Colombia: LGBTQ+ Youth Faces Discrimination, Bullying, and Institutional Harassment 

by Juliana Martínez* 

Group of demonstrators in Colombia for LGBTQ+ rights / Erick Morales / Sentiido / Creative Commons License

Despite significant progress in laws advancing their rights, Colombia’s LGBTQ+ youths face systemic hostility and receive little support from the institutions that are supposed to help them, leading to higher mental health issues and reduced academic achievement. Surveys by the Colombian Sentiido Foundation – receiving 1,555 and 3,246 responses from LGBTQ+ youth in August-September 2021 – provide a comprehensive picture of their lives, experiences, needs, and support networks. 

Despite the most progressive legal protections in Latin America, the public record and various comprehensive studies show that LGBTQ+ people in Colombia continue to experience widespread discrimination and violence – including bullying, verbal harassment, mean rumors, and physical assault – that make them feel unsafe. Ninety-eight LGBTQ+ people were murdered in Colombia in 202021. 

  • Colombia’s highest judicial body, the Constitutional Court, has established strong precedents that explicitly protect sexual orientation and gender identity from discrimination. Gay couples can get married and enjoy the rights of straight couples. While the country does not have a comprehensive gender identity law, trans people can change their name and sex marker on all official documents freely. The Court has shown a strong anti-discrimination stance with a series of rulings protecting students as well. 
  • Despite this, LGBTQ+ youth suffers on many levels. Sentiido’s surveys confirmed that young LGBTQ+ Colombians experience harassment, bias, and discrimination in school and other aspects of their lives. Ironically, the Sentiido study found that, rather than being the solution, adults are often part of the problem – failing LGBTQ+ youths in school, home, and even churches. Teachers, parents, and other adults in positions of responsibility often press youths into therapies and treatments to make them conform to traditional models rather than prosper as they are. Eighty-seven percent of LGBTQ+ youths have heard homophobic or transphobic comments from family members, and almost one in five reports having been physically punished by parents for their sexual orientation or gender identity. 

Regarding school climate, more than half report they feel unsafe in school and were cyber-bullied at home, causing more than a third of them to miss at least one day of class a month. More than 90 percent hear homophobic remarks at school, and 75 percent report being verbally harassed based on sexual orientation, gender, gender expression, and race or ethnicity. Thirty percent have been physically harassed (e.g., shoved or pushed). Some 87 percent feel deliberately excluded by other students. 

  • Most students (65.5 percent) reported hearing homophobic remarks from school staff. Teachers’ and administrators’ unwillingness to create a safe environment, such as by discouraging peer meanness, create an impression of condoning the abuse. Almost 15 percent of youths taking the survey reported facing disciplinary processes for being LGBTQ+ despite laws explicitly prohibiting it. 
  • When students reported incidents, moreover, staff usually did not help. Less than a fifth reported that school personnel intervened most of the time or always. (Peers were much more reliable in assisting.) As a result, almost seven in 10 students never reported incidents to staff. 

Youths facing such challenges without reliable support networks, affirming resources, and safe spaces endure stresses that negatively impact their mental health and academic achievement – consequences that are visible in rates of attempted suicide and school absences. These data, however, can help responsible people make institutions more responsive. Almost 70 percent of LGBTQ+ youth think things will be better in the future, apparently because they see the obvious solutions that adults can adopt. 

  • The same questionnaires that paint vivid pictures of the problem also show the way ahead to improvements, starting with adherence to the law. The surveys show that youths who receive positive info about LGBTQ+ people, history, and events – although a minority – have the best outcomes in terms of mental health, a feeling of belonging, and school attendance. Schools with explicitly inclusive policies have more successful staff intervention when problems arise.  
  • Online materials and activities can help as sources of information, but they’re not a substitute for person-to-person interaction. The unsupervised way in which youths navigate online spaces can put them at risk or confuse them. The Sentiido surveys show that inclusion, acceptance, and personal contact are the elements, denied to most LGBTQ+ youths today, that will most help all Colombian youth, including LGBTQ+ youth, thrive. 

*Juliana Martínez  is the Research Director of Sentiido and an Associate Professor at the Department of World Languages and Literatures at American University. Her recent book, Haunting Without Ghosts, Spectral Realism in Colombian Film, Literature and Art, is the winner of the William M. LeoGrande Award for the best scholarly book or article on Latin American or Latino Studies published by a member of the American University community in 2020–2021. 

Latin America: Lessons Learned from Abortion Rights Struggle

by Brenda Werth and Katherine Zien*

A protestor tying green scarves to a fence at a pro-abortion demonstration in Argentina / Fotomovimiento / Flickr / Creative Commons license

With the U.S. Supreme Court apparently poised to strike down Roe v. Wade, U.S. supporters of women’s reproductive rights could learn from the strategies of their Latin American counterparts, who have made important advances even if they still feel they must struggle for implementation. The decision will put the United States out of step with global progress being made in sexual and reproductive rights, according to the Secretary General of Amnesty International. In the last 25 years, around 50 countries have increased legal access to abortion. Latin America, a traditionally Catholic region, has been at the forefront of decriminalizing and legalizing abortion rights.

