Report on Situation of Afro-Brazilian Trans Women

8/18/2019 Report on Situation of Afro-Brazilian Trans Women

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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


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Report on the Human

Rights Situation of

Afro-Brazilian TransWomen


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Global Rights: Partners for Justice is a human rights organization working inpartnership with local activists in Africa, Asia and Latin America to build grassrootsmovements that promote and protect the rights of populations marginalizedbecause of gender, ethnicity, race, socioeconomic status, gender orientation ordisability.

Global Rights: Partners for Justice1200 18th Street NWSuite 602Washington DC 20036www.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 domainand put at the disposal of all interested persons to consult or use it. Reproduction isauthorized provided that the text is for educational ends not commercial use and onthe condition that credit is given to the publisher.

Back cover image: Adam Frankel

http://www.globalrights.org/http://www.globalrights.org/http://www.globalrights.org/


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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 andconducted the research therein while he was in Brazil 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 andsupport during the research and development of the report: Sandra Regina SouzaMarcelino, contributing author of Outras Mulheres: Mulheres Negras Brasileiras ao

Final do Seculo XXI (Editora PUC-Rio, 2012); Dr. Sonia Giacomini, professor ofsociology and coordinator of the Núcleo Interdisciplinar de Reflexão e MemóriaAfrodescendente (NIREMA) at Pontífica Universidade Católica do Rio de Janeiro; Dr.Elaine Peña, associate professor of American Studies at George WashingtonUniversity; 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 theAfro-Brazilian trans activists who put their lives at risk each day and dream of livingin a Brazil free from racism, homophobia and transphobia.


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Table of Contents

I. Introduction ............................................................................................................................. 1II. 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: ....................................... 27Recommendations 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


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I. Introduction

Recent years have seen a dramatic

shift in attention directed toward vastand grave human rights abuses againstlesbian, gay, bisexual, trans andintersex (LGBTI), or sexually andgender nonconforming (SGN)1 people,across the world. Civil society,governments, and internationalhuman rights institutions arecontinuously increasing efforts tounderstand and address the unique

challenges facing this population.Nonetheless, tremendous obstaclesremain for fully understanding andovercoming the complex challengesfaced by diverse individuals whoidentify as LGBTI.

Often excluded from genericreferences to a broader “LGBTIcommunity,” trans 2 people are

amongst the most vulnerableindividuals subject to grave andfrequent human rights abuses.Following Global Rights’ commitment

to advance gender and racial equality

1 This term has been introduced to referto people of diverse sexual orientationsand gender identities who do notnecessarily identify with the limiteddefinition of the term “LGBTI.”2 The report utilizes the umbrella term

“trans” to refer to all individuals whoidentify as transvestite, transsexual,

transgender or any other gender variant

identities.

through individual empowerment andlong-term advocacy partnerships, thisreport was developed to shed lightupon the specific and often forgottenforms of discrimination against Afro-

Brazilian trans women.

Representing the first-evercomprehensive study on this subjectmatter, the report examines thestruggles of a group of individuals whoare deeply marginalized from diverseeconomic, cultural, and politicalcontexts, and who often remainsubject to violence, sexual abuse, and

murder. In addition to providinginformation and supportingrecommendations on the status of theAfro-Brazilian trans population, thereport will highlight these individuals’ daily experiences by presenting theirown arduous accounts of the strugglefor survival and acceptance.

We wish to provide special thanks to

the fearless Afro-Brazilian transwomen who so bravely shared theirpersonal stories with us for thisreport, and who continue to advocateeach day on behalf of the rights of theentire Afro-descendant transpopulation. We would also like tothank the Rede Nacional de Negras eNegros LGBT 3, and the countless other

3 Founded in Brasília in 2005, The Rede Nacional de Negras e Negros LGBT is the

first and only national organization

dedicated to advocating and defending the

rights of LGBTI Afro-Brazilians. Theorganization is composed of diverse affiliate

groups that work in each of the country’s

five regions to advance the rights and


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organizations and individuals workingdiligently to defend and promote therights of all LGBTI Afro-Brazilians.

visibility of LGBTI Afro-Brazilians. In

addition to participating in numerous localand state councils on racially, sexually, and

gender based discrimination, the

organization serves as a civil societyrepresentative to both the Conselho

Nacional de Combate a

Discriminação/LGBT (National Council onLGBT Discrimination – CNCD/LGBT) and

the Conselho Nacional de Promoção da

Igualdade Racial (National Council onRacial Discrimination — CNPIR).


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II. Executive Summary

The report will examine human rights

violations against the Afro-descendanttrans population in Brazil as theypertain to international human rightstreaties and conventions that Brazilhas signed and/or ratified. Theseagreements include the UniversalDeclaration of Human Rights (UDHR),the International Covenant on Civiland Political Rights (ICCPR), theConvention on the Elimination of All

Forms of Racial Discrimination(CERD), the Convention on theElimination of All Forms ofDiscrimination against Women(CEDAW), and the AmericanConvention on Human Rights (CADH).

Additional recommendations on thesematters have been provided byinternational bodies, including the UN

Office of the High Commissioner forHuman Rights (OHCHR), the JointUnited Nations Programme onHIV/AIDS (UNAIDS), the Inter-American Commission on HumanRights (IACHR) and the Inter-American Court of Human Rights(IACtHR).

Each of these institutions have

independently called upon MemberStates to enact measures protectingLGBTI people, women, and Afro-descendants, including specificrecommendations that have beendirected toward Brazil.

Examples of such instances include,but are not limited, to the following:

OHCHR calls upon Member States to“prevent torture and cruel, inhuman

and degrading

treatment of LGBTpersons…and to “prohibitdiscrimination based on sexualorientation and gender identity,” aspertaining to principles established byUDHR and ICCPR (UNITED NATIONS,2012);”

UNAIDS’ “UN theme group on

HIV/AIDS in Brazil,” calls upon

Brazilian President Dilma Rousseff,members of the Brazilian NationalCongress, and the Brazilian JudiciaryPowers to act to promote and protectthe rights of LGBTI people, includingpassage of legislation which wouldcriminalize acts of violence anddiscrimination committed againstindividuals on the basis of theirpresumed or actual sexual orientation

or gender identity (UNAIDS, 2012);

The Third Committee of the UnitedNations General Assembly approvesresolution A/C.3/67/L.36, whereas itincludes “gender identity” for the firsttime in history in its condemnation ofextrajudicial, summary or arbitraryexecutions (UNITED NATIONSGENERAL ASSEMBLY, 2012);

CEDAW, upon reviewing evidence ofdisparities in quality of and access totreatment in Alyne da Silva PimentelTeixeira v. Brazil (2011), calls forimproved access and healthcareservices for low-income and Afro-


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descendant women in Brazil(COMMITTEE ON THE ELIMINATIONOF DISCRIMINATION AGAINSTWOMEN, 2011);

IACHR rules in Atala Riffo andDaughters v. Chile (2012) that acts ofdiscrimination committed on the basisof sexual orientation or genderidentity committed by or withinsignatory Member States, includingBrazil, qualify as a violation of theCADH (INTER-AMERICAN COURT OFHUMAN RIGHTS, 2012);

IACHR “expresses its deep concernover the homophobic and transphobicviolence in the region and urges theStates to adopt urgent measures tostop the homicides, attacks and acts ofaggression against lesbians, gays, andtrans, bisexual and intersex persons(LGTBI), and against any personsperceived as such.” The statementnotes that 18 of 26 such violations

reported to the Commission inSeptember 2012 occurred in Brazil(ORGANIZATION OF AMERICANSTATES, 2012).

As a signatory to the aforementionedinternational agreements, Brazil mustact upon these recommendations.Under President Rousseff, the Statehas begun to implement substantial

measures to address racialdiscrimination and inequality. Thesemeasures include a sweepingaffirmative action law that wasapproved by the National Congress in2012 and later upheld by theSupreme Federal Tribunal

(CONECTAS, 2012), dramaticallyincreasing the number of Afro-Brazilian students enrolled in publicuniversities. Additional legislation waslater approved to incorporate

affirmative action policies into federalhiring practices (INSTITUTO LUIZGAMA, 2012).

Nonetheless, despite continued publicdemands from diverse members ofBrazilian society and the internationalcommunity, the Brazilian governmenthas taken minimal action to advanceor protect the rights of LGBTI

individuals. More specifically, the Statehas not taken sufficient action toaddress the needs of the transpopulation, nor has it committed todeveloping specific measures inresponse to the needs of LGBTI Afro-descendants. Lastly, no measures havebeen proposed to addressdiscrimination and violence againstthe Afro-descendant trans population.

