Federal Deputy (Partido they are, but they are, you know, they Socialismo e Liberdade—Rio de quit. If they are not expelled, they quit. Janeiro), Coordinator of the Mixed And the murders, this is also another Parliamentary Caucus for LGBT problem for black transsexuals. You can Citizenship and Member of the

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Parliamentary Caucus in Defense of women in Brazil, select municipal Human Rights governments, including Rio de Janeiro (SECRETARIA MUNCIPAL DE DIREITOS HUMANOS, 2012) and 5. Inadequate Access to Salvador (COUTINHO, 2013), have Employment: developed job-skills training programs for trans women. Nonetheless, the Due to limited access to education and programs are all locally operated, and pervasive employment discrimination generally only provide entry-level or against trans women and Afro- administrative skills and descendants, Afro-descendant trans opportunities. The federal government women encounter severe obstacles to has not offered any such program on a securing stable employment national level, nor has it proposed opportunities. Parallel to the expanding existing affirmative action experience of trans women policies targeted at ethnic minorities throughout Latin America who are and low-income individuals to excluded from diverse economic incentivize the hiring of LGBTI people. opportunities, many Afro-descendant trans women pursue sex work as a In addition to lacking any policy on sole option for economic survival employment discrimination (REDLACTRANS, p. 25, 2012). The committed on the basis of individuals’ UNAIDS 2012 Global Report estimates sexual orientation or gender identity, a that 44 percent of trans people vast majority of Brazilian jurisdictions worldwide are involved in sex work require trans people to use state- due to “inadequate access to issued identity documents with their information, services and economic birth-assigned gender names, rather opportunities (UNAIDS, p. 76, 2012).” than allow them to use the names by A 2012 report on the rights of trans which they identify themselves. A human rights defenders in Latin 2012 study by the Instituto Brasileiro America notes that trans sex workers de Geografia e Esatísticas (Brazilian are subject to the most frequent and Institute of Geography and Statistics– severe human rights abuses IBGE) found that only one percent of committed against trans people, federal municipalities currently allow including violence, economic trans people the right to legally change instability, sexual abuse, sexually their name on identity documents transmitted infections, drug and without undergoing reconstructive alcohol use, and severely limited gender surgery or psychological access to mental health services examinations (WERNECK & PITA, (REDLACTRANS, p. 25, 2012). 2012). This presents tremendous obstacles to trans job-seeking Provided the limited employment candidates, who are required to opportunities available to trans present potential employers with

Page | 18 state-issued identity documents which transsexual person, because it’s not display names that are contrary to noticeable. I pass as a woman, I’d say their gender identity and expression. that. And after that first week, This process further institutionalizes everybody just tried, just started to stigma against trans people and often treat me very differently than they had results in unjustified firings and a treated before. refusal to hire qualified trans candidates. –Alessandra Ramos, Coordinator, Grupo Pela Vidda Rio de Janeiro It was difficult, it is difficult for a transsexual woman to find a job. I But people don’t realize that the speak six languages, I speak six transvestite or transsexual that was languages. I speak French as well, waiting in line to apply for that job was Italian, I speak sign language, I was a called blackie and monkey—it’s just not secretary. I am a person with advanced seen. And so, is it just gender? No. There skills…I sent hundreds and hundreds of is the question yes, of race, of gender, of emails and reumes, and nobody calls a lack of opportunity… So when she is me, nobody calls me. And people call excluded from the job market, she is me, but when I go there, and show them automatically excluded from family life, my paperwork, because they hadn’t she is excluded from culture, from realized that I was a transsexual, they leisure, and even education. hadn’t noticed that. The few times that I was called in for a job interview, after –Karol Ferreira, Program Associate, Rio they found out about me, they just, you Sem Homofobia know, they made something up, they made something up and told me that I We increase the chances for wasn’t accepted for the postion. And opportunities and we raise the plus the fact that I’m a black person. alternatives, above all, for the trans You know, this is also, this is also population, which today, is practically terrible. forced into prostitution. The constitution defines individual choice, I went to work with a guy named not impositions, even if it is a socially Claudio Nascimento, in the State of Rio, constructed imposition. Prostitution and the first thing he did, after a week, should only be an option for someone was to announce in a very famous who is capable, conscientious, and who social column, in a very famous has other alternatives. If you don’t have newspaper, that the government had other alternatives, it’s not a matter of invited the first transsexual to work as choice. a secretary, and it was me. And after I had been working there for a week, –Jean Wyllys, Federal Deputy (Partido everybody was very nice to me because Socialismo e Liberdade—Rio de they didn’t notice that I was a Janeiro), Coordinator of the Mixed

