African Diaspora in Latin America, American University Washington College of Law
By Julio Guity-Guevara, LL.M.
Like Athens in the Greek Empire, Washington, D.C. is the national hub for important debates, dialogue and policy decisions that take place in the Americas. The situation of African descendants has increasingly become part of this dynamic. Approximately 150 million, or one third, of Latin America descends from slaves brought from Africa during colonial times. By taking a quick look at the socio-economic statistics in the region, it is easy to understand that the face of poverty in Latin America still has color. This is something that we simply cannot ignore.
That is why in February 2006, more than 75 leaders from all over the region came to Washington, D.C. to establish a policy agenda for racial equity in the Americas. Members of Congress, Latin American Supreme Court judges, NGO leaders, and representatives from institutions such as the World Bank, Inter-American Development Bank, Organization of American States and the Inter-American Foundation met to debate how to reduce the socio-economic gaps between black and whites in Latin America, how to overcome the lack of political representation of African Descendants in Latin America, and discuss police misconduct and unequal racial treatment in
the justice system.
In March 2006, Washington College of Law at American University also took part in this growing dialogue. Various sponsors held a panel entitled “African Diaspora in Latin America.” Supporters included Dean Claudio Grossman, the LLM Board of the International Legal Studies Program, the Academy on Human Rights and Humanitarian Law, the Black Law Students Association of WCL, and “Cimarrones” – a Howard University student association. The aim was to enlighten the student body about different challenges and contributions of African descendants in Latin America and provide a forum to access up-to-date information about their issues and think critically about possible alternatives and solutions. The audience included Ian G. Campbell, Legislative Assistant for International Relations from the Office of Congressman Gregory Meeks, and Jose Francisco Avila, president of New Horizons Investment Club in New York, and Masters in Laws candidates, scholars, and professors from local universities. Before the main panel presentation, Ms. Shazia Anwar explained how the Academy has incorporated issues regarding the African Diaspora.
Dean Claudio Grossman opened the panel by framing the topic of discussion within an agenda of human dignity. He also referred to the movement to create a Convention against Racism and All Forms of Discrimination and Intolerance and the importance of educating judges, public prosecutors, public defenders and the general public about its development. The panel was comprised of Silvio Albuquerque, Brazilian Representative to the Organization of American States, Congresswoman Dayana Martinez from the Department of Francisco Morazán in Tegucigalpa, Honduras and Judith Morrison, Executive Director of the Inter-Agency Consultation Race in Latin America (IAC).
Albuquerque provided valuable background information about the Working Group, which was established by a resolution of the OAS General Assembly in 2005. Since then, there have been seven meetings and one special session. By June 2006, the group expects to have a draft Convention that reflects key contributions from civil society, academia, governments and international organizations. So far, the Working Group has found it necessary to expand traditional grounds for discrimination and deal with contemporary forms, such as discrimination based on sexual orientation, people living with HIV-AIDS, gender and disabilities. It also emphasizes state obligations to create mechanisms to define and deal with hate crimes.
Dayana Martinez gave a general overview of the struggles of the Garífuna Community in Honduras and challenges she faces as a black, disabled woman in the Honduran Congress.
Judy Morrison encouraged those who have the privilege of studying to look at issues facing African descendants in Latin America. Morrison also highlighted the fact that, without the
participation of African Descendants, there cannot be true democracy in the Hemisphere. She also mentioned that many African Descendants are not recognized by the law and do not have basic documentation in their country, such as identification cards. According to a recent dialogue at the Inter-American Development Bank addressing the issue of identity papers, it is estimated that up to 50% of the African Descendant and indigenous population lack basic documentation – which means they cannot vote, do not have access to land rights, and, therefore, do not exist in the eyes of the law.
The “African Diaspora in Latin America” event was recognized as a timely opportunity for the Washington College of Law community to learn and exchange points of view about this important topic. As Morrison noted, those of us privileged to have the opportunity to study must take seriously the need to incorporate these issues into our academic work. Such steps will form the basis for others to build upon our research in the future. It also will help continue to sow the seeds for a dialogue in Washington that better incorporates challenges facing African descendants.
You can contact Julio at julio@guity.org