Therefore, it is hoped that this reportmay stimulate international humanrights institutions and the Governmentof Brazil to promote further action onthese matters.

The most pressing and frequentviolations facing Afro-descendanttrans women in Brazil, to be discussedat length throughout the body of the

report, are as follows:

1.

Racial discrimination, in the formof verbal harassment, defamationand hate speech;

2.

Transphobic and racial violence, including sexual harassment,


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intimidation, violent attacks, andextrajudicial killings;

3. Police violence and impunity,including arbitrary detentions,extrajudicial and attempted

extrajudicial killings, threats andextortion, and torture and cruel,inhuman or degrading treatmentby police and military officials;

4.

Inadequate access to education,

due to racial and gender-baseddiscrimination by classmates andschool employees, and furtherexacerbated by a lack ofeducational programs to promote

social inclusion of LGBTI students; 5.

Inadequate access to

employment, due to racial andgender-based discrimination bypotential employers, and furtherexacerbated by a lack of publicemployment opportunities andlegal obstacles to changing genderidentity on state-issued identitydocuments;

6.

Inadequate access to healthcare,including racial and gender-baseddiscrimination by health careprofessionals, systematic healthdisparities amongst Afro-Brazilianand trans women, and severemental health issues facing Afro-descendant trans women;

7.

Lack of legislative protections,

which guarantee State recognition

and protection of gender identityand expression, and ban violentcrimes and discriminationcommitted on the basis of sexualorientation or gender identity.

The report will close with conclusionsregarding the status of the Afro-Brazilian trans population, and willprovide practical recommendationsfor government and civil society actors

to respond appropriately to thereported violations.

III. Methodology

The research collected for this reportwas developed over an eight-month

period, from July 2012 to March 2013,and depended heavily upon qualitativesources. The decision to usequalitative data was made in light ofthe general invisibility of Afro-descendant trans women in media,academic and governmentpublications on LGBTI people in Brazil.Sources include reports, articles, anddocuments on the situation of LGBTI

and Afro-descendant people in Brazil,as well as four in-person interviewsheld with leading Afro-descendanttrans advocates from diverse regionsof the country, including Rio de Janeiro(Rio de Janeiro State), Salvador (BahiaState), and Belém do Pará (Pará State).Five additional interviews wereconducted with federal governmentofficials, academic experts, and non-

trans identifying LGBTI Afro-descendant activists. All participantsprovided explicit verbal or writtenconsent for use of their names andinformation provided in recordedinterviews to be included in thisreport.


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Additional observations werecollected at the 11a Reunião Ordináriado Conselho Nacional de Combate aDiscriminação e Promoção dos Direitosde Lésbicas, Gays, Bissexuais, Travestis

e Transexuais (11th Ordinary Meetingof the National Council on LGBTDiscrimination), held in Brasília inSeptember 2012, and the 1o Semináriode Negras e Negros LGBT (1st NationalBlack LGBT Conference), held inSalvador, Bahia in October 2012.Information was also gathered atsupport group meetings and culturalevents pertaining to the trans and

Afro-descendant communities.

IV. Violations

1.

Racial Discrimination:

Afro-descendant trans women in

Brazil face numerous barriers due toracial and class-based discrimination,including aggravated acts of violenceand transphobia (AVELAR & MELLO,p. 316, 2010; CARRARA, p. 245, 2006;MARCELINO, p. 72, 2012). As a result,they suffer from discrimination inseeking access to health care,education, housing, employment, legalrepresentation, and virtually all other

public services. They are also victimsof frequent verbal harassment, publicdefamation and hate speech. Hatespeech against Afro-descendants andLGBTI people is commonly committedby prominent Brazilian legislators,journalists, and intellectuals.

Moreover, rare public portrayals ofAfro-descendant trans women oftendepict them as violent, subversive,criminal, and uneducated.

Afro-descendant women arecommonly objectified in publicdepictions, including a recent prankcoordinated by a group of students atthe Universidade Federal de MinasGerais (Federal University of MinasGerais—UFMG). A photo of theincident shows a white female studentimpersonating a slave (PORTAL EBC,2013). The individual is covered in

black paint, has a lock and chainwrapped around her wrists, and a signdraped over her chest that reads,“Caloura Chica da Silva.” 4 Chica daSilva is the name of a freed slavewoman of mixed European andAfrican descent who has been depictedextensively within Brazilian film andliterature as a “seductress who usedher African heritage and sexuality toimprove her position in society,” and isviewed by experts to have served as a“simplistic [representation] of race

relations in Brazil (DANTAS, p. 951,2011).”

In addition, J.R. Guzzo, former editor-in-chief of the leading Brazilianmagazine, Veja, released an editorial inDecember 2012 entitled, “Parada gay,

cabra e espinafre” 5 (ZIBELL, 2012).The editorial lists exhaustivearguments against the rights of LGBTIpeople in Brazil, supported by

4 “Freshman Chica da Silva”

5 “Gay parade, goat and spinach”


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numerous homophobic remarks.Guzzo’s article includes claims that 1)Publicly financed educationalmaterials intended to addressdiscrimination against LGBTI

individuals in schools were an“incentive to homosexuality.” 2) Thenear three hundred hate-motivatedmurders of LGBTI people in Brazilrecorded in 2011 were not unique toLGBTI people. Rather, they were amere “fact of living in Brazil,” where all

individuals are subjected to violence.3) An individual who expresses disliketoward homosexuals is not

committing a crime because there isno law that “requires any citizen to

like homosexuals, or spinach, orwhatever it may be.” 4) In reference tosame-sex marriage, Guzzo stated, “Aman cannot marry a goat, for example;he may even have a stable relationshipwith one, but he cannot get married(ZIBELL, 2012).”

More recently, Federal Deputy-PastorMarco Feliciano (Partido SocialCristão-São Paulo), current presidentof the Chamber of Deputies’ Comissãode Direitos Humanos e Minorias (Committee on Human Rights andMinorities—CDHM), has made a seriesof racist and homophobic remarkssince his appointment to chair theCommittee in March 2013. At a

political gathering of Evangelicalleaders in late 2012, Felicianoproclaimed, “AIDS is the gay cancer

(LOCATELLI, 2013).” He also posted acomment on his Twitter account in2011 understood to have implied hisbelief that Afro-descendants are

cursed, stating specifically, “The cursethat Noah lays on his grandson,Canaan, covers the African continent,from there the hunger, plagues,diseases, ethnic wars! (LOCATELLI,2013).” The congressman currentlyfaces federal criminal charges fordiscrimination, presented to theSupremo Tribunal Federal (FederalSupreme Court —STF) by AttorneyGeneral Roberto Gurgel in April 2013(O DIA ONLINE, 2013).

Following Congressman Feliciano’sconfirmation to serve as president of

the CDHM, numerous protests andpublic commenters have called for hisresignation. In response to thecriticisms, a video was released by anunknown producer and promoted byCongressman Feliciano on his Twitteraccount (PICHONELLI, 2013). Thevideo relays images of LGBTI and Afro-descendant activists protesting againstthe congressman’s leadership of the

CDHM, and includes a clip of Afro-descendant protestors singing andplaying drums, which it refers to as a“ghoulish ritual (PICHONELLI, 2013).” The clip repeatedly plays a quote byopenly gay, Afro-descendant FederalDeputy Jean Wyllys (PartidoSocialismo e Liberdade—Rio deJaneiro), which states; “The orixás putme in this mandate (PICHONELLI,

2013).” Following the video’s release,Congressman Wyllys receivedrepeated death threats and wassubsequently provided emergencyprotection by federal police escorts(LIMA, 2013).


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Racism is a thing that traverses allstrata of society. Well, racism exists inthe words, in the actions, in the waythat you act with another person, andwithin prejudice against LGBT [people].

That is to say, these are biases that are fostered in the heart of the familycontext. A person already grows upknowing that black is ugly, that blacksmells, and black is not worthanything—these are the pillars. It’s thatto be a faggot is to be something bad. And so, these prejudices exist, withblacks against LGBTs and with whiteLGBTs against blacks. And so, what I

am trying to say is that it is verydifficult because the prejudice exists inthe society as a whole.

Yeah, that’s the problem, you know. We

have the institutional prejudice. Andthis institutional prejudice affects all ofus. And it just increases, you know.Black women receive differenttreatment in hospitals, as black women,

as I was saying in the courts throughoutthe country, in every institutionalservice the government provides. Ifthere is a prejudiced or racist person,they are gonna treat you with racism, you know. And that’s the problem withBrazil, you know, in all the senses. And for black transsexuals, it would be even greater the problem. And if she doesn’thave the looks of a woman, the

problem, it would be even greaterbecause she causes… [nausea] in people, you know.