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Parliamentary Caucus for LGBT existing statutes which require health Citizenship and Member of the care professionals to address trans Parliamentary Caucus in Defense of people by their self-identified names Human Rights (MINISTÉRIO DA SAÚDE, 2011). Nevertheless, trans people report that public health officials often incorrectly 6. Inadequate Access to Health refer to them by their legally defined Care: birth names, in addition to frequently expressing or acting based upon Afro-descendant trans women suffer transphobic attitudes. Repeated from increased health risks, disparate mistreatment and medical bias often access to physical and mental health lead Afro-descendant trans women to services, and racial and gender-based postpone or avoid seeking adequate discrimination within the Brazilian medical services. public health care system. As mentioned above, sex work is a Due to this trend, trans people who leading cause for compromising the wish to undergo hormonal treatments, sexual and mental health of many reconstructive surgeries, or other Afro-descendant trans women. The gender transition procedures, often UNAIDS 2012 Global Report estimates have to do so without necessary that 68 percent of trans people medical supervision. Common worldwide are infected with HIV, informal practices used in place of attributing the figure to gender-based supervised medical procedures violence, high unemployment, and include injection of highly toxic, discrimination (UNAIDS, p. 76, 2012). industrial silicone by non-medically An additional report by Criola, a trained professionals, and use of non- leading Afro-Brazilian women’s rights prescription cross-gender hormones organization, cites institutionalized (KULICK, p. 64, 1998). Medical experts racism and cultural insensitivity warn against the injection of industrial within the public health care system as silicone, stating that its use is primary causes for drastic healthcare extremely dangerous and may lead to disparities amongst Afro-descendant infection from use of un-sanitized women (CRIOLA, p. 5, 2010). needles and dislocation of injected silicone into the heart and/or In addition to statistical disparities throughout treated areas (KULICK, p. and risk factors, cultural insensitivities 77, 1998). Medical research also amongst health care professionals suggests that unsupervised use of non- further exclude Afro-descendant trans prescription cross-gender hormones women from accessing adequate may lead to serious health risks, healthcare services. Due to the legal including high blood pressure, blood obstacles associated with name clots, pancreatitis hepatitis, and other changes, the Ministry of Health has conditions (KULICK, p. 66, 1998;