  • In 2012, Uruguay legalized abortion of fetuses up to 12 weeks. In January 2020, Argentina became the largest Latin American nation to legalize abortion, allowing pregnancies to be terminated up to 14 weeks. Mexico followed suit and decriminalized abortion in September 2021, and in February 2022, Colombia decriminalized abortion up to 24 weeks. Chile, if its new Constitution is approved, will be the first country in the world to make abortion a constitutional right. While abortion rights are more limited in 10 countries in Latin America and the Caribbean, these represent major strides forward.

The progress in Latin America comes on the heels of a revolution in gender and sexuality rights across the region catalyzed by feminist mobilization against gender violence and femicide in movements and street protests such as NiUnaMenos (Argentina), Un Violador en tu camino (Chile), and NiUnaMás (México). Abortion rights – framed as crucial to protecting reproductive health – were integrated into a preexisting human rights framework. Feminist groups have argued that the prohibition of access to legal and safe abortion is an act of gender violence.

  • The path toward legalization is clearest in Argentina, where a human rights culture created initially by groups like Madres de Plaza de Mayo during the last dictatorship (1976-83) led to feminist movements such as NiUnaMenos and the Marea verde (Green Tide), symbolized by the green handkerchiefs donned by supporters of the Campaign for Legal, Safe and Free Abortion. The Campaign also used inclusive language to expand the definition of those entitled to abortion rights to include anyone capable of gestation, including gender non-conforming individuals. The struggle has also been intergenerational (Barbara Sutton, “Intergenerational Encounters”). Sometimes referred to as the “revolución de las hijas” or “las pibitas,” a young generation including high schoolers took to the streets and transformed public spaces and social perceptions of abortion rights in Argentina.
  • Abortion rights in Argentina thus intersected with progressive legislation on gender and sexuality rights. In 2020, President Alberto Fernández, who described abortion as “a matter of public health” during his campaign, introduced the bill in Congress legalizing abortion. His predecessor, conservative President Mauricio Macri (2015‑2019), had allowed the bill to be debated in Congress, and before him, left-wing President Cristina Fernández de Kirchner (2007‑2015) supported progressive legislation on sexual and gender rights even though she refused to support abortion reform because of personal views.

The “doble militancia” (Debora Lopreite, “The Long Road”) – the popular mobilizations and political coalition-building pushing for reproductive rights as issues of human rights, public health, and social justice – contributed to Argentina’s landmark law. Activists continue to be vigilant, however, as abortion access has been hindered by opponents and the high percentage of doctors, particularly in the northwest provinces, who declare themselves “conscientious objectors.”

  • Argentina’s path has been very different from that of the United States. The right to abortion in the United States was nested within the umbrella of privacy rights and became a federal policy via the judiciary rather than the legislature. U.S. activists have not strategically framed it as a human right firmly in the context of public health and social justice. To achieve lasting change, they could shift discourse away from abortion as a single issue, an anti-religious position, or an abstract philosophical debate, and situate it firmly in the context of public health and social justice. Grassroots social mobilization across generations, strategic coalition-building, and transversal relationships between activists and policymakers don’t guarantee irreversible change, but they are more reliable drivers of change than the shifting political winds affecting Supreme Court justices.

June 9, 2022

* Brenda Werth is an Associate Professor of Latin American Studies and Spanish at American University. Katherine Zien is an Associate Professor of Drama and Theater at McGill University

Venezuela: Is “Responsibility to Protect” a Way to Go?

By Andrei Serbin Pont*

Juan Guaidó in Washington, DC, February 2020./ Flickr/ Creative Commons License

Venezuelan opposition leader Juan Guaidó’s recent call on the United Nations to invoke its “responsibility to protect” (R2P) norm to remove Nicolás Maduro and protect the Venezuelan people was a bold, even sophisticated, diplomatic gambit but has little chance of bearing fruit. Guaidó – recognized as Venezuela’s President by some 50 countries – did not speak officially to the UN but used the virtual format, in place because of the pandemic, to create the appearance among his constituents and international allies that he was addressing the UNGA.

Guaidó’s call for R2P was different from his previous appeals for restoring democratic institutions and advancing peaceful means to displace Maduro. He argued that the international community had a responsibility to invoke the R2P norm, endorsed by all UN member states in 2005, to safeguard the millions of Venezuelans living under Maduro’s rule. He said the international community must contemplate it as a strategy for what happens once all diplomatic measures are exhausted, a reference to preparations for taking “collective action, in a timely and decisive manner,” as outlined in paragraph 139 of the UN’s 2005 World Summit Outcome Document. Appealing to the so-called “grey states,” those skeptical but not opposed to the R2P doctrine, Guaidó argued that the diplomatic, humanitarian, and other peaceful means of effecting regime change in Venezuela taken so far have had no effect.