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

Everything, we learn that are not, wedon’t want among us, we don’t want a

black woman among us, only atCarnival, only at Carnival. We don’twant, and even at Carnival, we are

changing that, because of Carnival is sowhite right now, completely differentthan it used to be in the 80s, 70s, 60s. And we don’t want homosexuals,

especially if they are flamboyant, youknow, if they are camp, you know,effeminate. They don’t want that.

– Alessandra Ramos, Coordinator, GrupoPela Vidda Rio de Janeiro

Yes. From the side of prejudice, to say,“Oh, she’s black,” right?” Because I’ve

always heard people say that . Oh, she’sblack, and she is a transsexual or atransvestite, and she wants to be called Joana, but her name is João. It ’s aterrible process. In the job market, to beblack and to think that you don’t fit the mainstream beauty standards, with

blue eyes and such, not having goodhair, and they are pushed aside,because of the racial question. Becausetoday, the racial question is considereda crime. And so, that helped minimizethe situation. But does racialdiscrimination exist? It does exist, andmuch more so in the case oftransvestites and transsexuals.

—Karol Ferreira, Program Associate,Rio Sem Homofobia


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2.

Transphobic and Racial

Violence:

Afro-descendant trans women face abroad range of physical, sexual, verbal,

and psychological abuses, resultingfrom deeply institutionalized andintersecting forms of racial andgender-based violence anddiscrimination. These include, but arenot limited to, daily incidents ofintimidation, violence, sexualharassment, rape, and murder.Pervasive violence against LGBTIpeople occurs as a result of frequent

police abuse, limited legal protectionsfor LGBTI people, and minimal effortby the Brazilian government toprevent violence against LGBTIpeople. Recent examples of crimesagainst Afro-descendant trans womeninclude the murder of a 25-year-oldAfro-descendant transvestite namedSheila, who died after being run overby an off-duty police officer in Moema,

São Paulo (G1 SÃO PAULO, 2012).Another emblematic case is seen in themurder of Jocivaldo Alves, a 26-year-old Afro-descendant transvestite whodied in Ubatã, Bahia after beingstabbed repeatedly by her attacker(GRUPO GAY DA BAHIA, 2010).

A number of studies speak to the highfrequency with which hate crimes are

committed against Afro-descendanttrans women. Although trans womenrepresent an estimated 10 percent ofthe total LGBTI population in Brazil(FRANKEL, 2012), they accounted fora disproportionate 50.5 percent of thenearly 300 murders of LGBTI people

recorded in a 2012 report by theFederal Secretariat for Human Rightson violence against LGBTI people inBrazil (SECRETARIA DE DIREITOSHUMANOS DA PRESIDÊNCIA DA

REPÚBLICA, p. 55, 2012). The reportgathered data from media accountsand complaints directed to publichotlines administered by the FederalSecretariat for Human Rights, theFederal Secretariat of Women, and theMinistry of Health, regarding humanrights violations committed againstLGBTI people.

The report accounted for importantdemographic indicators, includingsexual orientation, gender identity, ageand region. However, it providedminimal information regarding theracial identity of LGBTI victims ofviolence and discrimination.Specifically, government hotlines didnot record the racial identity ofcomplainants, and 74.5 percent of

media accounts included in the datacollection process did not identifyvictims’ race (SECRETARIA DEDIREITOS HUMANOS DAPRESIDÊNCIA DA REPÚBLICA, p. 68,2012).

Nevertheless, black- and brown-identified individuals were estimatedto account for 52 percent of LGBTI

murder victims included in the report(SECRETARIA DE DIREITOSHUMANOS DA PRESIDÊNCIA DAREPÚBLICA, p. 23, 2012). This figurewas attained by analyzing the 25.5percent of media accounts orphotographs which identified victims’


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racial identity. It does not, however,provide a precise figure for the 74.5percent of murder victims identifiedby media accounts which did notaccount for racial identity, or for any

of the victims who reported violationsto government hotlines and whoseracial identity was not recorded.Furthermore, the racial identityestimates were made in reference tothe collective group of LGBTI murdervictims, but the figures did notdisaggregate racial statistics by sexualorientation or gender identity.

In addition to these findings, an annualreport by Grupo Gay da Bahia (GayGroup of Bahia—GGB), a leadingnational organization dedicated tocombating violence against LGBTIBrazilians, stated that there was a 21-percent increase in murders of LGBTIpeople between 2011 and 2012,raising the total number of victimsfrom 266 to 338 (AFFONSO, 2013).

Research has also demonstrated anincrease in the number of homicides ofAfro-Brazilians during recent years.Specifically, a comparative study onhomicide rates amongst black andwhite populations showed a 5.6percent increase in the number ofAfro-descendants murdered between2002 and 2010. This figure wascontrasted by a 24.8 percent decline in

homicides of white Brazilianscommitted during the same period(CEBELA, FLACSO, SEPPIR/PR, p. 38,2012, 2012).

The difficulty to collect disaggregateddata on violence against Afro-

descendant trans women is due in partto the limited scope of sources thatprovide data on violence againstLGBTI people. As noted, governmentofficials do not account for racial

identity when recording reportedhuman rights violations committedagainst LGBTI people. A select numberof non-profit organizations alsoprovide information on anti-LGBTIviolence, based on data collected frommedia and activist reports.Nevertheless, under-reporting orfailure to report hate crimes to non-profit and government entities is

common amongst victims and theirfamilies who fear “outing” and/orpersecution from their perpetrators.Furthermore, research on media biasin Brazil notes that media outlets donot sufficiently account for orproblematize race as an aggravatingfactor in acts of violence committedagainst Afro-descendants (ANDI, p. 79,2012). The media’s failure to address

race as it pertains to hate crimevictims further inhibits non-profit andgovernment entities from collectingmore comprehensive information onboth racial and anti-LGBTI violence.

In addition, acts of violence againstAfro-descendent trans womenencounter vast impunity due to thefact that virtually no federal legislation

exists to prohibit acts of violencecommitted on the basis of sexualorientation or gender identity. Inresponse to increasing rates of anti-LGBTI violence, the Minister of HumanRights has called for Congressionalapproval of PLC 122/2006, a proposed


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law that would criminalize acts ofviolence and discrimination based onsexual orientation and gender identity(BRAGA, 2012). In addition, theSecretariat of Human Rights recently

approved an accord which demandsthe creation of state governmentcommittees to address anti-LGBTIviolence in all Brazilian jurisdictions(AMADO, 2012). However, accordingto a 2013 study on state governmentsconducted by the Instituto Brasileirode Geografia e Estatística (BrazilianInstitute of Geography and Statistics—IBGE), only five of Brazil’s twenty-

seven states (Pará, Rio de Janeiro, SãoPaulo, Mato Grosso do Sul and Goiás)currently possess such organisms(BERALDO, 2013).

And when she is black, it’s worse! It is

worse when she is black. She gets reallybadly beaten up, and they hit hersilicone implants, to puncture them.One time there were some thugs that

would put nails in sticks, to hit them,with the nails, which was to puncture,to drain the silicone implants. Theywere from the military. Yeah, it affectsthe black trans women more, it affectsthe blacks more. And they ban them from the streets more than they do thewhite trans women. They hit them morebecause they are black. In addition tobeing transvestites—they are still —in

addition to being black, they are faggots. Beyond just being black, theyare faggots.

–Lohany Veras, Coordinator for theRights of Transvestites, Transsexuals

and Intersex People, Rede Nacional deNegras e Negros LGBT

And this kind of violence, and thisviolence in the streets, you know, I went

to the streets and I saw that violence. Iwas beat up by twelve guys, I got beatby twelve guys, you know, for nothing. Iwas just hanging out, I was juststanding in the street. I wasn’t doinganything, I wasn’t even dressed in a waythat could, you know, be offensive to people somehow. And just because I wasstanding there, just because of that. AndI didn’t have much of the looks that I

have now, natural, that I have now. Ilooked like a travesti, and because ofthat, just because of that, I got beat up. And this is, this is horrible, and you can feel the hatred, you know, in these people. I t’s something that you cannoteven, I cannot even bear to think of, youknow, because I don’t understand

hatred. But I’ve seen it and I’ve felt it in

my own skin, whatever, how can I, what

can I say.