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WINTER & DOUSSANTOUSSE, p. 6, possess the economic means to pursue 2009). such operations, and therefore more The Ministry of Health offers free frequently undergo unsupervised reconstructive surgeries to trans medical procedures. people through the Sistema Único de Lastly, research indicates that Afro- Saúde (Brazilian Public Healthcare descendant trans women are also System—SUS). However, current subject to severe disparities in terms regulations require patients to receive of access to mental health services. A a stigmatizing psychiatric diagnosis of report by the Red Latinoamericana y Gender Identity Disorder, in addition del Caribe de Personas Trans (Latin to having to receive approval from a American and Caribbean Network of public judge (CARVALHO, p. 120, Trans Persons—REDLACTRANS) on 2010). The process contributes to the trans human rights defenders in Latin continued psychiatric misclassification America highlighted mental health as a of trans people who seek medical primary challenge for the region’s interventions as mentally ill (OPEN trans population, resulting from SOCIETY FOUNDATIONS PUBLIC pervasive social exclusion, HEALTH PROGRAM, p. 23, 2013), and discrimination and violence subjects them to a number of (REDLACTRANS, p. 18, 2012). unnecessary barriers to attaining Furthermore, psychological experts in optimal standards of mental and Brazil note that the general Afro- physical health (OPEN SOCIETY descendant population is subject to FOUNDATIONS PUBLIC HEALTH increased mental health issues, PROGRAM, p.14, 2013). resulting from discrimination, economic marginalization, and limited Those who choose to undergo this access to public mental health services process wait years to receive (SILVA, p. 130, 2004). governmental approval, and are subjected to extensive logistical delays Although very limited research has due to the select number of Brazilian been conducted on trans mental hospitals that have medical health issues in Brazil, psychological practitioners trained to conduct studies in the United States have reconstructive surgeries (AMORIM, shown that trans people of color are at 2012). A small percentage of wealthier an increased risk for various mental trans women are able to travel abroad health issues due to the compounded or pay for reconstructive surgeries effects of racial and gender-based with private physicians, estimated to discrimination and violence cost approximately R$30,000 Brazilian (GOLDBLUM, ET AL, p. 469, 2012). For reais or $15,000 U.S. dollars (AMORIM, example, the 2011 National Trans 2012). Nonetheless, Afro-descendant Discrimination Survey identified trans women who wish to undergo elevated levels of mental health issues reconstructive surgeries rarely and medical illnesses amongst African

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American trans respondents when –Alessandra Ramos, Coordinator, Grupo compared to white trans respondents. Pela Vidda Rio de Janeiro These included increased rates of attempted suicide, HIV infection, So, that’s the way it is. We do not have smoking, drug and alcohol use, and access to health care… that is also not refusal to seek medical attention due right. So I tell myself, ‘It’s the right to medical bias (NATIONAL CENTER thing to do. I will take my treatments, FOR TRANS EQUALITY, pp. 81-84, take my little medicine, and visit the 2011). doctor. That’s it!’ But you schedule an appointment this year, or another year, I suffer every day, I have problems, I that’s how the appointments are. You [developed] bipolar disorder [after schedule something this week, it will be facing daily discrimination], you know, next week. No, it’s a month, two and I have depressed feelings. And I months—maybe you’ll finally get an used to say that I’m a caviar in a can of appointment after three months. Then sardines, you know, because it’s like, it’s it it’ll take another three months to get like. I suffer every day, every day I see your test results. And then you realize, people’s looks. As I said, I really don’t it’s been a year already, two years, and understand hatred! And it makes me you still haven’t done the damn exam. cry sometimes, because I don’t want it, I Because you didn’t go that day since don’t like it, and I don’t understand it. I you didn’t have money for the bus, don’t, I cannot bear it. I cannot, I don’t right. And the girls who, the know. I don’t know why, I don’t know transvestites, the ones that “battle” how, I don’t know, I don’t know. (engage in sex work), they don’t take hormones! They get oil to put in their No, there is no health system. What bodies, because they need to work, you exists today is the SUS sex reassignment know. They use their bodies, they need process, and even then, there isn’t to fix up their bodies. They can’t wait adequate endocrinological research. for hormones. The hormones don’t produce adequate results. So for the girls, homemade –Lohany Veras, Coordinator for the remedies prevail, and they are even Rights of Transvestites, Transsexuals more effective. Because, I mean, these and Intersex People, Rede Nacional de things come from years and years of Negras e Negros LGBT people and people conducting hormonal treatments, and I trust them. I began undergoing these in-home 7. Lack of Legislative Protections: treatments, even though at the time I could have accessed contraceptives and The Brazilian Constitution outlaws hormones from the pharmacy. racial discrimination and protects the cultural and religious rights of ethnic minorities, granting Afro-descendant