  • Guaidó further argued that “crimes against humanity,” as documented last month in a 400-page report by an independent fact-finding mission appointed by the UN Human Rights Council, meet the criteria for R2P action. The mission found “patterns of violations … that were highly coordinated” by Venezuelan authorities, including targeted repression, political assassinations, extrajudicial killings, human rights violations in the context of social protests, arbitrary detentions, lack of due process, and torture and inhumane treatment – all actions that are mainstream subjects of debate for the human rights and R2P community at the UN.
  • Even more bold was Guaidó’s reference to national sovereignty as a normative cornerstone of R2P, which embraces the idea of “sovereignty as responsibility” – rather than unrestricted respect for national sovereignty and the uncompromising defense of non-intervention.

Guaidó’s invocation of R2P will not prevail however articulate his arguments. From a purist perspective, R2P can only be invoked if it follows the UN Charter, which would require the international community, specifically the UN Security Council, to approve the use of force – a very remote possibility. Some experts may argue that R2P could be utilized outside the UN framework, especially if debate is systematically blocked by Russia and China, but the reality is that only one country has the capacity to intervene militarily in Venezuela, and that country – despite occasionally bellicose rhetoric – seems unlikely to do so. Even if the United States were to try it, the international community, including those which followed Washington’s lead in recognizing Guaidó 20 months ago, are highly unlikely to embrace the logic for what would probably be an invasion and prolonged occupation.

  • Guaidó’s effort, however, was not a total bust.  He may have advanced a secondary purpose by drawing attention away from questions of his own legitimacy and placing the onus on Maduro to demonstrate his own legitimacy and responsibility for protecting the Venezuelan people.

October 21, 2020

* Andrei Serbin Pont is an international analyst and director of the CRIES regional thinktank.

OAS: Almagro’s Veto of IACHR Executive Secretary Threatens Commission’s Independence

By Bruno Boti Bernardi, Isabela Gerbelli Garbin Ramanzini, João Roriz, and Matheus de Carvalho Hernandez*

Regular Meeting of the Permanent Council. From left to right:
Paulo Abrão, Executive Secretary of the Inter-American Commission on Human Rights; Luis Almagro, OAS Secretary General./ OEA – OAS/ Flickr/ Creative Commons License

OAS Secretary General Luis Almagro’s decision to block a second term for Inter-American Commission on Human Rights (IACHR) Executive Secretary Paulo Abrão – citing allegations of mismanagement – is undermining the organization’s autonomy by rejecting the unanimous vote of its Commissioners and ignoring the views of human rights advocates throughout the region. Despite Abrão’s strong reputation, Almagro on August 25 stated the man was unfit to remain on the job.

  • During Abrão’s first term as Executive Secretary (beginning in 2016), the Commission was at the forefront of a number of thorny problems in the region, including U.S. handling of migration, indigenous and environmental causes in Brazil, democratic guarantees in Venezuela and Nicaragua, U.S. police violence, and others. Supporters also credit him with launching institutional transformations and modernizations. Recognizing Abrão’s leadership, the Commission’s seven members in January unanimously approved a second term for him, which would begin last month.
  • Almagro said his veto of Abrão’s reappointment was based on a supposed confidential report stating 61 “functional complaints” against him, including “possible rights violations”. He also alleged that the Commissioners were derelict in not “clarifying the accusations,” which he said included “conflict of interest, differential treatment [favoritism], serious deterioration in the level of transparency of the processes, retaliations and violations of the code of ethics, impunity for sexual harassment accusations.”

Human rights advocates throughout Latin America have accused Almagro of inappropriate interference in the human rights body’s affairs. In one public letter, more than 300 organizations – many with strong records of activism against the sort of workplace and gender issues that Almagro raised – pointed out that the Secretary General violated the IACHR’s statute and longstanding practice requiring prior consultation with Commissioners before taking any personnel actions. They called for dialogue, respect for IACHR’s autonomy, and independent investigations into any allegations made against Abrão or the Commissioners.

  • Experts are also concerned that Almagro’s actions were driven by political factors, particularly his sensitivity to right-leaning governments’ discomfort with the Commission’s criticism. On Almagro’s watch, Argentina (under former President Mauricio Macri), Brazil, Chile, Colombia, and Paraguay in April 2019 issued a declaration demanding greater deference from the Commission to the states. Two months later, a block of critical governments tried to influence the election of Commissioners to favor a Colombian candidate (who lost).
  • Right-leaning governments have applied similar pressure on the Inter-American System and other international organizations – while Almagro was supportive or maintained public silence. The United States pushed hard to invoke the Inter-American Treaty of Reciprocal Assistance against Venezuela, a mutual defense treaty of 1947, and last week succeeded in using its influence to gain the election of its nominee as president of the Inter-American Development Bank, breaking a six-decade tradition of Latin American leadership at the institution. At the UN, U.S. President Donald Trump directed his country’s withdrawal from the Human Rights Council in 2018. The following year, Brazilian President Jair Bolsonaro launched broadsides against the High Commissioner for Human Rights, Michelle Bachelet, when she began speaking out about allegations of abuses in his country.
  • This is not an isolated episode in the IACHR’s history. In addition to the decades of military dictatorships’ resistance, the organization has weathered suspension of states’ payment of dues and even threats – sometimes fulfilled – of the withdrawal of states. In 2011, a controversial process of institutional reform prompted a budget boycott strategy led by some Latin American governments angry at what they considered to be unreasonable interference in domestic affairs.