Of course it’s complicated! T hink of itlike this: the probability of a black youth, from the periphery, beingmurdered. The probability is muchhigher than for a white youth, from the

middle class, from the South Zone of thebig cities? It’s even much crueler if theindividual is a transvestite. If thetransvestite is black, from the periphery —if the transvestite is black,and lives in the favela—of course it willbe much more difficult. If they will


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murder a man that is heterosexual orblack, imagine a transvestite that theyalready see as a nobody! Becausetransvestites, for much of the population, are nothing, they are null! If

they already murder black men, andthere are many people who will notinvestigate—many judges, many policedo not investigate, but imagine with atransvestite! They wouldn’t anythingelse.

–Keila Simpson, Former President,Conselho Nacional de Combate aDiscriminação/LGBT (National Council

on LGBT Discrimination—CNCD/LGBT)

The limited research that we have thatattempts to map violence, human rightsviolations, of diverse segments of theLGBT population, does not address theethnic specificities. Do they try to talkabout the black LGBT population, orabout the poor LGBT population? No,they do not specify, gender, ethnicity, or

even class. These are more generic data,and so much more could be done toimprove data collection. I think that theresearch institutions, governmentagencies like SEPPIR, the Secretaria daIgualdade Racial (Secretariat for RacialEquality), and the Secretaria deDireitos Humanos (Secretariat forHuman Rights), and the Secretaria dasMulheres (Secretariat for Women)

should be sensitive to the specificity ofeach individual identity. They shouldconsider each individual’s social

status—not just sexual orientation, butalso ethnicity, class, and genderidentity.

Sexual orientation alone is notsufficient to account for the phenomenon of homophobic violence.Homophobic violence is alwayscombined with other forms of

discrimination. It is crueler and morelethal when it is combined with othermarginalized identities, including anindividual’s ethnicity, class, or gender. Ablack lesbian who lives in the city’s pooroutskirts is more likely to be affected byviolence than, for example, a middleclass, white man who lives in the South Zone of Rio de Janeiro.

– Jean Wyllys, Federal Deputy (PartidoSocialismo e Liberdade—Rio de Janeiro), Coordinator of the MixedParliamentary Caucus for LGBTCitizenship and Member of theParliamentary Caucus in Defense ofHuman Rights

3.

Police Violence and Impunity:

Police violence against Afro-descendant trans women is frequent,and is often exacerbated by fear ofvictims to report crimes, refusal bypolice officials to investigate crimes,discrimination against Afro-descendant trans women in access tojudiciary and other punitive measures,and a lack of legislative protections

against crimes committed on the basisof sexual orientation and genderidentity. Such instances includearbitrary detentions, extrajudicial andattempted extrajudicial killings,threats and extortion, and torture andcruel, inhuman or degrading


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treatment of Afro-descendant transwomen. Afro-descendant trans womenin the North and Northeast regions ofBrazil, where levels of racial violenceare elevated (CEBELA, FLACSO,

SEPPIR/PR, p. 14, 2012), reported thehighest levels of police violence.

Arbitrary detentions of trans womenare common throughout LatinAmerica, most often affecting trans sexworkers (REDLACTRANS, p. 16, 2012).Afro-descendant trans women inBrazil provide supporting accounts inwhich police excessively target trans

women for drug possession, theft, andother minor infractions. Activists alsoreport frequent police coercion oftrans women intended to warrantcriminal charges and arbitrarilydetentions. For example, activistsreported instances in which policeofficials provided trans women withillicit substances such as marijuana,and later arrested them for drug

possession, in addition to joint policeparticipation in criminal activitieswith trans women, such as theft androbbery. Finally, activists reportinstances in which police enternightclubs and arbitrarily arrest transwomen for unfounded motives.

Afro-descendant trans women inBrazil also report frequent

extrajudicial and attemptedextrajudicial killings by police officers.These instances are often committedin response to a trans personreporting a murder committed bypolice officers, and/or when police donot wish to pay for sexual services

provided to them by trans sex workers(REDLACTRANS, p. 14, 2012). Inaddition, threats and physical attacksare often made to dissuade or preventtrans women from reporting

incidences of police abuse. Police alsofrequently rob Afro-descendant transwomen, and refuse to pay them forsexual services provided to them bytrans sex workers. Finally, activistsreport that police attacks target Afro-descendant trans women more oftenthan other trans women, often forcingthem to avoid gathering in publicspaces and leaving them unable to

practice sex work—one of theirlimited means of attaining economicstability.

Afro-descendant trans activists inBrazil also report frequent instances oftorture and cruel, inhuman ordegrading treatment by police officers,all of which are commonly reported bytrans women throughout Latin

America (REDLACTRANS, p. 15, 2012).Afro-descendant trans women arefrequently humiliated, attacked,insulted, and murdered by policeofficials in public spaces. Activists alsoreport incidents in which police andmilitary officials exert excessivephysical force by closing police cardoors on their arms and legs, as wellas using batons to puncture and leak

silicone deposits in their bodies.

Finally, Afro-descendant trans womenare subject to degrading treatmentand humiliation by being forced tostrip naked in public, being calledracial, homophobic, and transphobic


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epithets, and being transported inclosed physical spaces, such as policecar trunks.

Following a trend common amongst

trans women in Latin America, manyAfro-descendant trans women fearand decline to report abuses to publicauthorities due to pervasive policeviolence and intimidation(REDLACTRANS, p. 19, 2012). Theissue is further exacerbated by policerefusal to investigate crimes, limitedpolice engagement in state forumssuch as state government committees

on violence and discrimination againstLGBTI people, racial and transphobicdiscrimination within the Brazilianjudiciary system, and a lack ofprotective legislative measures whichprohibit acts of violence anddiscrimination committed on the basisof sexual orientation or genderidentity.

A recent case, which exemplifies theinsufficient police commitment to fullyinvestigate violent crimes committedagainst LGBTI people in Brazil, may beseen in the November 2012 murder ofa prominent gay activist, LucasFortuna. Fortuna was found dead on adeserted beach in Pernambuco state,wearing only his underwear, andpresented with wounds from repeated

stabbings and beatings (G1PERNAMBUCO, 2012). Police deniedaccusations from federal officials,including Federal Minister of HumanRights Maria do Rosário, that theincident had been motivated byFortuna’s sexual orientation (BRAGA,

2012). Rather, police officials claimedthat the crime should be investigatedas an act of assault and battery, andthat the attackers, one of whomFortuna had previously engaged in

sexual relations with, did not possessany homophobic motives in murderingthe victim (R7, 2012). Police officialsin Brazil often deny hate-motivatedbias without supporting evidencewhen investigating violent crimescommitted against Afro-descendanttrans women and other LGBTIindividuals.

So this violence with transvestites,which I speak of, and that I can attestto…how many years have I beenworking on the streets with these girls?Five years, six years. It is the police thatkill them. It is the police that ban them[from the streets]. They even went onhorseback once to expelled the girls from Rio Duto. They invades nightclubs just to take out the travestis. And when

they picked up a black girl, well then,they were just bound to kill her.Sometimes they kill them. And so I thinkto myself, and I have been rejected bythe police because they’ve asked me todo things I refused to do because theywould have harmed the girls. And when[the girls] said, “Lohany, if you go there,I will tell [the police] you are lying.” Andso, they disarm me. The girls disarm

me…It was two weeks ago today thatthey murdered a transvestite in Belem,they tied up her feet, they tied herhands, they put the [inaudible] in hermouth, and then they shot her in thehead and the neck.


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They threaten the girls so much…I went

back and I saw a girl crying in thestreet because they humiliated her —she was standing right next to the police. She said that the police were

right, because of I don’t know what, shewas defending the son of a bitch! I said,my Lord! What did these people do tothis girl? They threaten, they were ableto intimidate these girls so much, thatthey are afraid. They put so manythings in their heads that we have noway of removing, it is difficult. Travestis fight with the police. But if they startarguing, it is only because they’v e

already been so badly abused. And the police still threaten them, they say, “I’m going to kill you, faggot !”

–Lohany Veras, Coordinator for theRights of Transvestites, Transsexualsand Intersex People, Rede Nacional deNegras e Negros LGBT

So the very agenda of violence, the

people who go out there to kill them,beat them, and such—this requires aresponse, a public safety plan, which issensitive to their needs. In other words,we have broader security policies forthe general population, but we alsohave to consider the needs of the mostvulnerable groups. It is important toeducate law enforcement officials aboutthese vulnerabilities.

