Multifaceted Crisis in Nicaragua Requires Urgent Change of Course by the Government, Says UN High Commissioner for Human Rights
Geneva, September 4, 2024 – “The multifaceted crisis that has affected Nicaragua since 2018 requires an urgent change of course by the Government,” recommended the United Nations High Commissioner for Human Rights, Volker Türk, in his annual report (2023-2024) published on Tuesday, September 3, in compliance with Human Rights Council Resolution 52/2. In his report, […]
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Geneva, September 4, 2024 – “The multifaceted crisis that has affected Nicaragua since 2018 requires an urgent change of course by the Government,” recommended the United Nations High Commissioner for Human Rights, Volker Türk, in his annual report (2023-2024) published on Tuesday, September 3, in compliance with Human Rights Council Resolution 52/2.
In his report, the Office of the United Nations High Commissioner for Human Rights (OHCHR) documented that the Nicaraguan government has intensified control over all state institutions and has pursued the persecution of any individual or organization acting independently or expressing dissenting opinions, including human rights defenders, independent media, and non-governmental organizations.
Officials Under the Regime’s Scrutiny
The OHCHR highlighted the severe situation within Nicaragua’s justice system, which is under the control of the Executive Branch and has enabled the persecution of individuals perceived as political opponents. According to testimonies from justice system officials before the OHCHR, there exists a climate of fear, intimidation, and harassment.
In November 2023, hundreds of officials were dismissed, allegedly due to conflicting political loyalties with different government factions. In a case documented by the OHCHR, a high-ranking official was subjected to arbitrary house arrest, and a judge had to flee the country to avoid politically motivated detention.
Sexual Violations and Abuses of Male and Female Political Prisoners
According to OHCHR data, as of last May, 131 people were under arbitrary detention, marking a significant increase compared to 54 individuals in June 2023. Notably, ten more arbitrary detentions occurred in June and July 2024.
The OHCHR raised alarms over five cases of detainees who were subjected to torture or ill-treatment, including brutal beatings, prolonged isolation, and stress or positional torture. Moreover, in the second half of 2023, the Office documented seven cases of detainees who reported being subjected to rape, sexual abuse, and electric shocks. Among the most alarming cases, three detainees reported having their testicles strangled.
The OHCHR also noted that the detention conditions for women are characterized by the use of sexual violence and gender-based violence, including death threats or threats to take their children away, deprivation of necessary medications and hygiene products, forced labor, forced nudity, rape threats, sexual abuse, and rape. Additionally, in 2023, it was documented that two- and three-month-old babies were separated from their mothers following arbitrary arrests, interrupting breastfeeding.
Forced Disappearances as a Tool of Control
The OHCHR has documented the use of forced disappearances as a tool of control. Among the cases documented is that of a 70-year-old merchant who was detained on October 10, 2023, for criticizing the Government in informal conversations in his store in Terrabona, Matagalpa. After more than a month of his whereabouts being unknown, constituting a forced disappearance, he was sentenced to seven years in prison for arms trafficking in a trial that did not guarantee his right to due process.
Another alarming case is that of a 65-year-old academic who disappeared on November 20, 2023, presumably in retaliation for a critical social media post. To date, his whereabouts remain unknown.
Forced disappearances represent a grave violation of international law and leave the victims’ families in a state of distress and uncertainty.
Expulsions and Denationalizations
In 2023, the Nicaraguan government arbitrarily stripped 317 people (60 women and 257 men) of their nationality, rendering them stateless, in clear violation of international human rights law. This action has had devastating consequences, leaving them without access to fundamental rights and essential services.
Additionally, 62 cases were documented where Nicaraguan nationals (33 women and 29 men) were denied entry to their own country. This denial occurred without prior notice, causing severe consequences such as the forced separation of families. “These expulsions and denationalizations have forced the victims to rebuild their lives far from their families, facing a situation of legal and personal insecurity,” the report cites.
Indigenous and Afro-descendant Peoples
The OHCHR has recorded multiple violations in the territories of Indigenous and Afro-descendant peoples on Nicaragua’s Caribbean Coast. In July 2023, two Indigenous forest rangers from the Mayangna Sauni As territory were killed by settlers, and another Indigenous person from the same region died from injuries sustained in an attack. The authorities have not taken adequate measures to investigate these incidents or prevent future abuses.
Additionally, on October 31, 2023, and April 22, 2024, mining concessions were granted in Indigenous territories without carrying out the necessary consultations. The Special Rapporteur on the rights of Indigenous peoples, Francisco Cali Tzay, expressed concern over the lack of information and pressure during the consultations for the Bio-CLIMA project conducted by the Government from August 18 to September 7, 2023.
On March 7, 2024, the Green Climate Fund announced that it had terminated the project due to non-compliance with its policies and procedures regarding environmental and social safeguards.
2026 Elections, “A New Opportunity for Nicaragua”
Among his recommendations, the High Commissioner urged the Government to: release all individuals arbitrarily detained in the context of the political crisis; adopt measures to prevent torture and ill-treatment in prisons; amend criminal legislation to align it with international human rights standards; ensure fair trials and due process; and restore civic and democratic spaces.
He also called on the government to ensure impartiality in the upcoming 2026 elections, which “have the potential to offer a new opportunity for Nicaragua… if they are held in a safe and conducive environment for human rights, where the right to political participation can be exercised meaningfully, and Nicaraguans are free to decide the future of their country.”
Finally, Türk urged the international community to strengthen accountability for the alleged international crimes committed since 2018 in Nicaragua, as well as to promote the appropriate application of universal and extraterritorial jurisdictions, and to “ensure that all international assistance and investments provided to Nicaragua, including through financial institutions and international companies, adopt a human rights-based approach.”
Statement
From the Institute on Race, Equality, and Human Rights (Race and Equality), we emphasize the importance of the work carried out by the Office of the United Nations High Commissioner for Human Rights (OHCHR). Despite the Nicaraguan government’s refusal to cooperate and provide information, the Office continues to play an essential role in monitoring the crisis in Nicaragua, protecting the confidentiality of sources at risk, and issuing crucial recommendations to the Nicaraguan State and the international community to put an end to this alarming situation.
Likewise, we commend the vital role played by Nicaraguan civil society organizations. Despite the extreme risk and difficulty under which they operate, these organizations continue, with courage and determination, to report on the situation, ensuring that the world is aware of the grave human rights violations that persist in Nicaragua. Their work is indispensable for the defense of human rights and the restoration of democracy in the nation.
Finally, we demand the immediate release of all individuals imprisoned for political reasons and call for justice for all victims of the repression by the Ortega-Murillo regime.