UN High Commissioner Bachelet’s pledge two weeks ago to push for a solution to the impasse created by Almagro’s veto is key. For 61 years, the IACHR has been the only monitoring forum with oversight over all states in the region, whose main function has been to promote the observance and defense of human rights in the Americas, in accordance with Article 41 of the American Convention on Human Rights. Its Commissioners have worked closely with civil society and the victims of human rights violations, and taken steps to improve monitoring in ways that enhanced protection for the region’s historically marginalized populations. Experience has shown that the expansion of individual and collective awareness of human rights not only remedies violations on a case-by-case basis but also leverages the empowerment of citizens against violations by their governments.

  • These activities are all the more important in difficult times, such as created by the COVID-19 pandemic, during which political leaders’ temptation to resort to un-democratic means of governance can be intense. Protecting the IACHR’s independence and enhancing its ability to function without pressure from governments of any political stripe is essential to consolidating progress made in Latin American human rights and preserving space for more in the future.

September 15, 2020

* Bruno Boti Bernardi is a professor at the Federal University of Grande Dourados (UFGD). Isabela Gerbelli Garbin Ramanzini is a professor at the Federal University of Uberlândia (UFU). João Roriz is a professor at the Federal University of Goiás (UFG). Matheus de Carvalho Hernandez is a professor at the Federal University of Grande Dourados (UFGD).

Challenges to “Safe Country” Strategy in Central America Mounting

By Fulton Armstrong

San Ysidro

Processing at the San Ysidro Port of Entry/ U.S. Customs and Border Protection/ Flickr/ U.S. Government Works

Challenges to the U.S. government’s “Asylum Cooperation Agreements” (ACAs) with Central American countries – under which asylum seekers approaching the U.S. border are sent to camps in the Northern Triangle – are mounting fast, but the administration of President Donald Trump does not appear likely to budge significantly from its current approach. Under the threat of loss of $143 million in aid to the three Central American countries, Guatemala signed its agreement under former President Jimmy Morales last August; a similar accord with Honduras is to “come online any day,” according to U.S. officials; and El Salvador is also deep in negotiations. (Aid has been restored.) The ACAs stipulate that asylum seekers apply for asylum in the “first safe country” they enter after fleeing their own. As a result, the United States has sent about 800 persons of various nationalities to Guatemala.

  • Immigration and human rights advocates have condemned the agreements. They report that Guatemala – where most asylum seekers have been sent so far – lacks the ability to process them. Human Rights Watch recently reported, moreover, that individuals repatriated to El Salvador since 2013 – as envisioned by the ACAs – have been assassinated at an alarming rate. The group has confirmed 138 cases of individuals killed after deportation and another 70 beaten, sexually assaulted, extorted, or tortured.
  • The chairs of the U.S. House Committee on Foreign Affairs and relevant subcommittees (all Democrats) have called the ACAs “illegal, dangerous, and antithetical to U.S. values.” In a letter to Secretary of State Pompeo, they said that U.S. law requires that asylum seekers have “access to a full and fair procedure for determining a claim to asylum” – which the Guatemalan facilities lack. The Congressmen assert, moreover, that U.S. law requires adherence to international law on non-refoulement, which mandates that asylum seekers cannot be sent to a country in which they will face further persecution.
  • The workers’ union representing 700 U.S. asylum and refugee officers has declared that the agreements and the administration’s implementation of them are a “violation” of international treaty obligations. These are the career specialists on the front line charged with carrying out the policies. The Guatemalan government has raised its own concerns, citing its “very limited capacity” to process asylum-seekers sent there. Newly inaugurated President Alejandro Giammattei has never appeared comfortable with the ACA and has asked Washington for “clarifications” of his country’s obligations under it.

U.S. reaction so far has been to deny anything is wrong. Senior officials say that very few asylum seekers deported to Guatemala are applying for asylum there, with the vast majority instead choosing to return to their home countries. Citing experts, the U.S. congressmen say that less than 4 percent have “been able to seek protection through Guatemala’s overburdened system.” Others report that victims of violence in their home countries face similar prejudices in Guatemala.

  • Apparently to encourage potential asylum seekers to apply for U.S. visas, the administration on March 5 announced it is increasing H2‑B visas for non-agricultural workers this year, with 10,000 reserved for applicants from the Northern Triangle. But if H2‑B visas are issued along the same guidelines as other visas, U.S. consular officers will be required to deny them to applicants they have reason to suspect will try to remain in the United States – as all ACA cases have tried.

