Washington DC, April 20, 2022.- On the fourth anniversary of the beginning of the socio-political and human rights crisis in Nicaragua, the Institute on Race, Equality and Human Rights interviewed the Regional Representative for Central America of the Regional Office for Central America of the United Nations High Commissioner for Human Rights (OHCHR), Alberto Brunori , on the role of the United Nations in the situation that the country has been going through since 2018, the refusal of the State of Nicaragua to comply with the recommendations of the Council of United Nations Human Rights (HRC) and other international protection bodies, and the role of the Investigation and Accountability Mechanism established at the 49th session of the HRC.

The Investigation and Accountability Mechanism adopted by the Council is a request from civil society organizations such as the 46/2 Collective, made up of Race and Equality and twenty other human rights organizations that have worked together since 2021, after confirming the progressive deterioration of the situation and the absolute lack of will of the Nicaraguan State to comply with the recommendations of the United Nations . This Mechanism will be made up of three human rights experts who, for a year, will investigate exhaustively and independently, establish the facts and circumstances, collect, preserve, and analyze the evidence, and -whenever possible- identify those responsible for the alleged human rights violations committed in Nicaragua since April 2018.

For Brunori, this Group of Experts on Human Rights has an “unprecedented” mandate and “represents a step forward towards accountability for the serious human rights violations committed in Nicaragua”

Nicaragua has been immersed in a deep human rights crisis for more than 4 years. The Human Rights Council has analyzed it and has issued four resolutions. What has the position of the State of Nicaragua been regarding these recommendations? What actions has the government taken? What is the assessment of the OHCHR in this regard?

I am concerned that, over the last four years, the Government has not shown the intention to implement the recommendations issued, both by the Human Rights Council, as well as by the Office of the High Commissioner and other mechanisms of the Regional System (OAS) and Universal Human Rights (UN). Last year the Office published a bulletin outlining the scant progress in this regard. In September of this year (2022), the Office will present, at the request of the Human Rights Council, an updated and exhaustive report where the implementation of the recommendations issued by the human rights mechanisms of the UN system will be analyzed until 2022.

Recently, in its 49th session, the United Nations Human Rights Council approved a resolution that includes the establishment of an investigation and accountability mechanism for Nicaragua. What is the mandate of this mechanism? What characteristics should the experts who will make it have? What will be the role of the OHCHR in this?

Resolution 49/3 reflects the existing concern in the international community and in Nicaraguan civil society. The creation of the Group of Three Human Rights Experts represents a step forward towards accountability for the serious human rights violations committed in Nicaragua.

Its mandate, as stated in the resolution, will consist of carrying out exhaustive and independent investigations of the human rights violations committed in Nicaragua since April 2018, establishing the facts, gathering evidence, and identifying those responsible, so that this information can also be used in future accountability initiatives. It will also have to formulate recommendations that contribute to improving the human rights situation in the country and present a written report to the Human Rights Council in March 2023, among other tasks.

It should be noted that the mandate has highlighted the possible gender dimensions of abuses and violations, as well as their structural causes.

The three experts will be chosen by the President of the Human Rights Council, so we rely on his criteria to identify the best profiles that can successfully carry out the mandate. I am convinced that they will be professionals with knowledge of the country and the region, with a profound command of international human rights law, and with the necessary experience to face a delicate task that will help victims of violations of their human rights in Nicaragua obtain justice and reparation.

The Office of the High Commissioner, for its part, will continue to fulfill its mandate of regular monitoring of the human rights situation in the country. In this sense, Resolution 49/3 reinforces the role of the Office in the field of monitoring, reporting and regulatory analysis, independently of the mandate of the Group of Experts.

There is currently a Special Follow-up Mechanism for Nicaragua (MESENI) that was established as of June 2018 to follow up on the recommendations made by the IACHR and the GIEI. What are the main differences between both mechanisms? What are the strengths of the United Nations Mechanism? Do you contemplate working hand in hand?

The MESENI and the Office have been collaborating closely in monitoring the human rights situation in Nicaragua, so that we hold analysis and information meetings, and issue joint statements to express the concerns shared by both the Inter-American System and the Universal System of Human Rights. However, the mandate of investigation, establishment of the facts and circumstances of the violations, and identification of those responsible that the Council gives to the Group of Experts is unprecedented for Nicaragua, and precisely therein lies its strength. The Group of Experts, in addition to informing the international community about what happened in the country, will gather evidence that will help bring the perpetrators of the serious violations committed to justice.

Finally, it should be added that the collaboration framework established by the Human Rights Council in its Resolution 49/3, also provides that the Group may relate to other human rights organizations.

On multiple occasions, High Commissioner Michelle Bachelet has urged the Nicaraguan government to allow the reentry of her Office. In her last report she requests it again. Has the State of Nicaragua responded to any of these communications? What actions will the Office take to achieve a “yes” from the State? What expectations do you have of this visit?

The Government has not responded to the multiple requests from the Office for access to the country, which have also been echoed by numerous Member States and international organizations. For our part, we will continue to reiterate our request, both in our public reports and bilaterally.

Having access to the country would allow us to have an even deeper understanding of the human rights situation in Nicaragua. We could also have the opportunity to visit arbitrarily detained persons and contribute to the urgent improvement of their situation. Likewise, we could establish a frank and direct dialogue with the Government, which is not possible when the exchange is reduced to bilateral communications that are not answered and, when they are public, they contain political considerations without going into the substance of the issues of interest to human rights.  A presence in the country would also allow us to reach and encourage the many human rights defenders who are carrying out their work in a situation of extreme precariousness, and under the constant threat of imprisonment or exile.

If you do not receive a positive response from the Nicaraguan government to work in the field, what are the opportunities and challenges that these experts could face when working remotely?

The UN has extensive experience in remote monitoring, both due to conflict and insecurity situations where physical access to a certain territory is not possible, and (more frequently) due to the objection of governments to allowing the entry of human rights officers. Governments need to know that blocking investigators’ access may hamper their work, but ultimately it will not stop progress towards accountability. Through interviews (physical and virtual) with victims and witnesses, and the analysis of documentation, exhaustive investigative work can be carried out. But, in any case, we should not get ahead of ourselves on this point, since it should be the experts themselves who assess the situation at the time.

Given the lack of truth and justice in Nicaragua, what message would you send to the victims of repression and to Nicaraguan citizens? What is your call to the Nicaraguan government? 

To the victims and all the people who have suffered human rights violations, including family members who have lost their loved ones, or who have been unjustly imprisoned for months and even years, I can only extend my solidarity. I deeply admire the resilience they have shown and the work they continue to do, both inside Nicaragua and in exile, to improve the situation in the country. This crisis has been going on for far too long, and I hope that you do not lose hope that justice will be achieved, that all those who are arbitrarily detained and in inhuman situations will be released, and that measures be taken to ensure that these violations are not going to be repeated.

Above all, I would say to the Government that, beyond the entire series of recommendations it has received from human rights organizations, listen, and give voice to Nicaraguans. The deep disagreements that may exist about the model of society that they want for Nicaragua and about its role in the world, can never justify the deprivation of life and liberty, torture, or exclusion from social and political life. The Government must know that it can only come out of this crisis by immediately ceasing the persecution against those sectors of society with which it disagrees and incorporating them into the debate and political decision-making spheres.