Page | 22 trans women important protections. legislation to promote the rights of The law also grants the federal Afro-descendants and LGBTI people. government the authority to condemn individuals who commit acts of racial Legislation entitled PL 5002/2013 violence and discrimination to prison seeks to establish a comprehensive sentences (SECRETARIA ESPECIAL DE gender identity law, and was POLÍTICAS DE PROMOÇÃO DA introduced to the Chamber of Deputies IGUALDADE RACIAL, p. 8). However, in February 2013 (CÂMARA DOS despite its progressive stance and DEPUTADOS, 2013). The law would legal protections for the promotion of guarantee public recognition and racial equality, Brazil does not possess protection of gender identity and any federal legislation to protect the gender expression, permit individuals rights of LGBTI people. Specifically, no to legally change their name in all law exists to recognize and protect public registries and identity gender identity or expression. documents without requiring medical Moreover, there is currently no or psychological evaluations, and legislation which prohibits acts of grant free access to desired surgical discrimination or violence committed and hormonal interventions through on the basis of sexual orientation and the Sistema Único de Saúde (Brazilian gender identity. Public Healthcare System—SUS), without requiring judicial approval or This legal vacuum permits vast abuse, psychological evaluations (WYLLYS & impunity, violence, discrimination, and KOKAY, pp. 1-4, 2013). The legislation extensive legal and medical obstacles currently awaits a committee for Afro-descendant trans women and assignment from Congressional the general LGBTI population. A series leadership, and has no projected of legislative proposals have been timeline for a full vote within the introduced to the National Congress to Chamber of Deputies. address these issues, yet they are often faced with strong opposition and Additional legislation, PLC 122/2006, excessive bureaucratic barriers which seeks to criminalize acts of violence inhibit their passage and and discrimination committed on the implementation. Most notably, the basis of sexual orientation and gender recent appointment of Deputy-Pastor identity, by expanding existing Marco Feliciano (Partido Social constitutional provisions on racial Cristão—São Paulo) as chair of the discrimination (SENADO FEDERAL, p. Chamber of Deputies’ Comissão de 1, 2011). In a 2012 national survey on Direitos Humanos e Minorias penal code reform, 77 percent of (Committee on Human Rights and respondents said they were in favor of Minorities—CDHM), is seen as a direct the bill’s provisions (GOMIDE, 2012). obstacle to the advancement of any The bill has been pending approval since its introduction to the National

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Congress in 2006, yet it has never Constitution, Justice and Citizenship— received a committee vote from the CCJ)(BRANDÃO, 2012). Comissão de Direitos Humanos e Legislação Participativa do Senado Additional legislation, known as PL (Senate Committee on Human 4211/2012, would legalize collective Rights—CDH). Committee members sex work practices, guarantee have opposed a vote in citing concerns payment for sexual services granted to of infringement upon religious clients, prohibit sexual exploitation of freedoms. Senator Paulo Paim, Senate minors and sex workers, and extend Human Rights Committee President existing employment and retirement and the bill’s lead sponsor, plans to benefits to sex workers (WYLLYS, bring the legislation to a committee 2012). The bill currently awaits vote in 2013 (GOMIDE, 2012). evaluation and sponsorship Nonetheless, the bill continues to face assignment from the Comissão de strong opposition from several Direitos Humanos e Minorias (Chamber committee members, and there is no of Deputies’ Committee on Human projection of when a full Senate vote Rights and Minorities—CDHM), and may be held. there is no projected timeline for when it may be granted a full vote in Furthermore, several proposals have the Chamber of Deputies. been introduced to extend legal protections to trans women and sex In addition to the barriers to passing workers. Specifically, PLS 658/2011 protective legislative measures, a would permit trans individuals to number of proposals which seek to change their name on identity infringe upon the limited rights of documents without requiring them to LGBTI individuals have recently been receive judicial approval. Under the introduced or approved on both state law, individuals would be required to and federal levels. Introduced in 2011 undergo reconstructive surgeries and and debated by the Chamber of to provide corresponding medical Deputies’ Comissão de Seguridade documentation in order to be granted Social e Família (Committee on Social permission to legally change their Security and Families—CSSF) in name on identity documents (SENADO December 2012, legislative decree FEDERAL, p. 1, 2012). The bill has PDC 234/11 seeks to revoke a 1999 been approved by the Comissão de provision established by the Conselho Direitos Humanos e Legislação Federal de Psicologia (CFP–National Participativa do Senado (Senate Council of Psychology), which bans Committee on Human Rights—CDH), practitioners from conducting sexual but still awaits approval from the “conversion” therapies on LGBTI Comissão de Constituição, Justiça e patients (NEVES, 2012). The Council’s Cidadania (Senate Committee on president, Humberto Costa Verona, defended the existing provision,