The ACAs are a key element of the Trump administration’s efforts to move the “wall” blocking asylum seekers as far off the U.S. border as possible, shifting the burden to the same Central American countries whose poverty, violence, and corruption are driving citizens to flee. However compelling the Foreign Affairs Committee’s arguments that the administration is violating U.S. law and values, the letter’s impact has been blunted by widespread perceptions that the novel coronavirus (COVID-19) is further proof that the United States needs to keep outsiders from entering the country. The Administration is also not swayed by the fact that the U.S. State Department’s own repeated warnings that U.S. citizens limit travel to Northern Triangle countries – because of widespread “violent crime … rape, and narcotics and human trafficking – contradict the assertion that the ACA partners are “safe countries.”

  • Guatemala’s call for “clarification” of implementation guidelines and talks on the final details of Honduras and El Salvador’s arrangements give the administration a chance to make cosmetic adjustments and, perhaps, promise more resources to the designated “safe countries.” But it has given no sign of reconsidering its overall approach. The Trump administration remains as committed as ever to addressing the migration problem by closing the U.S.’ door rather than addressing the underlying conditions in the region driving people to risk their lives to get to the United States. Central American analysts are already deeply concerned that the economic impact of the COVID‑19 pandemic (including 1 percent growth or less), coupled with USAID’s own budget cuts, spell reduced aid and a worsening of the vicious cycle of poverty that drives emigration and empowers illicit actors.

March 17, 2020

Why Are Chile’s Protests Continuing?

By Pablo Rubio Apiolaza*

protests in chile

Protests began in Chile October 2019/ Diego Correa/ Flickr/ Creative Commons License

Chile’s political agreement in November to hold a referendum on the country’s Constitution in April reduced protests for a while, but the underlying causes of discontent – deep-seated frustration among many Chilean citizens – continue to fester and drive an array of peaceful and violent protests. Since November, President Sebastián Piñera has promoted an aggressive social agenda, including raising the minimum wage and improving the pension system. A survey by the Center for Public Studies (CEP) in Santiago in early January, however, found that Piñera’s approval rating was around 6 percent – the lowest of any president since Chile’s return to democracy. By almost all accounts, distrust in the government and anger at the corruption of politicians and corporations remains deep. People want solutions “here and now” to many of their demands. Both peaceful and violent protests have continued through the traditionally quiet summer break.

The mobilizations are not as spontaneous as they were in October and November, according to many observers, but there’s little evidence of a conspiracy to disrupt the referendum agreement.

  • Trade unions and traditional social movements organized under the banner of the Mesa de Unidad Social have become important actors, but new activists have also emerged. The loosely organized “Primera Línea” (front line) has engaged in violent clashes with the Carabineros, mainly in Santiago. Anthropologist Magdalena Claude observed and interviewed some members of Primera Línea in January and called them the “ACAB clan,” borrowing an acronym popularized by British punk rockers proclaiming that All Cops Are Bastards. According to Claude’s research, the group is composed of young workers of the service sector, not members of political parties. They do not have a recognized leadership and organize in horizontal networks.
  • Some conservative Chileans are denouncing the protests as the result of “foreign intervention” and a “coup d’état” provoked by the “extreme left.” They cite as evidence a New York Times report on January 19 that the U.S. State Department estimated that nearly 10 percent of all tweets supporting the October protests originated with Twitter accounts that appeared to have links to Russia. Allegations of foreign intervention by Venezuela and other countries have been endorsed by Chilean Foreign Minister Teodoro Ribera and President Piñera. Neither the U.S. nor Chilean government has provided evidence to support any of these claims.

Damage to the government’s credibility and reputation since October seems likely to continue to embolden opponents in the runup to the referendum. Carabinero abuses have been verified and condemned by a host of observers, including Human Rights Watch, Amnesty International, the Inter-American Commission on Human Rights, and various Chilean organizations. The UN High Commissioner for Human Rights, led by former Chilean President Michelle Bachelet, has detailed “multiple allegations of torture, rape and other forms of sexual violence by the police against people held in detention.” More than 30 people have died in protests and, although the great majority of the tens of thousands of protestors detained have been released, anger over their arrest is fresh. The government has convened 15 experts to develop recommendations to reform the Carabineros – to enable them to move “forward with urgency the recovery of the public security with absolute respect for human rights” – but challenge of building public trust will be monumental.

  • A prestigious Chilean polling firm, Cadem, reported two weeks ago that 63 percent of the Chilean population approved of the protests and – importantly – 80 percent believe that Chile will be a better country after this critical situation. In any case, the plebiscite in April will take a place in an unstable context, with an uncertain outcome. For the Piñera administration, the challenges seem unlikely to abate, and pressures may surge when the school holidays end in March.

February 19, 2020

* Pablo Rubio Apiolaza is a historian, visiting researcher in the Department of History at Georgetown University, and researcher at the Library of Chilean Congress.

Mexican Migration Crackdown Creates a “Wall” Before the Wall

By Maureen Meyer and Adam Isacson*

A truckload of military police, wearing National Guard armbands, passes through central Ciudad Hidalgo

A truckload of military police, wearing National Guard armbands, passes through central Ciudad Hidalgo/ Adam Isacson, WOLA

Facing U.S. threats to impose potentially steep tariffs on Mexican goods last June, Mexico has adopted a series of measures along its southern border with Guatemala that, while somewhat effective at stopping the flow, seems a partial solution with high financial and political costs.

