Race and Equality presents petition to the IACHR regarding human rights violations against independent media in Nicaragua

Race and Equality presents petition to the IACHR regarding human rights violations against independent media in Nicaragua

Washington, D.C.; December 3, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) submitted a petition to the Inter-American Commission on Human Rights (IACHR) earlier today, detailing actions by the State of Nicaragua that restrict and criminalize the work of independent journalists, violating Nicaraguans’ right to freedom of expression.

The petition includes 39 victims who have suffered various acts of repression and violence at the hands of State agents and pro-government groups. The 39 victims include managers, journalists, and employees of the independent outlets Radio Darío, 100% Noticias, Confidencial-Esta Semana, and Radio La Costeñísima.

The petition describes physical attacks, death threats, arbitrary detentions, surveillance, destructive police raids, and property confiscation against independent Nicaraguan media. Race and Equality also submitted evidence of arbitrary actions against the victims by all three branches of the Nicaraguan government, demonstrating the lack of independence in the judicial branch and other public offices.

100% Noticias and Confidencial-Esta Semana have sought justice through various judicial processes, as detailed in the petition, while Radio Darío and Radio La Costeñísima have had to abandon such processes after repeated retaliations against them.

Race and Equality’s petition also highlights three pieces of Nicaraguan legislation that can be used to restrict freedoms of expression, association, and assembly: the Law Against Money Laundering, Terrorist Financing, and Proliferation of Weapons of Mass Destruction (known as the Law Against Terrorism); the Law to Regulate Foreign Agents; and the Special Law on Cybercrime.

Race and Equality has requested that the IACHR find the State of Nicaragua responsible for violating the rights to a fair hearing and judicial guarantees; to the freedoms of expression and association; to life, personal liberty, and personal integrity; to the protection of dignity and reputation; to private property; and to free movement. All these rights are protected under the American Convention on Human Rights, to which Nicaragua is a party.

The petition also calls for the IACHR to recommend measures for reparations to the victims and measures to ensure non-repetition of these violations.

Cover picture: Jorge Mejía Peralta. 

International Trans Day of Remembrance: Remembering and reaffirming the struggle for equality and justice

Washington, D.C., November 20th, 2020.- On November 20th, International Day of Trans Remembrance, the International Institute on Race, Equality and Human Rights (Race and Equality) remembers the trans people who have been killed around the world, especially in Latin America and the Caribbean, where the majority of such killings take place according to civil society reports. Race and Equality spoke with six trans activists from across the region who keep the memory of those killed alive and carry on the struggle for equality and justice.

An unimaginable reality

Brandy Carolina was 32 years old when she was stabbed to death by a man in the La Chinita neighborhood of Barranquilla, Colombia. Brandy was known as an extrovert who dreamed of earning enough money to buy a house for her mother, but she was killed for being a trans woman before she could make her dream a reality. Her death and the hateful motives behind it were reported by organizations that defend the rights of Colombians with diverse sexualities and gender identities.

“She never expressed fear beforehand, she was confident in herself, and really, nobody expects to die, it comes suddenly and where you don’t expect it,” said Andra Hernández, a representative of the Boyacá LGBTI Network and a member of Femidiversas. However, Andra pointed out that La Chinita was also the site of two murders in the months before Brandy’s death: the killing of a trans woman on April 16th, and the murder of a lesbian woman on March 26th. “We didn’t expect that someone so close to us would meet the same fate, at the hands of a society that doesn’t respect diversity and difference. You can never be prepared for a death, much less being murdered for being trans,” she said.

Every year, in the lead-up to Trans Day of Remembrance, the international organization TransRespect Against Transphobia publishes a detailed report on the killing of trans and gender-diverse people around the world. This year’s report reveals that between October 1st, 2019 and September 30, 2020, there were 350 such murders. 82% occurred in Latin America, with Brazil (152 murders),[1] Mexico (45), and Colombia (16)[2] atop the list of countries with the most killings.