– Jean Wyllys, Federal Deputy (PartidoSocialismo e Liberdade—Rio de Janeiro), Coordinator of the MixedParliamentary Caucus for LGBTCitizenship and Member of the

Parliamentary Caucus in Defense ofHuman Rights

4. Inadequate Access to Education:

Tremendous discrimination existsagainst trans people throughout theBrazilian educational system,including heightened levels ofdiscrimination against Afro-descendant trans women based ontheir racial identity. Dr. BereniceBento, a lead researcher ondiscrimination against trans women in

Brazil, estimates that 90 percent oftrans women are functionally illiteratedue to social exclusion in schoolsettings (CONEXÃO FUTURA, 2012).Similarly, a 2012 study by theFaculdade Latino Americana deCiências Sociais (Latin AmericanUniversity on Social Sciences—FLACSO) found that a combined 26.7percent of brown- and black-

identifying Brazilians are fullyilliterate, while 51.1 percent arefunctionally illiterate (FUNDACIÓNCAROLINA, p. 34, 2012). Thus far, noinstitution has developed specificfindings on educational attainmentlevels of Afro-descendant transwomen. However, these figures andthe report’s qualitative findings

suggest that they are comparably high.

Despite widespread discriminationand violence against Afro-descendanttrans women in schools, the Braziliangovernment has made no effort toaddress discrimination against LGBTIpeople within the Brazilian


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educational system. Notably, a studyconducted by the Instituto Brasileirode Geografia e Esatísticas (BrazilianInstitute of Geography and Statistics–IBGE) found that only 8.7 percent of

federal municipalities currentlypossess educational initiativesdirected toward LGBTI students, incontrast with 93.7 percent ofmunicipalities which have similarprograms aimed at retaining otherminority groups, such as indigenousand Afro-descendant students(WERNECK & PITA, 2012).Furthermore, the study found that

only 1.8 percent of federalmunicipalities possess educationalprograms aimed at reducing anti-violence against LGBTI students(WERNECK & PITA, 2012).

A set of educational materials,guidelines, and videos intended fordistribution in all Brazilian publicschools was developed by the Ministry

of Education and the Ministry ofHealth and in May 2011. The materialwere intended to educate students onsame-sex relations, bisexuality, andgender identity (FORMENTI, 2013).However, President Rousseff vetoedthe distribution plan days before thematerials were released afterreceiving political pressure frommembers of the Congressional

Evangelical Caucus who accused thematerials of “incentivizinghomosexuality (FORMENTI, 2013).” InPresident Rousseff’s public statementto cancel the plan, she called it asource of “propaganda for sexualpreference (FLOR, 2011).” The federal

government has not introduced analternative plan to addressdiscrimination against LGBTI peoplewithin the Brazilian public schoolsystem since the project’s cancellation.

However, the Ministry of Educationsigned an accord in November 2012 todevelop research in collaboration withthe Conselho Federal de Psicologia (CFP–National Council of Psychology),in an effort to better understand thenature of anti-LGBTI violence anddiscrimination in public schools(WYLLYS, 2012).

In a separate incident, a set of sexualhealth educational materials that weredeveloped in 2010 in a partnershipbetween the Brazilian Ministry ofHealth, the United Nations Children’sFund (UNICEF), the United NationsEducational, Scientific and CulturalOrganization (UNESCO), and theUnited Nations Population Fund(UNFPA), were recently vetoed by

Brazilian Minister of Health, AlexandrePadilha, in March 2013 (SASSINE,2013). The materials, which addressedhomophobia, same-sex relations,adolescent pregnancy, and condomuse as part of a broader discussion onHIV and sexually transmittedinfections (STIs), were vetoed andrecalled by Minister Padilha after anestimated 15,000 copies had been

provided to thirteen stategovernments in Brazil’s North andNortheast regions (SASSINE, 2013).The programs’ proponents accusedMinister Padilha of vetoing it due topersonal political aspirations and fearsof retaliation amongst conservative


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and religious legislators (FORMENTI,2013). Specifically, UNAIDS BrazilCoordinator, Pedro Chequer,expressed disappointment uponlearning of the plan’s cancellation,

claiming that Minister Padilha was“restrict[ing] his actions in virtue ofreligious dogma. (FORMENTI, 2013).”

One time, I was around 16 years old,when I was already in my last year ofhigh school. And the teacher asked meto leave the classroom because shecould not accept a girl like me in theclassroom, dressed in a skirt, blouse,

and sneakers. S he wouldn’ t accept thatI was a transsexual, because the schooldidn’t accept it either .

–Karol Ferreira, Program Associate, RioSem Homofobia

There is no law that prohibitstranssexuals from accessing theeducational system. But the problem is

that black transsexuals, they have evenmore problems in school because of the prejudice from teachers and students.So, they themselves quit this wholeeducational system. And the problem f or black transsexuals…if we look at itthat through the law, we are equal toeverybody. But we are not, we knowthat this is not true…You know, fromthe time they start the body changes,

they quit school to avoid a lack ofacceptance. They are generally notexpelled from school. In certain cases,they are, but they are, you know, theyquit. If they are not expelled, they quit. And the murders, this is also another problem for black transsexuals. You can

see, half, or more than half than half oftravestis killed in the last few yearswere black.On the first day of class, the teachermade two lines of boys and girls, and I

went to the girls’ line. The teacher cameand pulled me away by my ear threetimes. And I had no idea why she wasdoing that, because I was raised in amilitary family, I was raised by myaunts, by a group of women. I was myown woman, I did not have a male rolemodel. When you grow up, I was six years old when I first went to school, Istarted to see the difference between

boys and girls, I noticed that peoplewould say that I was a boy and that Ihad to conform to that.


So we need to guarantee, at a municipallevel, a state level, and a federal level,an education that is inclusive and that

promotes diversity. One that prevents, for example, transvestites andtranssexuals from having to quit school,and then ending up functionallyilliterate or semiliterate or illiterate. And, when they are illiterate,semiliterate, or functionally illiterate,they lose the opportunity to succeed inthe job market, and then, unfortunately,their only option left for survival is

prostitution.

– Jean Wyllys, Federal Deputy (PartidoSocialismo e Liberdade—Rio de Janeiro), Coordinator of the MixedParliamentary Caucus for LGBTCitizenship and Member of the


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Parliamentary Caucus in Defense ofHuman Rights

5. Inadequate Access to

Employment:

Due to limited access to education andpervasive employment discriminationagainst trans women and Afro-descendants, Afro-descendant transwomen encounter severe obstacles tosecuring stable employmentopportunities. Parallel to theexperience of trans women

throughout Latin America who areexcluded from diverse economicopportunities, many Afro-descendanttrans women pursue sex work as asole option for economic survival(REDLACTRANS, p. 25, 2012). TheUNAIDS 2012 Global Report estimatesthat 44 percent of trans peopleworldwide are involved in sex workdue to “inadequate access to

information, services and economicopportunities (UNAIDS, p. 76, 2012).”A 2012 report on the rights of transhuman rights defenders in LatinAmerica notes that trans sex workersare subject to the most frequent andsevere human rights abusescommitted against trans people,including violence, economicinstability, sexual abuse, sexually

transmitted infections, drug andalcohol use, and severely limitedaccess to mental health services(REDLACTRANS, p. 25, 2012).

Provided the limited employmentopportunities available to trans

women in Brazil, select municipalgovernments, including Rio de Janeiro(SECRETARIA MUNCIPAL DEDIREITOS HUMANOS, 2012) andSalvador (COUTINHO, 2013), have

developed job-skills training programsfor trans women. Nonetheless, theprograms are all locally operated, andgenerally only provide entry-level oradministrative skills andopportunities. The federal governmenthas not offered any such program on anational level, nor has it proposedexpanding existing affirmative actionpolicies targeted at ethnic minorities

and low-income individuals toincentivize the hiring of LGBTI people.

In addition to lacking any policy onemployment discriminationcommitted on the basis of individuals’

sexual orientation or gender identity, avast majority of Brazilian jurisdictionsrequire trans people to use state-issued identity documents with their

birth-assigned gender names, ratherthan allow them to use the names bywhich they identify themselves. A2012 study by the Instituto Brasileirode Geografia e Esatísticas (BrazilianInstitute of Geography and Statistics–IBGE) found that only one percent offederal municipalities currently allowtrans people the right to legally changetheir name on identity documents

without undergoing reconstructivegender surgery or psychologicalexaminations (WERNECK & PITA,2012). This presents tremendousobstacles to trans job-seekingcandidates, who are required topresent potential employers with


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state-issued identity documents whichdisplay names that are contrary totheir gender identity and expression.This process further institutionalizesstigma against trans people and often

results in unjustified firings and arefusal to hire qualified transcandidates.