  • Mexican authorities’ apprehensions of migrants in June, after U.S. President Donald Trump tweeted his threats, reached 31,416. Captures that month and in July were three times greater than the same period in 2018. (The total of migrants and asylum-seekers apprehended by the United States and Mexico last year is estimated to be more than a million.)
  • Mexico deployed nearly 12,000 of its newly minted National Guard troops to the southern border states with Guatemala. Many identify themselves to visitors as “soldiers”; appear to have little (or no) specialized training for migrant interdiction; and wear military uniforms with black armbands that read “GN.” The Guard, however, has not reduced criminal activities against migrants. Local and international experts report that criminal elements assault, rob, rape and kidnap people transiting the area and prosecutors’ offices take little action to investigate these criminal attacks. Observers report that coyotes, working with corrupt officials, arrange safe passage for many migrants on designated “safe buses” for up to US$2,600 per person.
  • Local observers say the enhanced operations have largely shut down what was the most transited of the four main routes through which migrants have traveled in recent times, but some people are learning to take alternate routes through puntos ciegos (blind spots) where government patrols don’t often go and where risks for migrants can be greater. One such corridor, in central Chiapas, seems to continue to be exploited robustly.

The Mexican government has been reluctant to deal with the consequences of its acquiescence to Washington’s demands, according to numerous border-area observers. At its peak, the aggressive patrolling filled detention centers to far over capacity (some at 300 percent capacity) with poor health conditions and alleged mistreatment. Apart from the members of the National Migration Institute’s Citizen Council, officials have restricted independent monitoring of detention facilities by human rights groups and migration specialists. The country’s refugee agency is on the verge of collapse, yet the Mexican government has yet to allocate sufficient resources to it. Over the course of 2019, the Mexican Commission for Refugee Assistance (COMAR) received over 70,000 asylum requests – more than double in 2018 – but its 2020 budget is a mere US$2.35 million (4 percent of UNHCR’s budget for Mexico operations).

  • The U.S. push has put the administration of President Andrés Manuel López Obrador (AMLO) in a bind. On his first day in office, he signed a decree with Guatemala, Honduras, and El Salvador – from which the vast majority of migrants come – to address the underlying causes of the migration. Another agreement was reached with El Salvador, to fund programs to preserve and create jobs in agriculture. While the Mexican government has not left behind the focus on reducing the “push” factors of migration, it has been largely put on the back burner.

The Mexican government has put managing U.S. relations ahead of addressing the strategic migration problems it faces. It did not push back when the Trump administration announced it would be returning U.S.-bound asylum seekers to Mexico to wait for their hearings through the “Remain in Mexico” program, and under the threat of steadily rising tariffs up to 25 percent on Mexican goods, it has largely complied with nearly all U.S. demands. The results have been mixed, and the costs have been high.

  • Sources in the southern border region report that the National Guard deployment and other Mexican actions over the past seven months have reduced – although estimates range from “not very significantly” to “probably just around 30 percent” – the number of Central American migrants arriving in Mexico. Shelters are not as full as they were in mid-2019, but several remain very full. Data on other nationalities is sketchy, but anecdotal information indicates that Cubans, Haitians, and even Africans continue to find their way to shelters in the area.
  • In complying with U.S. demands, AMLO and his government have risked violating some of their fundamental stated values. AMLO had campaigned on independence, transparency and improved human rights, but the border deployments of the National Guard represent a further militarization of Mexico’s border security strategy – with a significant risk of human rights violations – and the detention of fearful Central Americans and extra-continental migrants in substandard conditions.

January 17, 2020

* Maureen Meyer is Director for Mexico and Migrant Rights at the Washington Office on Latin America (WOLA), and Adam Isacson is WOLA’s Director for Defense Oversight. The full text of their report is at The “Wall” Before the Wall: Mexico’s Crackdown on Migration at its Southern Border.”

The OAS and the Crises in Bolivia and Chile: Power Politics and Inconsistencies

By Stefano Palestini Céspedes*

Protests in Chile, October 2019

Protests in Chile, October 2019/ Carlos Figueroa/ Wikimedia Commons/ https://es.wikipedia.org/wiki/Archivo:Protestas_en_Chile_20191022_07.jpg

As political crises emerge one after the other in Latin America, the Organization of American States (OAS) is showing inconsistent behavior based on ideological rifts and power politics. This inconsistency – evidenced by the OAS’s role in the ongoing crises in Bolivia and Chile – undermines its mandate to protect human rights and democracy throughout the hemisphere.

In Bolivia, violence spread in the streets of various states after the opposition accused incumbent President Morales of manipulating the results of the October 20 elections. The OAS Electoral Mission reported possible irregularities, and both the Permanent Council and the Secretary General pressed the government to authorize an audit of the electoral procedures and a vote recount. Morales consented to both requests.

