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INTER-AMERICAN COMMISSION ON HUMAN RIGHTS

SECOND REPORT ON THE SITUATION OF HUMAN RIGHTS DEFENDERS IN THE AMERICAS

 

Direct Link to Full 244-Page 2011 Report:

http://www.oas.org/en/iachr/defenders/docs/pdf/defenders2011.pdf

 

WOMEN HUMAN RIGHTS DEFENDERS - PP. 113 - 120

(Type Size of Full Report Download has larger type size, especially for footnotes.)

B. Women human rights defenders

280. At the regional and global levels, women’s right to live free of violence

and discrimination is universally recognized.575 Within the inter‐American system, the

States have recognized and specifically codified in law that women victims of human rights

violations have a right of access to justice. One prominent example are the provisions of

the “Convention of Belém do Pará,” which provides that every woman has the right to be

free from violence,576 to be free from all forms of discrimination, and to be valued and

educated free of stereotype patterns of behavior;577 the right to equal protection before

the law and of the law, and the right to a simple and prompt recourse to competent courts

when her rights are violated.578

574 The State reported that the objectives of the Agreement include: 1. develop strategies that serve to

solve the events; 2. to identify and punish the perpetrators of these violations and anyone who aids and abets

them; 3. to prevent crimes that violate union members’ human rights by adopting the necessary interinstitutional,

national and local programs and plans

575 The fact that the Inter‐American Convention on the Prevention, Punishment and Eradication of

Violence against Women (hereinafter the "Convention of Belém do Pará") has been ratified by more States than

any other instrument of the inter‐American system and that most States of this hemisphere have also ratified the

Convention on the Elimination of All Forms of Discrimination against Women ("CEDAW") and its optional protocol,

signals a regional consensus to the effect that gender‐based violence is an open and widespread problem

requiring State action to ensure its prevention, investigation, punishment and redress. IACHR, Access to Justice

for Women Victims of Violence in the Americas, paragraph 3 of the Executive Summary.

576 Article 3 of the Inter‐American Convention on the Prevention, Punishment and Eradication of

Violence against Women, “Convention of Belém do Pará”.

577 Article 6 of the Inter‐American Convention on the Prevention, Punishment and Eradication of

Violence against Women, “Convention of Belém do Pará.”

578 Article 4 of the Inter‐American Convention on the Prevention, Punishment and Eradication of

Violence against Women, “Convention of Belém do Pará”.

281. All women have a right to defend and promote human rights,579 including

the rights of women. In its resolution AG/RES. 2579 (XL‐0/10), the OAS General Assembly

recognized the work that women human rights defenders are doing within the region and

resolved to recognize that, in view of their gender‐specific role and needs and the

particular risks they face by virtue of the discrimination they have traditionally suffered,

women human rights defenders should be accorded special attention to ensure that they

are fully protected and effective in carrying out their important activities.580

282. In view of the perils that defenders of women’s rights face, as identified

by the Commission, in its 2006 report the Commission recommended that the States of the

region “[g]uarantee in particular the security of women human rights defenders whenever

they are at risk of attack through specific mechanisms because of their gender, and to

undertake measures to obtain recognition of the importance of their role within the

movement to defend human rights.”581

283. In various countries of the region, women defenders of women’s rights

continue to be especially vulnerable to human rights violations when compared to other

groups of human rights defenders. In addition to the discrimination that they suffer

because of their traditional role in society and the gender stereotypes attached to women,

their situation is made all the worse because the specific causes they champion expose

them to even greater peril.582 During the follow‐up period, the IACHR has continued to

receive numerous complaints of the violence that women defenders of women’s rights

suffer in patriarchal communities, where they endure degrading social stereotypes of their

sex life or are accused of undermining moral values or social institutions like the family.583

284. The vast majority of acts of violence committed against women go

unpunished, which merely perpetuates such violence and social acceptance of the

phenomenon. For example, during the in loco visit that the Rapporteurship for Women’s

Rights made to Ciudad Juárez, Mexico, it was discovered that only 20% of the cases of

murdered women had gone to trial and ended in a conviction.584 While the impunity that

attends the majority of cases of violence against women was already a matter of grave

579 Art. 7 of the Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society

to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms, March 1999. Available

at: http://www.unhchr.ch/huridocda/huridoca.nsf/(symbol)/a.res.53.144.en

580 OAS General Assembly, Human Rights Defenders: Support for Individuals, Groups, and

Organizations of Civil Society Working to Promote and Protect Human Rights in the Americas, approved at the

plenary session held on June 8, 2010.