It was difficult, it is difficult for atranssexual woman to find a job. Ispeak six languages, I speak sixlanguages. I speak French as well,Italian, I speak sign language, I was asecretary. I am a person with advancedskills…I sent hundreds and hundreds ofemails and reumes, and nobody callsme, nobody calls me. And people callme, but when I go there, and show themmy paperwork, because they hadn’ trealized that I was a transsexual, theyhadn’t noticed that. The few times that Iwas called in for a job interview, afterthey found out about me, they just, youknow, they made something up, they

made something up and told me that Iwasn’t accepted for the postion. And plus the fact that I’m a black person.

You know, this is also, this is alsoterrible.

I went to work with a guy namedClaudio Nascimento, in the State of Rio,and the first thing he did, after a week,was to announce in a very famous

social column, in a very famousnewspaper, that the government hadinvited the first transsexual to work asa secretary, and it was me. And after Ihad been working there for a week,everybody was very nice to me becausethey didn’t notice that I was a

transsexual person, because it’s not

noticeable. I pass as a woman, I’d say

that. And after that first week,everybody just tried, just started totreat me very differently than they had

treated before.


But people don’t realize that thetransvestite or transsexual that waswaiting in line to apply for that job wascalled blackie and monkey —it’s just notseen. And so, is it just gender? No. There

is the question yes, of race, of gender, ofa lack of opportunity… So when she isexcluded from the job market, she isautomatically excluded from family life,she is excluded from culture, fromleisure, and even education.

–Karol Ferreira, Program Associate, RioSem Homofobia

We increase the chances foropportunities and we raise thealternatives, above all, for the trans population, which today, is practically forced into prostitution. Theconstitution defines individual choice,not impositions, even if it is a sociallyconstructed imposition. Prostitutionshould only be an option for someonewho is capable, conscientious, and who

has other alternatives. If you don’ t haveother alternatives, it’s not a matter ofchoice.

– Jean Wyllys, Federal Deputy (PartidoSocialismo e Liberdade—Rio de Janeiro), Coordinator of the Mixed


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Parliamentary Caucus for LGBTCitizenship and Member of theParliamentary Caucus in Defense ofHuman Rights

6.

Inadequate Access to Health

Care:

Afro-descendant trans women sufferfrom increased health risks, disparateaccess to physical and mental healthservices, and racial and gender-baseddiscrimination within the Brazilianpublic health care system. As

mentioned above, sex work is aleading cause for compromising thesexual and mental health of manyAfro-descendant trans women. TheUNAIDS 2012 Global Report estimatesthat 68 percent of trans peopleworldwide are infected with HIV,attributing the figure to gender-basedviolence, high unemployment, anddiscrimination (UNAIDS, p. 76, 2012).

An additional report by Criola, aleading Afro-Brazilian women’s rightsorganization, cites institutionalizedracism and cultural insensitivitywithin the public health care system asprimary causes for drastic healthcaredisparities amongst Afro-descendantwomen (CRIOLA, p. 5, 2010).

In addition to statistical disparities

and risk factors, cultural insensitivitiesamongst health care professionalsfurther exclude Afro-descendant transwomen from accessing adequatehealthcare services. Due to the legalobstacles associated with namechanges, the Ministry of Health has

existing statutes which require healthcare professionals to address transpeople by their self-identified names(MINISTÉRIO DA SAÚDE, 2011).Nevertheless, trans people report that

public health officials often incorrectlyrefer to them by their legally definedbirth names, in addition to frequentlyexpressing or acting based upontransphobic attitudes. Repeatedmistreatment and medical bias oftenlead Afro-descendant trans women topostpone or avoid seeking adequatemedical services.

Due to this trend, trans people whowish to undergo hormonal treatments,reconstructive surgeries, or othergender transition procedures, oftenhave to do so without necessarymedical supervision. Commoninformal practices used in place ofsupervised medical proceduresinclude injection of highly toxic,industrial silicone by non-medically

trained professionals, and use of non-prescription cross-gender hormones(KULICK, p. 64, 1998). Medical expertswarn against the injection of industrialsilicone, stating that its use isextremely dangerous and may lead toinfection from use of un-sanitizedneedles and dislocation of injectedsilicone into the heart and/orthroughout treated areas (KULICK, p.

77, 1998). Medical research alsosuggests that unsupervised use of non-prescription cross-gender hormonesmay lead to serious health risks,including high blood pressure, bloodclots, pancreatitis hepatitis, and otherconditions (KULICK, p. 66, 1998;


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WINTER & DOUSSANTOUSSE, p. 6,2009).The Ministry of Health offers freereconstructive surgeries to transpeople through the Sistema Único de

Saúde ( Brazilian Public HealthcareSystem—SUS). However, currentregulations require patients to receivea stigmatizing psychiatric diagnosis ofGender Identity Disorder, in additionto having to receive approval from apublic judge (CARVALHO, p. 120,2010). The process contributes to thecontinued psychiatric misclassificationof trans people who seek medical

interventions as mentally ill (OPENSOCIETY FOUNDATIONS PUBLICHEALTH PROGRAM, p. 23, 2013), andsubjects them to a number ofunnecessary barriers to attainingoptimal standards of mental andphysical health (OPEN SOCIETYFOUNDATIONS PUBLIC HEALTHPROGRAM, p.14, 2013).

Those who choose to undergo thisprocess wait years to receivegovernmental approval, and aresubjected to extensive logistical delaysdue to the select number of Brazilianhospitals that have medicalpractitioners trained to conductreconstructive surgeries (AMORIM,2012). A small percentage of wealthiertrans women are able to travel abroad

or pay for reconstructive surgerieswith private physicians, estimated tocost approximately R$30,000 Brazilianreais or $15,000 U.S. dollars (AMORIM,2012). Nonetheless, Afro-descendanttrans women who wish to undergoreconstructive surgeries rarely

possess the economic means to pursuesuch operations, and therefore morefrequently undergo unsupervisedmedical procedures.Lastly, research indicates that Afro-

descendant trans women are alsosubject to severe disparities in termsof access to mental health services. Areport by the Red Latinoamericana ydel Caribe de Personas Trans (LatinAmerican and Caribbean Network ofTrans Persons—REDLACTRANS) ontrans human rights defenders in LatinAmerica highlighted mental health as aprimary challenge for the region’s

trans population, resulting frompervasive social exclusion,discrimination and violence(REDLACTRANS, p. 18, 2012).Furthermore, psychological experts inBrazil note that the general Afro-descendant population is subject toincreased mental health issues,resulting from discrimination,economic marginalization, and limited

access to public mental health services(SILVA, p. 130, 2004).

Although very limited research hasbeen conducted on trans mentalhealth issues in Brazil, psychologicalstudies in the United States haveshown that trans people of color are atan increased risk for various mentalhealth issues due to the compounded

effects of racial and gender-baseddiscrimination and violence(GOLDBLUM, ET AL, p. 469, 2012). Forexample, the 2011 National TransDiscrimination Survey identifiedelevated levels of mental health issuesand medical illnesses amongst African


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American trans respondents whencompared to white trans respondents.These included increased rates ofattempted suicide, HIV infection,smoking, drug and alcohol use, and

refusal to seek medical attention dueto medical bias (NATIONAL CENTERFOR TRANS EQUALITY, pp. 81-84,2011).

I suffer every day, I have problems, I[developed] bipolar disorder [after facing daily discrimination], you know,and I have depressed feelings. And Iused to say that I’m a caviar in a can of

sardines , you know, because it’s like, it’slike. I suffer every day, every day I see people’s looks. As I said, I really don’t

understand hatred! And it makes mecry sometimes, because I don’t want it, I

don’t like it, and I don’t understand it. I

don’t, I cannot bear it. I cannot, I don’t

know. I don’t know why, I don’t know

how, I don’t know, I don’t know.

No, there is no health system. Whatexists today is the SUS sex reassignment process, and even then, there isn’tadequate endocrinological research.The hormones don’t produce adequate

results. So for the girls, homemaderemedies prevail, and they are evenmore effective. Because, I mean, thesethings come from years and years of people and people conducting

hormonal treatments, and I trust them.I began undergoing these in-hometreatments, even though at the time Icould have accessed contraceptives andhormones from the pharmacy.


So, that’s the way it is. We do not haveaccess to health care… that is also not

right. So I tell myself, ‘It’s the rightthing to do. I will take my treatments,take my little medicine, and visit thedoctor. That’s it ! ’ But you schedule anappointment this year, or another year,that’s how the appointments are. Youschedule something this week, it will benext week. No, it’s a month, twomonths—maybe you’ll finally get anappointment after three months. Then

it it’ll take another three months to get your test results. And then you realize,it’s been a year already, two years, and you still haven’t done the damn exam.Because you didn’t go that day since you did n’t have money for the bus,right. And the girls who, thetransvestites, the ones that “ battle”(engage in sex work) , they don’t takehormones! They get oil to put in their

bodies, because they need to work, youknow. They use their bodies, they needto fix up their bodies. They can’t wait for hormones.