  • The same accusations of electoral irregularities were made two years ago in the Honduran presidential election, but a coalition of states headed by the United States swiftly recognized President Hernández – delegitimizing the OAS electoral mission and the Secretary General’s call for new elections. Those same countries have now pressed Morales, first for a recount of votes and later for new elections. When the OAS Electoral Mission confirmed the existence of electoral irregularities on November 10, the Bolivian military withdrew support for the government, prompting Morales’s resignation – an outcome radically different from that in Honduras.
  • Despite political violence and recurrent accusations by Morales of unconstitutional alterations to the constitutional order voiced by the Bolivian foreign minister at the OAS headquarters, neither the Secretary General nor OAS member states invoked the Inter-American Democratic Charter. President Morales did not explicitly invoke the Charter, thinking that the crisis would follow the same course as in Honduras, or that the military remained supportive. Either way, he was wrong.

In Chile, in contrast, the police have engaged in systematic violations of human rights since an unprecedented social uprising that started on October 18. Twenty-three people have been killed, 1,950 have been injured, and 180 have suffered eye injuries from rubber bullets fired upon protesters by police – many losing their sight. The Inter- American Commission on Human Rights issued a declaration regarding the violations of human rights during the State of Emergency imposed by President Sebastián Piñera in the aftermath of the uprising. But the OAS political bodies have remained silent.

  • Neither Secretary General Almagro nor the Permanent Council have issued a single declaration of concern or condemnation regarding the situation in Chile. Almagro has refrained from convening the Permanent Council or the General Assembly, but he has loudly claimed the existence of destabilization attempts organized by Cuba and Venezuela (which he called “Bolivarian breezes”). To be sure, issuing such a statement without providing evidence or convening the political bodies of the organization jeopardizes the credibility of the OAS and breeds conspiracy theories. In a recent interview, President Piñera also subscribed to the thesis of foreign intervention in Chile’s protests without providing any evidence. The Chilean Attorney General confirmed that the government has not provided any information about the action of foreign groups.

The inconsistency displayed by the OAS in the handling of the political crises in the region suggests that the OAS applies different standards to similar situations. In fact, the organization is split into two coalitions: a larger and stronger one composed of right-wing governments that embrace or accept the foreign policy of U.S. President Donald Trump based on a revival of the Monroe Doctrine; and a smaller, weaker one composed of states with leftist and centrist governments with an anti-imperialist or a non-interventionist rhetoric.

  • Breaches of democracy and human rights violations exist on both sides of the rift, but the OAS political bodies seem to focus only on the side that happens to be weaker. This is bad news for those that would like to see in the OAS an honest broker and mediator in political crises, no matter the ideological color or the power of the concerned state. If this trend continues, it is also bad news for the protection of human rights and democracy and for multilateralism in the region.

November 11, 2019

* Stefano Palestini Céspedes is an assistant professor at the Institute of Political Science, Catholic University of Chile.

The Arrival of #MeToo in Latin America

By Brenda Werth

#NiUnaMenos

#NiUnaMenos Protest in Neuquen / Flickr/ Creative Commons

The #MeToo movement – described frequently as a moment of reckoning in the societies it touches– is arriving in Latin America, but the region’s own #NiUnaMenos movement provides a superior model for driving awareness of violence against women.  Latin America has a deep history of activism against gender violence, including decades of organizing against feminicide at the U.S.-Mexico border and most recently the mass mobilizations of #NiUnaMenos in Argentina, Peru, Brazil, and Chile.  Two major cases have breathed life into the framework of #MeToo in the past three months: Argentine actress Thelma Fardín’s open denunciation in December of actor Juan Darthés for raping her on the set of the children’s show “The Ugly Duckling” when she was 16 years old; and most recently, the mounting accusations of sexual assault and misconduct against former Costa Rican President and Nobel Laureate Oscar Árias Sánchez.  In denouncing celebrities and politicians in positions of power, #MeToo in Latin America replicates the pattern of “toppling the powerful, not the ordinary.”

While the significance of bringing down the powerful and those who historically have seemed most immune from prosecution and public scrutiny should not be underestimated, the concern that #MeToo so far has had little effect in changing attitudes of the ordinary or holding the ordinary accountable is a valid one and presents a much bigger and strategically important problem.  New York Times writer Amanda Taub writes that “the movement has had little effect on the broader problem of sexual abuse, harassment and violence by men who are neither famous nor particularly powerful.” While addressing the broader problem of sexual abuse, holding perpetrators accountable, and implementing long term systemic change are central tenets to the original mission of #MeToo as envisioned by founder Tarana Burke, there is a sense that the movement’s adaptation and subsequent viralization have narrowed the movement to focus primarily on cases of sexual abuse with potential for media spectacularity.