Page | 24 noting that it adheres to international would be regulated and executed. standards established by the World Although it remains unclear how the Health Organization, which revoked law may be enforced, it is important to homosexuality from its classification monitor its implementation, as well as as a mental illness in 1991. the introduction of similar statutes in Furthermore, Verona referenced Law other jurisdictions throughout Brazil. 5766/71, which established the Council and granted it “unique, Due to the prejudice against them, this supreme power” to define norms and group is the most vulnerable. LGBT regulations for psychological rights cannot be exclusively about practitioners (NEVES, 2012). If passed outlawing [acts of violence and by Congress, the decree would directly discrimination committed on the basis violate Law 5766/71 by overturning of sexual orientation and gender an independent provision enacted by identity]. We can’t assume that our the Federal Council on Psychology via rights will simply be guaranteed once Congressional decree, and it would homophobia has been criminalized and also oppose existing international because we all face the daily effects of mental health standards regarding homophobia. No, we have to demand sexual identity. other rights, which guarantee our civic participation. The Executive has to Local and state governments have develop and coordinate policies across begun to introduce public decency and the state and municipal levels. Black morality laws, identified by the transvestites have a place in society and REDLACTRANS report on trans human our policies need to reflect that. rights defenders as a tool “used for making arbitrary arrests on grounds –Jean Wyllys, Federal Deputy (Partido of sexual orientation or gender Socialismo e Liberdade—Rio de identity or expression Janeiro), Coordinator of the Mixed (REDLACTRANS, p. 16, 2012).” Parliamentary Caucus for LGBT Recently, Governor Sérgio Cabral of Citizenship and Member of the the State of Rio de Janeiro enacted a Parliamentary Caucus in Defense of “Morality and Good Customs Law,” Human Rights with the intention of “promot[ing] the rescue of citizenship, strengthening of human relations, and the V. Conclusion [appreciation] of family, schools and communit[ies] (VASCONCELLOS,