Dying two times

Santiago Balvin, a non-binary trans-masculine activist from Peru, affirmed the importance of commemorating trans people who have been killed. According to Santiago, these victims continue to suffer discrimination and erasure after their deaths: “There is a feeling of frustration because you can’t do anything – their families don’t recognize their names, the media does not report about their identity correctly, it’s very painful when your sister’s death is treated this way and it keeps happening with impunity.”

Santiago also emphasized the importance to Peru’s LGBTI community of marking the Tarapoto Massacre, also known as the Night of the Gardenias, a targeted killing of transgender people on May 31st, 1989 that is recognized as the worst hate crime against transgender people in Peru’s history. According to Santiago, Peruvian civil society organizations have recorded five murders of transgender people in 2020.

Victoria Obando, a Nicaraguan human rights activist and former political prisoner, told Race and Equality that for her, Trans Day of Remembrance is a day to honor the struggle for trans rights, a struggle in which most of those killed had participated during their lives. “We live in a society that does not recognize us as part of society. It’s a tragedy what the trans population has to go through, especially trans women. They don’t recognize that we are also human beings,” she said.

Nicaragua does not have reliable data about violence against trans people, a failure which Victoria links to the broader socio-political crisis affecting the country. She also denounced the tendency to sideline trans activists in discussions about how to return democracy to the country. “Some people think in terms of categories like ‘special topics’ and see trans rights as something secondary to be kept in a box. As an activist, I have had to fight for acceptance; some people underestimate my abilities because of my identity,” she said.

Exclusion and impunity

Athiany Larios Fonseca, a Nicaraguan trans woman living in exile in Costa Rica, recalls one of the first times she encountered anti-trans discrimination. “My friend and her partner were attacked with stones outside her house; she later asked me why people treat us so badly, and I started to cry. People attack us and even kill us because of this hate, because we are not a woman or a man according to their biological rules,” she told Race and Equality.

Christian King, an activist with TRANSSA in the Dominican Republic, explained that Trans Day of Remembrance “is about recognition and reaffirming our trans companions who have lost their lives to discrimination, transphobia, and prejudices that come from a lack of political will or public policies that protect trans rights and penalize discrimination.”

In the Dominican Republic, the Observatory on the Human Rights of Trans People has registered 49 hate crimes against trans women, of which only 5 have been tried and led to sentences against the perpetrators. Along with TRANSSA, the Observatory advocates for a national Law on Equality and Non-Discrimination, a Law on Gender Identity, and the full implementation of the National Human Rights Plan.

The state’s responsibility

Bruna Benevides, a leader of the National Association of Travestis and Transsexual People (ANTRA)[3] in Brazil, stated that violence against trans people stems from a long historical process by which trans people are rendered invisible, denying them their most basic rights. Bruna placed the blame squarely at the foot of the state, which has failed to respond to trans people’s needs. “We see a growing neoliberal trend around the world, leading to fascism. The specter of “gender ideology” and the belief that trans people, women, and Black people must continue to be subordinated are central to this trend,” she added.

Bruna also emphasized the ways in which COVID-19 has exacerbated violence against trans people, with inequality, unemployment, hunger, and social exclusion all worsening during the pandemic. As TransRespect’s report makes clear, the pandemic has had a disproportionate effect on trans people, particularly trans people who are also excluded from society because they are women, Black or another racial minority, sex workers, migrants, young people, or poor.

Bruna went on: “Sadly, the lack of action and the lack of attention to trans people, the way that we are treated as invisible, leaves us without any state assistance. As a result, we are more vulnerable to violence. This is part of a broader logic that decides who can be killed, who can be discarded, who is not part of the hegemonic structure and can be exterminated easily. We are the country with the most killings of trans people in the world, and this year we are at the top of the ranking once again.”

On International Trans Day of Remembrance, Race and Equality calls on all states to remember their obligation to protect and promote the rights of all people without discrimination. Faced with a worldwide crisis of violence and murders against trans people, we offer the following recommendations:

  • States should adopt the necessary laws and policies to guarantee recognition, respect, and inclusion for people with diverse sexualities and gender identities
  • States should establish special mechanisms to respond to acts of violence against LGBT people, leading to full investigations, sanctions for those responsible, and guarantees of non-repetition
  • States should utilize official channels and resources to educate the population about sexual diversity and gender identity in order to promote societal recognition and respect for LGBTI people and their rights

[1] Data recorded by ANTRA, a Brazilian LGBTI advocacy organization

[2] Civil society organizations based in Colombia reported an additional 14 cases, for a total of 30

[3] Travesti is a Portuguese term for a person who was assigned male at birth, but who identifies and self-expresses as female, with or without any related medical interventions.

