UPR: Nicaragua Denies Human Rights Violations in the Name of Sovereignty

Nicaragua

Geneva, November 15, 2024 – The Institute on Race, Equality and Human Rights (Race and Equality) expresses deep concern over Nicaragua’s position at the Universal Periodic Review (UPR) of the […]

Geneva, November 15, 2024 – The Institute on Race, Equality and Human Rights (Race and Equality) expresses deep concern over Nicaragua’s position at the Universal Periodic Review (UPR) of the UN Human Rights Council held on November 13. The State’s speech, far from showing any commitment to human rights, overlooked international reports on harassment against political opponents, activists, and journalists. Race and Equality urges the Nicaraguan government to accept the recommendations from other States and take concrete actions to ensure the protection and respect for human rights in the country.

During the UPR, Nicaraguan Attorney General Wendy Morales Urbina stated that the government promotes and protects human rights, highlighting “poverty reduction, gender equality, and expanded access to education and health.” The delegation also emphasized Nicaragua’s supposed commitment to international law and the UN Charter’s principles, focusing on “sovereign equality of states and non-interference in internal affairs.”

In stark contrast to this stance, 51 out of 88 States raised serious concerns about the grave human rights situation in Nicaragua, offering recommendations to address these issues. Key concerns included the shrinking civic space, condemned by countries such as Germany, Spain, the United States, and Canada; arbitrary political arrests; and the unlawful deprivation of Nicaraguan nationality, practices denounced by Argentina, Costa Rica, Colombia, and Chile.

In response, the States issued 279 urgent recommendations, including the immediate and unconditional release of political prisoners, ending arbitrary arrests, restoring civic space, and cooperating with international human rights mechanisms. Canada, for example, called on Nicaragua to respect constitutional rights, personal freedom, and protection from arbitrary detention and torture, demanding the immediate release of all political prisoners.

Chile recommended ending the practice of depriving individuals of nationality as a punitive measure and reinstating the nationality of those stripped of it. The United Kingdom urged Nicaragua to modify Law 1145, related to nationality and address concerns over recent reforms to the Criminal Code that allow the persecution and confiscation of assets from exiled Nicaraguans or foreigners accused of “crimes against the state.”

Other States focused on the human rights of historically vulnerable populations, such as Brazil, which highlighted the need to investigate and punish acts of violence against minorities, particularly Indigenous and Afro-descendant peoples. Norway called for immediate measures to prevent discrimination against Indigenous peoples, Afro-descendants, and LGBTI persons, as well as to address gender-based violence.

Race and Equality is particularly alarmed by the lack of information regarding Indigenous leaders Brooklyn Rivera, a former legislator forcibly disappeared since September 2023, and his alternate, Nancy Elizabeth Henríquez, who remains arbitrarily detained in unknown conditions. The State’s first response to these cases was to claim Rivera was dismissed for abandoning his parliamentary duties and both were stripped of immunity for “investigation on grave crimes such as treason and spreading false news.”

Race and Equality is concerned about the opacity and lack of information regarding Rivera’s whereabouts, with no proof of life provided. These cases reveal a pattern of systematic harassment against human rights defenders under laws that criminalize dissent, particularly those representing vulnerable communities.

We are also concerned about the statement by the State of Nicaragua that it will not sign the Rome Statute, a position expressed in response to questions from other States. Nicaragua argued that this decision is due to the threat it poses to its sovereignty, stating that the protection of human rights is a matter of “exclusive jurisdiction” and that strengthening its national judicial system is the appropriate mechanism to ensure justice and respect for the rights of its citizens. This rejection of the “imposition of foreign jurisdictions to the detriment of its internal autonomy” reflects a stance that limits cooperation with international justice systems and undermines access to justice for victims of human rights violations, particularly in a local judicial system criticized for its lack of independence.

We also regret the State’s continued rejection of the work of the Group of Experts on Human Rights in Nicaragua (GHREN), dismissing their reports as lacking value, credibility, and objectivity. In the session, the State expressed that its reports and updates “lack value and credibility, reflecting falsehoods, distorted facts, unilateral, biased, and without any objective basis,” reasons for which they do not accept its recommendations “which aim to interfere in Nicaragua’s internal affairs.”

Finally, Race and Equality urges the Nicaraguan government to accept and implement the recommendations provided by States during the UPR. We call on the international community to remain vigilant in ensuring compliance with these recommendations. It is critical that Nicaragua releases all political prisoners, guarantees freedom of expression and association, and cooperates with international bodies to ensure accountability for human rights violations.

Race and Equality reiterates its commitment to monitoring the situation in Nicaragua and supporting international efforts to ensure truth, justice, reparation, and non-repetition for the victims of human rights violations since 2018, and to take the necessary steps to restore democracy and respect for human rights in Nicaragua.

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