2013).” Questioned on how the law Countless challenges continue to face would be implemented, Rio de Janeiro Afro-Brazilian trans women, but their State Secretary for Social Assistance struggles will no longer go unheard. and Human Rights, Zaqeu Teixeira, Advocates such as the brave women responded that he was unsure how it who selflessly shared their personal Page | 25 accounts for this report have made rights of its constituents without tremendous progress in advancing broader government and civil society their rights and those of others. support. A comprehensive response to Despite their tireless efforts, a these issues will require the creation response to the specific challenges of an Afro-descendant trans women’s facing Afro-Brazilian trans women movement, and the strengthening of remains severely underdeveloped. existing intersectional efforts aimed to Discrimination and violence against promote and protect the rights of Afro-descendant trans women exist as Afro-descendant LGBTI people. a culmination of deeply seated intersections of racism and The Brazilian government has also transphobia. They manifest provided negligible support to ensure themselves in particularly brutal that the rights of Afro-descendant forms, represented by the near- trans women are upheld. Officials are constant flows of violence, humiliation notably constrained by the increasing and exclusion that Afro-descendant political influence of fundamentalist trans women are constantly subjected religious groups which vehemently to. Acts of violence committed against oppose the rights of LGBTI people and this population are particularly cruel, often undermine the rights of Afro- often involving psychological abuse descendants. Nevertheless, they and sexual violence, and they are operate with severely limited frequently manifested in public spaces knowledge of the experiences of Afro- where they are showcased to the descendant trans women, and have general public. done little to promote the rights of LGBTI Afro-descendants. Despite the severe abuses facing Afro- Brazilian trans women, their struggle It is our hope that the findings remains largely invisible. There is developed in this report may serve to currently no political movement better inform the efforts of all dedicated exclusively to the promotion individuals working to address the and defense of the rights of Afro- rights of Afro-descendants and LGBTI Brazilian trans women. In addition, the people in Brazil, and to encourage a general Afro-descendant LGBTI deeper commitment to promote and population remains severely defend the rights of Afro-descendant marginalized within Brazilian political trans women. Specifically, we hope for activism, and enjoys tepid support increased collaboration between Afro- from both the mainstream LGBTI and descendant, women’s, and LGBTI Afro-Brazilian movements. The Afro- groups, as well as a more engaged descendant LGBTI movement is a government response in advancing the small and nascent effort that lacks the rights of Afro-descendant trans funding, public support, and resources women. to sufficiently advocate and defend the

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Protected under domestic and violations against LGBTI people. international laws, Afro-descendant  Develop concise actions to respond trans women are legally entitled to the to human rights violations against rights to express gender identity, Afro-descendant trans women and access health care, employment, and Afro-descendant LGBTI people. education, and to be protected against  Collect information on victims’ violence and discrimination. The race, sexual orientation and gender Brazilian government must act to identity in all public surveys, guarantee, promote, and protect these hotlines and forums. most basic freedoms. Below, we provide specific recommendations to Recommendations to the Secretariat both the Brazilian government and for the Promotion of Racial Equality: civil society on how these objectives may be feasibly achieved.  Include specific objectives for Afro- descendant trans women and LGBTI Afro-descendants in all VI. Recommendations initiatives to address racial and gender-based discrimination.  Provide educational trainings to federal officials on issues Recommendations to the President pertaining to Afro-descendant of Brazil: trans women and LGBTI Afro- descendants.  Condemn all incidents of  Develop public campaigns and discrimination, violence, and educational materials to inform the human rights violations against Brazilian public on issues of Afro-descendant trans women and discrimination and violence against LGBTI Afro-descendants. Afro-descendant trans women and  Coordinate federal agencies to LGBTI Afro-descendants. develop a revised federal inter-  Conduct research on agency plan to address discrimination and violence against discrimination and human rights Afro-descendant trans women and violations against LGBTI people. LGBTI Afro-descendants. Include specific objectives to  Create a permanent category for address issues facing Afro- organizations representing LGBTI descendant trans women and Afro-descendants within the LGBTI Afro-descendants. Conselho Nacional de Promoção da Recommendations to the Secretariat Igualdade Racial (National Council of Human Rights (SDH/PR): on Racial Discrimination—CNPIR).