UN Working Group on Arbitrary Detention requests immediate release of Nicaraguan student Kevin Solis

Washington D.C. – October 20th, 2020. The United Nations Working Group on Arbitrary Detention (WGAD) released an opinion this month regarding the arrest of university student and activist Kevin Solís on February 6, 2020, days after he and dozens of other young people participated in a protest at the Universidad Centroamericana (Central American University; UCA). The opinion concludes that Solís’ detention was arbitrary and calls upon the Government of Nicaragua to take urgent measures to remedy his situation, beginning with granting him freedom immediately.

The opinion was requested by the Nicaraguan Center for Human Rights (CENIDH), the Legal Defense Unit (UDJ), and the International Institute on Race, Equality and Human Rights (Race and Equality). Although the WGAD requested that the Government of Nicaragua respond to the  organizations’ complaint by providing information on the case, the Government did not respond to the request.

Solís is currently being held in the Jorge Navarro Correctional Center, serving a 4 and a half-year sentence for supposed theft.

The WGAD noted that this is not the first case reported to them alleging arbitrary detention against an opponent of the Nicaraguan Government and that since 2018, the WGAD has received increasing numbers of complaints about the arrests of protesters.

Arbitrary detention

According to the WGAD, Solís’ detention fell into categories I, II and III of the Group’s definition of arbitrary detention. Firstly, Solís was not caught in flagrante delicto, but the arrest was carried out by individuals in civilian clothes who did not show an arrest warrant issued by a competent authority. From 11:00am until 6:00pm on the day of his arrest, Solís suffered forced disappearance, during which his right to personal safety was flagrantly violated. Secondly, Solís’ detention came as a consequence of his exercising his freedom of opinion and expression, freedom of peaceful assembly and association, and freedom to participate in public affairs. Finally, the guarantees of a fair trial were violated throughout Solís’ judicial process.

The Working Group’s requests

The WGAD judged that, in the context of the pandemic of COVID-19, the Government of Nicaragua should “take urgent measures to guarantee (Solís) immediate freedom” and grant him the right to reparations. Additionally, the Group recommended that the proper authorities examine whether Law 952, which establishes that all cases of aggravated robbery must be processed in preventive detention, is compatible with the International Covenant on Civil and Political Rights, which holds that pre-trial detention should be an exceptional measure rather than the norm.

Finally, the WGAD let it be known that Solís’ case has been referred to the Special Rapporteur on Torture to take further steps and requested that both the petitioners and the Government offer follow-up information on the case within 6 months.

Nicaragua: Attacks and reprisals escalate during September

Washington, D.C., October 6, 2020. Attacks and reprisals against Nicaragua’s former political prisoners, political opposition members, young people, human rights defenders, journalists, and indigenous and Afro-descendant people all increased in severity during September. Three government-backed efforts were also launched that threaten to cut off the ability of civil society to protect and promote human rights.

The first such effort is the call to apply a sentence of life in prison to “hate crimes,” a term defined in the broadest and vaguest sense. Not only would this effort fail to respond to the reality of violence against women and girls, President Daniel Ortega has signaled that he would use this power against opposition figures, who he has called “murderers,” “traitors,” “cowards,” and “torturers.”

The governing Sandinista party has also introduced the Law to Regulate Foreign Agents, which would require citizens and NGOs who receive any resources from foreign governments, agencies, foundations, or other sources to register as “foreign agents.” The proposed law would forbid these “foreign agents” from intervening in domestic politics or financing any other group that does so. They would also be barred from public office and from working for public entities. Those who refuse to register would risk confiscations and even criminal prosecution.