581 IACHR, Report on the Situation of Human Rights Defenders in the Americas, recommendation 7.

582 Ibid., para. 227.

583 Ibid., para. 228. See also IACHR, Violence and Discrimination against Women in the Armed Conflict

in Colombia, OEA/Ser.L/V/II. Doc. 67, October 18, 2006.

584 IACHR, Access to Justice for Women Victims of Violence in the Americas, January 20, 2007, para. 20;

IACHR, The Situation of the Rights of Women in Ciudad Juárez, Mexico: the Right to Be Free from Violence and

Discrimination, OEA/Ser.L/V/II.117, Doc. 44, March 7, 2003.

concern, during the follow‐up to the 2006 report complaints were received concerning

murders of women human rights defenders who were killed for having been the driving

force behind the criminal cases prosecuted against men who violated other women’s

rights. Attacks of this kind not only affect the rights of the human rights defender in

question, but also the role that women human rights defenders play within democratic

systems; they also compound the problem of all the women victims of violence on whose

behalf the women human rights defenders work.

The IACHR has learned of various women human rights defenders who have been killed in

the state of Chihuahua, Mexico, in the quest for justice for the murders of other women.

For example, on December 16, 2010, Marisela Escobedo was killed outside the governor's

palace in the state of Chihuahua, where she was campaigning for justice over the violent

death of her daughter, Rubí Marisol Frayre, who was killed in September 2008 at the age

of 16.585 On January 6, 2011, Susana Chávez was killed; she had been active in the

campaign to protest the murders of women in Ciudad Juárez.586 On February 25, 2011,

the bodies of Malena Reyes and Luisa Ornelas were discovered. They had been missing

since February 7, and had previously filed a complaint concerning the harassment of their

family in its quest for justice in the murder of their sister, Josefina Reyes,587 a human rights

defender who had protested abuses by the military in Ciudad Juárez. She was murdered

on January 3, 2010.588

285. The IACHR has observed that the work of women human rights defenders

is particularly difficult in countries that have experienced armed conflict or widespread

violence. National and regional women’s organizations active in these areas tend to

become targets of harassment and threats by armed persons who regard the leadership

that these women exercise as an obstacle to their social control of the territories they

occupy.589

585 IACHR, Press Release 123/10, IACHR Condemns Murder of Human Rights Defender in Mexico,

Washington D.C., December 21, 2010.

586 Amnesty International, Repudia Amnesty International Asesinato de la Activista Susana Chávez,

January 13, 2011. Available [in Spanish] at: http://www.amnistia.cl/web/ent%C3%A9rate/repudiaamnist%

C3%AD‐internacional‐asesinato‐de‐la‐activista‐susana‐ch%C3%A1vez

587 El Universal, Hallan muertos a hermanos Reyes, February 25, 2011. Available [in Spanish] at:

http://www.eluniversal.mx/notas/747693.html

588OMCT, México: Asesinato de la Sra. Josefina Reyes, January 8, 2010. Available [in Spanish] at:

http://www.omct.org/es/human‐rights‐defenders/urgent‐interventions/mexico/2010/01/d20479/

589 IACHR, Press Release 27/05 “The armed conflict aggravates the discrimination and violence suffered

by Colombian women. Washington D.C., July 25, 2005; IACHR, Report on the Situation of Human Rights Defenders

in the Americas, para. 230.

On April 8, 2010, the IACHR granted precautionary measures for the members of the

Corporación SISMA Mujer and two women that participate in a program coordinated by

that organization, Tránsito Jurado and María Eugenia González and her minor children,

who had been subject to threats, harassment, and one act of violence, allegedly as a

result of their work.590 On March 25, 2010, the IACHR granted precautionary measures for

14 women, leaders of the displaced community in Bogotá and that as a result of these

activities, they have been victims of sexual violence, physical attacks, threats, acts of

harassment. Such measure was expanded on May 6, 2010, for Ana María Perea Incel,

member of the Association of Afro Women for Peace and a participant in talks with the

government of Colombia on the issue of the rights of the displaced population and who

was threatened as a result of work.591

286. As it underscored in its 2006 report, the IACHR is concerned over the

situation of women defenders of indigenous and Afro‐descendant rights, who are already

victims of discrimination by virtue of their gender, their race and their ethnic origin. The

dual discrimination suffered by virtue of being a woman and either indigenous or Afrodescendant,

is compounded in the case of women who promote and defend women’s

rights. They are exposed to ridicule and stigmatized not just by the broader community,

but also by public officials and even their own communities.592

On July 20, 2010, the IACHR granted precautionary measures for Reina Luisa Tamayo