–Lohany Veras, Coordinator for theRights of Transvestites, Transsexualsand Intersex People, Rede Nacional deNegras e Negros LGBT

7. Lack of Legislative Protections:

The Brazilian Constitution outlawsracial discrimination and protects thecultural and religious rights of ethnicminorities, granting Afro-descendant


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trans women important protections.The law also grants the federalgovernment the authority to condemnindividuals who commit acts of racialviolence and discrimination to prison

sentences (SECRETARIA ESPECIAL DEPOLÍTICAS DE PROMOÇÃO DAIGUALDADE RACIAL, p. 8). However,despite its progressive stance andlegal protections for the promotion ofracial equality, Brazil does not possessany federal legislation to protect therights of LGBTI people. Specifically, nolaw exists to recognize and protectgender identity or expression.

Moreover, there is currently nolegislation which prohibits acts ofdiscrimination or violence committedon the basis of sexual orientation andgender identity.

This legal vacuum permits vast abuse,impunity, violence, discrimination, andextensive legal and medical obstaclesfor Afro-descendant trans women and

the general LGBTI population. A seriesof legislative proposals have beenintroduced to the National Congress toaddress these issues, yet they are oftenfaced with strong opposition andexcessive bureaucratic barriers whichinhibit their passage andimplementation. Most notably, therecent appointment of Deputy-PastorMarco Feliciano (Partido Social

Cristão—São Paulo) as chair of theChamber of Deputies’ Comissão deDireitos Humanos e Minorias (Committee on Human Rights andMinorities—CDHM), is seen as a directobstacle to the advancement of any

legislation to promote the rights ofAfro-descendants and LGBTI people.

Legislation entitled PL 5002/2013seeks to establish a comprehensive

gender identity law, and wasintroduced to the Chamber of Deputiesin February 2013 (CÂMARA DOSDEPUTADOS, 2013). The law wouldguarantee public recognition andprotection of gender identity andgender expression, permit individualsto legally change their name in allpublic registries and identitydocuments without requiring medical

or psychological evaluations, andgrant free access to desired surgicaland hormonal interventions throughthe Sistema Único de Saúde ( BrazilianPublic Healthcare System—SUS),without requiring judicial approval orpsychological evaluations (WYLLYS &KOKAY, pp. 1-4, 2013). The legislationcurrently awaits a committeeassignment from Congressional

leadership, and has no projectedtimeline for a full vote within theChamber of Deputies.

Additional legislation, PLC 122/2006,seeks to criminalize acts of violenceand discrimination committed on thebasis of sexual orientation and genderidentity, by expanding existingconstitutional provisions on racial

discrimination (SENADO FEDERAL, p.1, 2011). In a 2012 national survey onpenal code reform, 77 percent ofrespondents said they were in favor ofthe bill’s provisions (GOMIDE, 2012).

The bill has been pending approvalsince its introduction to the National


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Congress in 2006, yet it has neverreceived a committee vote from theComissão de Direitos Humanos eLegislação Participativa do Senado (Senate Committee on Human

Rights—CDH). Committee membershave opposed a vote in citing concernsof infringement upon religiousfreedoms. Senator Paulo Paim, SenateHuman Rights Committee Presidentand the bill’s lead sponsor, plans to

bring the legislation to a committeevote in 2013 (GOMIDE, 2012).Nonetheless, the bill continues to facestrong opposition from several

committee members, and there is noprojection of when a full Senate votemay be held.

Furthermore, several proposals havebeen introduced to extend legalprotections to trans women and sexworkers. Specifically, PLS 658/2011would permit trans individuals tochange their name on identity

documents without requiring them toreceive judicial approval. Under thelaw, individuals would be required toundergo reconstructive surgeries andto provide corresponding medicaldocumentation in order to be grantedpermission to legally change theirname on identity documents (SENADOFEDERAL, p. 1, 2012). The bill hasbeen approved by the Comissão de

Direitos Humanos e LegislaçãoParticipativa do Senado (SenateCommittee on Human Rights—CDH),but still awaits approval from theComissão de Constituição, Justiça eCidadania (Senate Committee on

Constitution, Justice and Citizenship—CCJ)(BRANDÃO, 2012).

Additional legislation, known as PL4211/2012, would legalize collective

sex work practices, guaranteepayment for sexual services granted toclients, prohibit sexual exploitation ofminors and sex workers, and extendexisting employment and retirementbenefits to sex workers (WYLLYS,2012). The bill currently awaitsevaluation and sponsorshipassignment from the Comissão deDireitos Humanos e Minorias (Chamberof Deputies’ Committee on HumanRights and Minorities—CDHM), andthere is no projected timeline forwhen it may be granted a full vote inthe Chamber of Deputies.

In addition to the barriers to passingprotective legislative measures, anumber of proposals which seek toinfringe upon the limited rights of

LGBTI individuals have recently beenintroduced or approved on both stateand federal levels. Introduced in 2011and debated by the Chamber ofDeputies’ Comissão de SeguridadeSocial e Família (Committee on SocialSecurity and Families—CSSF) inDecember 2012, legislative decreePDC 234/11 seeks to revoke a 1999provision established by the Conselho

Federal de Psicologia (CFP–NationalCouncil of Psychology), which banspractitioners from conducting sexual“conversion” therapies on LGBTIpatients (NEVES, 2012). The Council’s

president, Humberto Costa Verona,defended the existing provision,


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noting that it adheres to internationalstandards established by the WorldHealth Organization, which revokedhomosexuality from its classificationas a mental illness in 1991.

Furthermore, Verona referenced Law5766/71, which established theCouncil and granted it “unique,

supreme power” to define norms and

regulations for psychologicalpractitioners (NEVES, 2012). If passedby Congress, the decree would directlyviolate Law 5766/71 by overturningan independent provision enacted bythe Federal Council on Psychology via

Congressional decree, and it wouldalso oppose existing internationalmental health standards regardingsexual identity.

Local and state governments havebegun to introduce public decency andmorality laws, identified by theREDLACTRANS report on trans humanrights defenders as a tool “used for

making arbitrary arrests on groundsof sexual orientation or genderidentity or expression(REDLACTRANS, p. 16, 2012).” Recently, Governor Sérgio Cabral ofthe State of Rio de Janeiro enacted a“Morality and Good Customs Law,”

with the intention of “promot[ing] the

rescue of citizenship, strengthening ofhuman relations, and the

[appreciation] of family, schools andcommunit[ies] (VASCONCELLOS,2013).” Questioned on how the law

would be implemented, Rio de JaneiroState Secretary for Social Assistanceand Human Rights, Zaqeu Teixeira,responded that he was unsure how it

would be regulated and executed.Although it remains unclear how thelaw may be enforced, it is important tomonitor its implementation, as well asthe introduction of similar statutes in

other jurisdictions throughout Brazil.

Due to the prejudice against them, this group is the most vulnerable. LGBTrights cannot be exclusively aboutoutlawing [acts of violence anddiscrimination committed on the basisof sexual orientation and genderidentity]. We can’t assume that ourrights will simply be guaranteed once

homophobia has been criminalized andbecause we all face the daily effects ofhomophobia. No, we have to demandother rights, which guarantee our civic participation. The Executive has todevelop and coordinate policies acrossthe state and municipal levels. Blacktransvestites have a place in society andour policies need to reflect that.

– Jean Wyllys, Federal Deputy (PartidoSocialismo e Liberdade—Rio de Janeiro), Coordinator of the MixedParliamentary Caucus for LGBTCitizenship and Member of theParliamentary Caucus in Defense ofHuman Rights

V. Conclusion

Countless challenges continue to faceAfro-Brazilian trans women, but theirstruggles will no longer go unheard.Advocates such as the brave womenwho selflessly shared their personal


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accounts for this report have madetremendous progress in advancingtheir rights and those of others.Despite their tireless efforts, aresponse to the specific challenges

facing Afro-Brazilian trans womenremains severely underdeveloped.Discrimination and violence againstAfro-descendant trans women exist asa culmination of deeply seatedintersections of racism andtransphobia. They manifestthemselves in particularly brutalforms, represented by the near-constant flows of violence, humiliation

and exclusion that Afro-descendanttrans women are constantly subjectedto. Acts of violence committed againstthis population are particularly cruel,often involving psychological abuseand sexual violence, and they arefrequently manifested in public spaceswhere they are showcased to thegeneral public.