These two initiatives represent a serious threat to the viability of the political opposition, to the work of human rights defenders, and in particular to independent journalism, a field in which several leading outlets rely on international cooperation to survive. They indicate a willingness by the current government to use any tactics, including imprisoning those who dissent, to remain in power.

On September 28th, a proposed Special Law on Cybercrime was introduced, seeking to punish unacceptable social media posts with penalties from 1 to 4 years in prison and criminalizing the use of information technology to obtain data, documents, or information from public institutions or the banking and financial system. This law aims to clamp down on leaks that reveal the abuses of Nicaraguan authorities, which the government routinely discredits and dismisses as “fake news.”

These three efforts will lead to an even more severe deterioration of Nicaraguans’ ability to demand democracy, human rights, and freedom of expression, the press, and information. As was the case with the Anti-Terrorism Law, which introduced new crimes defined in vague terms, these efforts give wide discretion to the authorities, allowing for arbitrary prosecutions that carry severe consequences for their targets.

The right to life

Nicaragua was shaken by the rape and murder of two girls in Lisawe, Mulukuku in the Northern Carribbean Autonomous Region. Shortly thereafter, on September 17th, a 20-year-old pregnant woman was murdered in Ayapal. In August, the number of femicides in 2020 had already risen to 50. President Ortega specifically denounced the Lisawe incident and used it to promote his effort to impose life sentences for “hate crimes.”

Political prisoners

Prison authorities continue to use solitary confinement arbitrarily, giving out indefinite punishments without the legally-required reviews. Student leader Kevin Solis, for example, remains isolated in a maximum-security cell at Jorge Navarro Prison (also known as Prison #300) in Tipitapa, while the political prisoner John Cerna has been held in confinement and subject to torture for shouting “Viva Nicaragua Libre!” in prison.

Reports of torture and other rights violations continue to emerge from Nicaraguan prisons, without any response or investigation by the authorities.

Reprisals against journalists

Police harassment against Radio Darío also persisted in September. On the 12th, multiple police cars parked outside the station to intimidate its staff.

Kalúa Salazar, news chief at Radio La Costeñísima in Bluefields, was found guilty of “calumny” on September 23rd in an unfair trial. The prosecutor requested an exorbitant fine during sentencing.

The television station Channel 12, one of two remaining cable channels that maintains an independent editorial policy, remains under receivership while authorities claim that it owes a 21 million-Córdoba (US$600,000) debt.

Attacks on the women’s movement

On September 25th, police surrounded the offices of the María Elena Cuadra Working and Unemployed Women’s Movement in Managua, preventing its staff from entering for several hours. The organization’s director, Sandra Ramos, stated that she would not be frightened by such tactics and that authorities sought to retaliate against her for challenging the government’s authority in the realm of women workers’ rights.

That same day, police detained two members of the La Corriente Feminist Movement. At least a dozen officers surrounded the woman, demanded personal information, and threatened them when they saw that the women were carrying materials with the Movement’s logo.

Political persecution

Various efforts to organize the political opposition have been met with police and para-police repression. On September 26th and 27th, a wave of violence was unleased against over a hundred opposition members and activists, including the breaking up of meetings, five arbitrary detentions, five raids of opposition members’ homes, and six cases of property seizure.

Reports on social media confirmed repression was felt in Managua, Río San Juan, and Chinandega. Police shut down a meeting of the National Coalition, detained the executive director of the Civil Alliance Juan Sebastian Chamorro and the Rama Kriol Territorial Government leader Jaime McCrea, and rounded up 17 indigenous and Afro-descendant citizens at the Indio Maiz protected territory.

Nicaraguan authorities’ repression of activists, human rights defenders, and journalists intensifies

September 18th, 2020. The signatories of this letter denounce the repression of activists and those perceived as opponents of the Nicaraguan government at the hands of state agents during the celebration of Nicaragua’s Independence Day. Nicaraguan organizations recorded human rights violations carried out with a clear intent to intimidate those who oppose the current government’s policies.

During the month of September, civil society figures, journalists, former political prisoners, and their families have all been targeted with arrests, criminalization, excessive force, raids of their homes, police harassment, death threats, vandalism, public slander, and online smear campaigns.