Danger,593 mother of Orlando Zapata Tamayo in Cuba, one of the victims of Case 12.476,

decided by the IACHR on October 21, 2006594 and who died of starvation after 85 days of

hunger strike.595 The request for precautionary measures alleges that the beneficiary was

suffering constant threats and acts of harassment, in light of her involvement in various

public protests since the death of her son. The request further indicated that she had been

590 PM 99/10 ‐ Tránsito Jurado, María Eugenia González, and Members of the Corporación Sisma Mujer,

Colombia. Available at: http://www.IACHR.org/medidas/2010.eng.htm

591 PM 1/10 – 14 Women in a Situation of Displacement, Colombia. Available at:

http://www.IACHR.org/medidas/2010.eng.htm

592 IACHR, Report on the Situation of Human Rights Defenders in the Americas, para. 231. IACHR, Access

to Justice for Women Victims of Violence in the Americas, para. 198 and 208.

593 The Inter‐American Commission asked the State of Cuba to take the measures necessary to

guarantee the life and physical integrity of Reina Luisa Tamayo Danger, to arrange the measures to be taken with

the beneficiary and to report what measures it has taken to investigate the facts that necessitated the adoption of

precautionary measures.

594 In this case, the IACHR recommended to the Cuban State that it order the immediate and

unconditional release of all the victims, and overturn their convictions inasmuch as they were based on laws that

unlawfully restricted their human rights. The report also recommended that the necessary measures be taken to

adapt Cuba’s laws, procedures and practices to conform to international human rights standards, that the victims

and their next of kin be compensated for the pecuniary and non‐pecuniary damages suffered as a result of the

violations of the American Declaration established in the report, and that the Cuban State take the necessary

steps to prevent a recurrence of similar acts.

595 IACHR, Press Release 22/10 dated February 26, 2010 ‐ IACHR Condemns Death of Orlando Zapata in

Cuba. Washington, D.C.

the victim of acts of violence, in which she allegedly was beaten and one of her arms was

fractured. According to the testimony of Reina Luisa Tamayo Danger, together with her

daughter and other members of the White Dames, she was beaten when exiting the

Church of Santa Barbara (Parra neighborhood). She informed the IACHR that while the

authorities were beating and kicking her, they were calling her “negra de mierda” (fucking

negro).596

287. During the follow‐up period, the Commission was informed of the way in

which criminal law is used against women defenders of women’s rights. The institution of

these criminal cases is viewed as retaliation for the work they do that challenges longstanding

social concepts or stereotypes in the States. The prospect of prosecution has a

significant chilling effect on defenders of sexual and reproductive rights, whose activities

are even prohibited in some countries. According to the information provided by civil

society during the Commission’s 140th session, criminalization of women human rights

defenders who promote therapeutic abortions is a pattern in Nicaragua, El Salvador and

Honduras, where abortion, irrespective of the circumstances, is a criminal offense.597

During its 140th session, the Commission received information on the situation of Ana

María Pizarro, Juanita Jiménez, Lorna Norori, Luisa Molina Arguello, Marta María

Blandón, Martha Munguía, Mayra Sirias, Violeta Delgado and Yamileth Mejía, nine

human rights defenders who were prosecuted in Nicaragua in 2007 for the crime of

incitement to commit crime and conspiracy to commit crime. According to the

information available, the criminal cases were brought because the nine women human

rights defenders had taken measures to squire a nineyearold girl through the process of

getting an abortion; the girl was pregnant as a result of being raped. A number of

organizations expressed concern over the fact that criminal cases had been brought

against the women human rights defenders because of their activities to defend and

promote a woman’s human rights.598 According to what the organizations reported, on

March 24 it was announced that the criminal cases instituted against the nine women had

been dismissed.599

288. The IACHR has observed how human rights defenders must contend with

a number of structural problems in order to promote equal protection of the law for

women victims of violence and other human rights violations within the justice systems.

596 Audio presented by the Directorio Democrático Cubano, July 1, 2010. Taped by the newspaper

La Habana.

597 IACHR, Hearing on the reproductive rights of women in Latin America and the Caribbean, 141st

Session, March 28, 2011.

598 Amnesty International, Amnesty International, Nine Women’s Rights Defenders. Available at:

http://www.amnesty.org/en/individuals‐at‐risk/write‐for‐rights/nine‐whrds; CENIDH, Urgent action for political

persecution against organizations that promote and defend human rights of children and women in Nicaragua,,

http://www.cenidh.org/casodetalle.php?idinforme=30

599 International Federation of Human Rights, Desestimada la acusación contra nueve defensoras de

derechos humanos de las mujeres, April 8, 2010. Available [in Spanish] at: http://999.fidh.org/Desestimada‐laacusacion‐

contra‐nueve‐defensoras; Amnesty International, Nine Women’s Rights Defenders. Available at:

http://www.amnesty.org/en/individuals‐at‐risk/write‐for‐rights/nine‐whrds.