Despite the severe abuses facing Afro-Brazilian trans women, their struggleremains largely invisible. There iscurrently no political movementdedicated exclusively to the promotionand defense of the rights of Afro-Brazilian trans women. In addition, thegeneral Afro-descendant LGBTIpopulation remains severelymarginalized within Brazilian political

activism, and enjoys tepid supportfrom both the mainstream LGBTI andAfro-Brazilian movements. The Afro-descendant LGBTI movement is asmall and nascent effort that lacks thefunding, public support, and resourcesto sufficiently advocate and defend the

rights of its constituents withoutbroader government and civil societysupport. A comprehensive response tothese issues will require the creationof an Afro-descendant trans women’s

movement, and the strengthening ofexisting intersectional efforts aimed topromote and protect the rights ofAfro-descendant LGBTI people.

The Brazilian government has alsoprovided negligible support to ensurethat the rights of Afro-descendanttrans women are upheld. Officials arenotably constrained by the increasing

political influence of fundamentalistreligious groups which vehementlyoppose the rights of LGBTI people andoften undermine the rights of Afro-descendants. Nevertheless, theyoperate with severely limitedknowledge of the experiences of Afro-descendant trans women, and havedone little to promote the rights ofLGBTI Afro-descendants.

It is our hope that the findingsdeveloped in this report may serve tobetter inform the efforts of allindividuals working to address therights of Afro-descendants and LGBTIpeople in Brazil, and to encourage adeeper commitment to promote anddefend the rights of Afro-descendanttrans women. Specifically, we hope for

increased collaboration between Afro-descendant, women’s, and LGBTIgroups, as well as a more engagedgovernment response in advancing therights of Afro-descendant transwomen.


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Protected under domestic andinternational laws, Afro-descendanttrans women are legally entitled to therights to express gender identity,access health care, employment, and

education, and to be protected againstviolence and discrimination. TheBrazilian government must act toguarantee, promote, and protect thesemost basic freedoms. Below, weprovide specific recommendations toboth the Brazilian government andcivil society on how these objectivesmay be feasibly achieved.

VI. Recommendations

Recommendations to the President

of Brazil:

Condemn all incidents ofdiscrimination, violence, and

human rights violations againstAfro-descendant trans women andLGBTI Afro-descendants.

Coordinate federal agencies todevelop a revised federal inter-agency plan to addressdiscrimination and human rightsviolations against LGBTI people.Include specific objectives toaddress issues facing Afro-

descendant trans women andLGBTI Afro-descendants.

Recommendations to the Secretariat

of Human Rights (SDH/PR):

Record, investigate, and publiclycondemn all human rights

violations against LGBTI people. Develop concise actions to respond

to human rights violations againstAfro-descendant trans women andAfro-descendant LGBTI people.

Collect information on victims’

race, sexual orientation and genderidentity in all public surveys,hotlines and forums.

Recommendations to the Secretariat

for the Promotion of Racial Equality:

Include specific objectives for Afro-descendant trans women and

LGBTI Afro-descendants in allinitiatives to address racial andgender-based discrimination.

Provide educational trainings tofederal officials on issuespertaining to Afro-descendanttrans women and LGBTI Afro-descendants.

Develop public campaigns andeducational materials to inform the

Brazilian public on issues ofdiscrimination and violence againstAfro-descendant trans women andLGBTI Afro-descendants.

Conduct research ondiscrimination and violence againstAfro-descendant trans women andLGBTI Afro-descendants.

Create a permanent category fororganizations representing LGBTI

Afro-descendants within theConselho Nacional de Promoção daIgualdade Racial (National Councilon Racial Discrimination—CNPIR).


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Recommendations to the National

Congress:

Pursue immediate passage of PL5002/2013 and PLC 122/2006 to

guarantee State recognition andprotection of gender identity andgender expression, and to prohibitacts of discrimination and violencecommitted on the basis of sexualorientation and gender identity.

Evaluate passage of additionallegislation which would providefundamental protections to Afro-descendant trans women, sex

workers, and the general LGBTIpopulation, including PLS658/2011 and PL 4211/2012.

Prevent passage of legislativedecree PDC 234/11 which woulddirectly violate Brazilian Law5766/71 and reverse existingmental health standards.

Prevent passage of “morality laws”

and other provisions which wouldinfringe upon the constitutionalfreedoms of LGBTI people.

Recommendations to the Ministry of

Justice:

Investigate, condemn andprosecute all incidents ofdiscrimination, violence, andhuman rights violations against

Afro-descendant trans women andLGBTI people.

Provide comprehensive trainingsto officials at all levels of thejudiciary and public securitysystems on the rights and identitiesof trans people.

Collaborate with state andmunicipal public security entitiesto train police officers on how toadequately prevent, respond to,and investigate human rights

violations against LGBTI people. Collaborate with state and

municipal public security entitiesto develop specialized police unitsfor the protection of LGBTI people.

Permit trans women in publichousing institutions, includinghospitals, mental healthinstitutions, prisons, and shelters,to be accommodated in women’s

facilities to prevent discriminationand physical and/or sexualharassment.


Education:

Develop and distribute educationalmaterials to schools, educators andstudents on violence and

discrimination against LGBTIpeople; include specificinformation on discriminationagainst LGBTI Afro-descendants.

Incorporate educational materialson the history and culture of LGBTIAfro-descendants into schoolcurricula.

Provide incentives to developacademic research on Afro-

descendant trans women andLGBTI Afro-descendants withineducational grants pertaining toissues of race, gender, andsexuality.

Provide continuing education,vocational training, and adult


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literacy training opportunities toAfro-descendant trans women.


Health:

Provide training to health careproviders on how to effectivelycommunicate with and providetreatment and follow-up to transwomen.

Educate health care professionalson use of, and facilitate access to,gender transition procedures,including cross-gender hormonal

treatment, non-industrial siliconeapplications, and reconstructivesurgeries.

Include specific objectives toimprove the health standards ofAfro-descendant trans womenwithin efforts to address healthdisparities amongst Afro-descendant women.

Expand and improve access to

mental health services for Afro-descendant trans women, and thebroader Afro-descendant andLGBTI populations.

Create specialized health carecenters for LGBTI people.

Recommendations to civil society

organizations and international

funders:

Support the creation of an Afro-descendant trans women’s

movement to promote, defend, andprotect the rights of Afro-descendant trans women.

Encourage and train the Afro-descendant women’s movement to

promote, defend, and protect therights of Afro-descendant transwomen.

Encourage and train the LGBTImovement to promote, defend, andprotect the rights of Afro-descendant trans women.

Promote collaboration betweenorganizations working to defendthe rights of Afro-descendants,women and LGBTI people. Trainthese organizations to developadvocacy on issues pertainingspecifically to Afro-descendanttrans women and LGBTI Afro-descendants.

Present documentation of humanrights violations andrecommendations regarding Afro-descendant trans women andLGBTI Afro-descendants to theConselho Nacional de Combate àDiscriminação/LGBT (NationalCouncil on LGBT Discrimination–CNCD/LGBT), the ConselhoNacional de Promoção da IgualdadeRacial (National Council on RacialDiscrimination—CNPIR), the Inter-American Commission on HumanRights (IACHR) and the UN Office ofthe High Commissioner for HumanRights (OHCHR).

Provide training to mediapersonnel on how to appropriatelyprovide coverage of acts ofdiscrimination and violencecommitted against LGBTI peopleand Afro-descendants.

Advocate inclusion of sexualorientation and gender identity


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within federal affirmative actionemployment and educationalpolicies.

Provide assistance to Afro-descendant LGBTI victims of grave

human rights violations who wishto seek political asylum.

Recommendations to the Inter-

American Commission on Human

Rights:

Direct the Rapporteurship on theRights of Women to incorporatethe rights of trans women,

including Afro-descendant transwomen, into all reports,investigations, and resolutions.

Direct the Rapporteurship for theRights of Afro-descendants andagainst Racial Discrimination toincorporate the rights of LGBTIAfro-descendants, including Afro-

descendant trans women, into allreports, investigations, andresolutions.

Direct the Unit on the Rights ofLesbian, Gay, Bisexual, Trans, andIntersex Persons to incorporate therights of LGBTI Afro-descendant,including Afro-descendant transwomen, into all reports,investigations, and resolutions.

Release a comprehensive report onthe status of LGBTI persons in theAmericas.


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Report on Situation of Afro-Brazilian Trans Women

Documents

Transcript of Report on Situation of Afro-Brazilian Trans Women