  • The #NiUnaMenos movement in Latin America, on the other hand, offers concrete examples of how to address the broader problem of sexual abuse and gender violence at the grassroots level through open popular assemblies, rallies, demonstrations, collective performances, and social media. University of California Professor Alyson Brysk notes the importance of the grassroots organizing against gender violence that preceded #MeToo.  #NiUnaMenos was first introduced in 2015 by Argentine journalists, activists and artists who, outraged by the murder of 14-year old Chiara Páez by her boyfriend, announced a call of action via social media to build solidarity against gender violence and feminicide.  Cecilia Palmeiro, one of the movement’s founding members, says #NiUnaMenos embraces a “feminism from below” that is intersectional, transversal, and horizontal and engages with marginalized communities, with a revolutionary lineage of activism passed down from the Mothers, Grandmothers and other human rights groups.  In joining forces with the International Women’s Strikes, #NiUnaMenos makes the crucial link between gender violence and the forms of economic inequality and exploitation that affect women worldwide.

While #MeToo “jumps to countries across Asia, Europe, and Latin America,” the lessons of movements from Latin America such as #NiUnaMenos are indeed more valuable – and worth being studied by the United States and Europe. A hemispheric exchange of ideas, methods, and practices between movements such as #MeToo and #NiUnaMenos would help establish new networks of solidarity while drawing attention to the diverse challenges and questions that inform both movements and the contexts in which they emerged. Furthermore, mutual acknowledgment of the sophistication and potential international impact of these and other movements would help to dispel the notion that Latin America is “catching up” by finally grappling with #MeToo and would contest the familiar trope of knowledge dissemination from North to South.

March 8, 2019

* Brenda Werth is Associate Professor and Department Chair, World Languages and Cultures, at American University.

Seeking Rights from the Left

By Elisabeth Jay Friedman and Constanza Tabbush*

Image of colorful mural with diverse images of women. Text in the mural says: "It is time to act, no more sexual violence. No more impunity"

#TimeToAct Mural in La Paz, Bolivia, by artist Knorke Leaf/ ph: Shawnna Mullenax

The “Pink Tide” of left-leaning governments that came to power in Latin America at the beginning of the 21st century made a significant difference in the lives of women and LGBT people in the region, but its reliance on traditional gendered relations of power and strategic trade-offs among gender and sexual rights reduced its impact.  In a collaborative study we conducted with 12 other scholars from South and North America, we examined the issues of social welfare, political representation, violence against women, women’s bodily autonomy, and LGBT relationship and identity recognition across eight case studies – Argentina, Bolivia, Brazil, Chile, Ecuador, Nicaragua, Uruguay, and Venezuela.

  • We found significant progress under the Pink Tide. Most governments improved the basic economic conditions of poor women and their families, often through providing cash transfers.  In many cases, women’s representation in national legislatures advanced to some of the highest global ranks.  Some countries legalized same-sex relationships and enabled their citizens to claim their own gender identity.  They also opened up opportunities for feminist and queer movements to engage state actors and press forward their demands.

At the same time, many of these governments relied on heteropatriarchal relations of power – ones that privilege heterosexual men – thus ignoring, rejecting, or sidelining the more transformative elements of feminist, women’s, and LGBT advocates’ demands.  They also made strategic trade-offs among gender and sexual rights, such as promoting the rights of LGBT people or women’s political representation while denying reproductive health rights for women.  Moreover, the left’s more general political and economic projects have been profoundly, if at times unintentionally, informed by traditional understandings of gender and sexuality.  As a central example across most cases, not only did poor women’s unpaid care work fuel the much-celebrated social programs that reduced extreme poverty, but their unpaid community work undergirded the left political project as a whole.

  • The possibilities for gender and sexual justice seem to depend on institutional contexts as well as the organization and actions of collective actors seeking rights from the left. The degree of state institutionalization, particularly the effectiveness of checks on executive power, is critical in determining the ultimate impact of the left in power.  Moreover, the largely under-analyzed alliances that progressive political forces struck up with conservative religious ones in order to gain or hold onto power play a central role in determining the fate of policy issues – such as abortion – that touch traditional or cultural norms in Latin America.

As the pendulum swings back towards the right, the relationships among political and religious authorities which undergirded some of the challenges to gender and sexual justice under left governance appear likely to continue strengthening.  Indeed, insofar as right-wing nationalists and populists seek to redefine a national project as a counter to the ideals of the Pink Tide, they are deliberately targeting the ideas and people who seek to transform fundamental inequalities, such as those based on gender, sexuality, class, race, and ethnicity.  However, experiences under both the Pink Tide and the rise of the Right have led to alliances among those who continue to seek more just and equitable societies.  For example, consider the broad-based coalitions that undergirded massive mobilizations for legal abortion in Argentina and against Bolsonaro’s election in Brazil. 

February 4, 2019

*  Elisabeth Jay Friedman is professor of politics and Latin American studies at the University of San Francisco (on leave) and visiting scholar at the Interdisciplinary Center for the Study of Global Change, University of Minnesota.  Constanza Tabbush is research associate at Consejo Nacional de Investigaciones Científicas y Técnicas and the Interdisciplinary Institute of Gender Studies, University of Buenos Aires (on leave) and research specialist at UN Women.  Dr. Friedman edited and co-wrote the introduction of Seeking Rights from the Left: Gender, Sexuality, and the Latin American Pink Tide, published by Duke University Press and available here.  Dr. Tabbush co-wrote the introduction and the chapter on Argentina.