Examples include the absence of institutions for the administration of justice in rural, poor

and marginalized areas; the lack of court‐appointed attorneys for victims of violence who

are without economic means; the lack of human and financial resources with which to

address the persistent and structural problems; the institutional failings of the public

prosecutors offices and the police who investigate the crimes; and the lack of specialized

units within the public prosecutors offices, the police and the courts, equipped with the

technical skills and specialized expertise required for such cases. Yet another important

obstacle is that the data systems needed to compile statistics on incidents and cases of

violence against women are scarce and are not coordinated with each other. Data systems

are essential in order to be able to analyze possible causes and trends and to evaluate the

response of the justice system to acts of violence against women.600

289. One very serious problem with which defenders of women’s rights must

contend are the gender stereotypes engrained in the language and reasoning of the

officers of the court and law enforcement personnel in charge of investigations into

violations of women’s rights.601 These gender stereotypes becomes both a cause and a

consequence of the gender violence committed against women. The Inter‐American Court

has written that the authorities’ use of gender stereotypes against women and the

resulting inaction on the part of the State when investigating cases involving gender

violence, perpetuates the very violence they are purportedly going after, and constitutes

discrimination in terms of women’s access to justice.602

290. Compounding the problem is the stigmatization and ostracism that

women who have been victims of violence can suffer in their communities, and the

embarrassment and shame they feel when having to report what happened. These can

become serious obstacles to the cause of defending their human rights.603 The Commission

has observed that, on occasion, women victims of human rights violations express

reservations at the prospect of instituting court proceedings, which means that the victims’

own fear can be a major complication for human rights defenders.604

600 IACHR, Access to Justice for Women Victims of Violence in the Americas, para. 181.

601 The Inter‐American Court has established that “the Tribunal finds that gender stereotyping refers to

a preconception of personal attributes, characteristics or roles that correspond or should correspond to either

men or women. […] the subordination of women can be associated with practices based on persistent sociallydominant

gender stereotypes, a situation that is exacerbated when the stereotypes are reflected, implicitly or

explicitly, in policies and practices and, particularly, in the reasoning and language of the judicial police

authorities, […]. The creation and use of stereotypes becomes one of the causes and consequences of genderbased

violence against women.” I/A Court H.R., Case of González et al. (“Cotton Field”) v. Mexico, Judgment of

November 16, 2009. Series C No. 205, para. 401.

602 I/A Court H.R., Case of González y otras (“Cotton Field”) v. Mexico. Judgment of November 16, 2009.

Series C No. 205, para. 400.

603 IACHR, Access to Justice for Women Victims of Violence in the Americas, para. 179. See also IACHR,

Merits Report No. 5/96, Raquel Martín de Mejía (Peru), March 1, 1996.

604 IACHR, Access to Justice for Women Victims of Violence in the Americas, para. 204.

291. In some States, the justice system itself may have serious problems and

handicaps when it comes to processing and recording data on cases involving violence

against women. With such problems and handicaps, the full dimensions of the problem of

violence against women cannot be grasped.605 Then, too, a number of countries in the

region reportedly do not have personnel trained in gender issues so that they are able to

perform their functions with the due diligence and sensitivity required in cases involving

violence against women; those countries that do have public prosecutors, units and courts

that specialize in the investigation and prosecution of cases involving violence against

women often do not have the human, technical and financial resources they need to

perform their functions.606 In some areas, the widespread belief is that violence against

women is essentially a private matter.607 Such attitudes and behaviors on the part of the

officers of the court, law enforcement and society in general, are difficult obstacles for

women who defend women’s rights.

The Commission has identified a number of structural obstacles that make it difficult for

indigenous women whose rights have been violated to get access to justice in Guatemala. The

Commission has expressed concern over the fact that the officers of the court lack any

understanding of the various cultural differences associated with the indigenous

languages; the majority of the officers of the court are monolinguals and the translations

of judicial proceedings are incomplete. According to the information the IACHR has

available, evidence is difficult to obtain, and the judicial proceedings are long, costly and

exhausting for the women victims of violence, most of whom live in extreme poverty.

Then, too, indigenous women frequently have no identification papers. Geography, too,

can become a factor limiting access to judicial protection. While all this is disturbing

enough, there are problems within the indigenous peoples themselves, which tend to deny

indigenous women’s rights, making indigenous women mistrustful of the justice system’s

ability to remedy what was done to them.608