Furthermore, women who work to defend human rights in Nicaragua are facing a dangerously violent situation. According to the data maintained by the Mesoamerican Initiative for Women Human Rights Defenders (IM-Defensoras), 165 aggressions against female activists took place from September 1-14, including threats sent through social media. The two reports of sexual violence against activists recorded by IM-Defensoras are particularly grave. The organization has reported that one of these sexual assaults was perpetrated by members of a pro-government group; the second is still under investigation.

These facts are part of a pattern of repression during public holidays, one that appears to be accelerating. Along with this past Independence Day, repression took place during events to mark the two-year anniversary of Nicaragua’s protest movement and during a march to mark Mothers’ Day.

We are especially concerned by Nicaraguan organizations’ reports that authorities have ordered the National Police to carry out these human rights violations. According to in-country organizations, the Police are assisted in their repression by pro-government civilian groups and the ruling party’s territorial organizations, some of them armed. These reports correspond with previous evidence, documented in several reports by civil society, signaling that actors in the Nicaraguan State have coordinated with pro-government groups to carry out repression.

We call upon the international community and human rights bodies to remain vigilant regarding the situation in Nicaragua and to join us in condemning the repression of activists, journalists, and human rights defenders.

Subscribed by:

1. ACCOES (Asociación Casa de Colombia en España), Spain
2. Alianza Politica Sector de Mujeres -APSM-, Guatemala
3. Amnistía Internacional, Global
4. Aquelarre RD, Dominican Republic
5. Articulación de Movimientos Sociales y OSC, Nicaragua
6. Asociación Movimiento de Mujeres de Santo Tomás, El Salvador
7. Asociación Nica Libre, Spain
8. Asociadas por lo Justo (JASS), Global
9. Calala Fondo de Mujeres, Spain
10. Campaña 28 de Setiembre por la Despenalización del Aborto en América Latina y El Caribe – Punto Focal Nicaragua, Nicaragua
11. Center for Justice and International Law, Mexico and Central America
12. Centro de Asistencia Legal a Pueblos Indígenas (CALPI), Global
13. Centro de estudios y capacitación familiar, Panama
14. Centro de Información de Servicios de Asesoría en Salud, Nicaragua – Costa Rica
15. Centro Nicaraguense de Derechos Humanos CENIDH, Nicaragua
16. Civicus: Alianza Mundial por la participación Ciudadana, Global
17. Colectivo de Derechos Humanos Nicaragua Nunca +, Costa Rica
18. Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres – CLADEM, Latin America and the Caribbean
19. Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres – CLADEM, Guatemala
20. Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres – CLADEM, Panama
21. Comite de América Latina y el Caribe para la Defensa de los Derechos Humanos de las Mujeres – CLADEM Nicaragua
22. Concertación Interamericana de Mujeres Activistas por los Derechos Humanos – CIMA, Latin America
23. Consorcio para el Diálogo Parlamentario y la Equidad Oaxaca AC, Mexico
24. Convergencia Ciudadana de Mujeres (Converge Mujeres), Guatemala
25. Equipos Docentes Rep. Dom., Dominican Republic
26. FAN Feministas Autoconvocadas de Nicaragua, Nicaragua
27. Federación internacional de Derechos Humanos (FIDH) en el marco del Observatorio para la Protección de los Defensores de Derechos Humanos, Global
28. Fondo de Acción Urgente para América Latina y el Caribe – FAU-AL, América Latina y Caribe Hispanohablante
29. Fundación Acceso, Central America
30. Fundación para el Debido Proceso (DPLF), Latin America
31. Fundación Puntos de Encuentro, Nicaragua
32. Grupo Guatemalteco de Mujeres, Guatemala
33. Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras), Mesoamerica
34. International Institute on Race, Equality and Human Rights (Race and Equality), Latin America
35. Las Reinas Chulas Cabaret y Derechos Humanos AC, Mexico
36. Mujeres en Acción, Global
37. Mujeres en Acción – Costa Rica
38. Núcleo de Apoyo a la Mujer NAM, Dominican Republic
39. Oficina en Washington para Asuntos Latinoamericanos (WOLA), Centroamerica, US
40. Organización de Mujeres Tierra Viva, Guatemala
41. Organización Mundial contra la Tortura (OMCT) en el marco del Observatorio para la Protección de Derechos Humanos, Global
42. Plataforma Nicaragüense Redes de ONG, Nicaragua
43. Protection International Mesoamérica, Mesoamerica
44. Red de Defensoría DDHH de Mujeres y Jóvenes, Dominican Republic
45. Red de Hondureñas Migradas, Spain
46. Red de mujeres contra la violencia, Nicaragua
47. Red de Salud de las Mujeres Latinoamericanas y del Caribe – RSMLAC, Latin America and the Caribbean
48. Red Internacional de Derechos Humanos (RIDH), Global
49. Unidad de Protección a Defensoras y Defensores de Derechos Humanos Guatemala (UDEFEGUA), Guatemala
50. Y las Mujeres Qué?, Mexico