 Record, investigate, and publicly condemn all human rights

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Recommendations to the National  Collaborate with state and Congress: municipal public security entities to train police officers on how to  Pursue immediate passage of PL adequately prevent, respond to, 5002/2013 and PLC 122/2006 to and investigate human rights guarantee State recognition and violations against LGBTI people. protection of gender identity and  Collaborate with state and gender expression, and to prohibit municipal public security entities acts of discrimination and violence to develop specialized police units committed on the basis of sexual for the protection of LGBTI people. orientation and gender identity.  Permit trans women in public  Evaluate passage of additional housing institutions, including legislation which would provide hospitals, mental health fundamental protections to Afro- institutions, prisons, and shelters, descendant trans women, sex to be accommodated in women’s workers, and the general LGBTI facilities to prevent discrimination population, including PLS and physical and/or sexual 658/2011 and PL 4211/2012. harassment.  Prevent passage of legislative decree PDC 234/11 which would Recommendations to the Ministry of directly violate Brazilian Law Education: 5766/71 and reverse existing mental health standards.  Develop and distribute educational  Prevent passage of “morality laws” materials to schools, educators and and other provisions which would students on violence and infringe upon the constitutional discrimination against LGBTI freedoms of LGBTI people. people; include specific information on discrimination Recommendations to the Ministry of against LGBTI Afro-descendants. Justice:  Incorporate educational materials on the history and culture of LGBTI  Investigate, condemn and Afro-descendants into school prosecute all incidents of curricula. discrimination, violence, and  Provide incentives to develop human rights violations against academic research on Afro- Afro-descendant trans women and descendant trans women and LGBTI people. LGBTI Afro-descendants within  Provide comprehensive trainings educational grants pertaining to to officials at all levels of the issues of race, gender, and judiciary and public security sexuality. systems on the rights and identities  Provide continuing education, of trans people. vocational training, and adult

Page | 28

literacy training opportunities to  Encourage and train the Afro- Afro-descendant trans women. descendant women’s movement to promote, defend, and protect the Recommendations to the Ministry of rights of Afro-descendant trans Health: women.

 Encourage and train the LGBTI  Provide training to health care movement to promote, defend, and providers on how to effectively protect the rights of Afro- communicate with and provide descendant trans women. treatment and follow-up to trans  Promote collaboration between women. organizations working to defend  Educate health care professionals the rights of Afro-descendants, on use of, and facilitate access to, women and LGBTI people. Train gender transition procedures, these organizations to develop including cross-gender hormonal advocacy on issues pertaining treatment, non-industrial silicone specifically to Afro-descendant applications, and reconstructive trans women and LGBTI Afro- surgeries. descendants.  Include specific objectives to  Present documentation of human improve the health standards of rights violations and Afro-descendant trans women recommendations regarding Afro- within efforts to address health descendant trans women and disparities amongst Afro- LGBTI Afro-descendants to the descendant women. Conselho Nacional de Combate à  Expand and improve access to Discriminação/LGBT (National mental health services for Afro- Council on LGBT Discrimination– descendant trans women, and the CNCD/LGBT), the Conselho broader Afro-descendant and Nacional de Promoção da Igualdade LGBTI populations. Racial (National Council on Racial  Create specialized health care Discrimination—CNPIR), the Inter- centers for LGBTI people. American Commission on Human Rights (IACHR) and the UN Office of Recommendations to civil society the High Commissioner for Human organizations and international Rights (OHCHR). funders:  Provide training to media personnel on how to appropriately  Support the creation of an Afro- provide coverage of acts of descendant trans women’s discrimination and violence movement to promote, defend, and committed against LGBTI people protect the rights of Afro- and Afro-descendants. descendant trans women.  Advocate inclusion of sexual orientation and gender identity

Page | 29

within federal affirmative action  Direct the Rapporteurship for the employment and educational Rights of Afro-descendants and policies. against Racial Discrimination to  Provide assistance to Afro- incorporate the rights of LGBTI descendant LGBTI victims of grave Afro-descendants, including Afro- human rights violations who wish descendant trans women, into all to seek political asylum. reports, investigations, and resolutions. Recommendations to the Inter-  Direct the Unit on the Rights of American Commission on Human Lesbian, Gay, Bisexual, Trans, and Rights: Intersex Persons to incorporate the

rights of LGBTI Afro-descendant,  Direct the Rapporteurship on the including Afro-descendant trans Rights of Women to incorporate women, into all reports, the rights of trans women, investigations, and resolutions. including Afro-descendant trans  Release a comprehensive report on women, into all reports, the status of LGBTI persons in the investigations, and resolutions. Americas.

Page | 30

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