 

Cover photo: La Prensa newspaper. 

High Commissioner Michelle Bachelet urges the Government of Nicaragua to release 94 political prisoners

Geneva, September 16, 2020. In her oral update on the situation in Nicaragua before the United Nations Human Rights Council last Monday, High Commissioner for Human Rights Michelle Bachelet urged the Government of Nicaragua to release “all those arbitrarily deprived of their liberty in the context of protests or for expressing opinions critical of the Government.” She argued that freeing these political prisoners “would be a significant step towards restoring rights and reducing existing polarization.”

According to the Office of the UN High Commissioner for Human Rights (OHCHR), Nicaraguan civil society organizations report that 90 men and 4 women who are perceived as opponents of the Government have been arbitrarily deprived of their liberty and accused of common crimes as pretexts for their detention.

This was the second oral update to be delivered pursuant to the mandate of the resolution “Promotion and protection of human rights in Nicaragua (A/HRC/43/L.35).” This resolution also directs the OHCHR to deliver a written report on the Nicaraguan situation during the 46th session of the Human Rights Council in February 2021.

The High Commissioner added that since her last oral update on Nicaragua in July of this year, “there has been no progress in the human rights situation and no sign that the Government is constructively addressing the tensions and structural problems that triggered the socio-political crisis in April 2018.” The State has also failed to implement any of the recommendations made by the OHCHR.

Since July, the OHCHR has registered 30 cases of threats and intimidation against human rights defenders, journalists, students, peasant leaders, members of the Catholic clergy, and others.

Nicaraguan Attorney General Wendy Carolina Morales rejected Bachelet’s update. Although the update reflects reports from many Nicaraguan sources pointing to a deepening of the socio-political crisis, Morales claimed that it was “biased and unilateral.” According to Morales, the update “did not take into account the reports that our country has shared in good faith and in a timely manner with the Office of the High Commissioner for Human Rights” and was based on reports from non-governmental organizations and media outlets that she labeled as “opponents” of the Government. This statement ignores the longstanding and vital practice by international human rights bodies and mechanisms of consulting with a wide range of in-country sources.

Morales stated that the Nicaraguan Government has guaranteed the right to health in the context of the COVID-19 pandemic, has respected the territorial rights of indigenous peoples and Afro-descendant communities in the Caribbean region, and has granted extraordinary measures to more than 8,000 people in prison during this year.

COVID-19

Bachelet highlighted that the COVID-19 pandemic continues to impact the full range of human rights, including economic, social, and cultural rights. In Nicaragua, the state response to the pandemic has led to violations of freedom of expression and to the arbitrary dismissals of medical personnel.

Bachelet added, “Official data are reported only once a week and lack detailed epidemiological information. In this regard, the Pan American Health Organization (PAHO) warned that it has been necessary to resort to data produced by non-official sources to analyze the situation in the country. Of particular concern is the lack of disaggregated information on the impacts of the pandemic on indigenous peoples and people of African descent, as well as on any specific measures” taken to address these populations’ particular needs.

Other matters of concern

In her speech, Bachelet highlighted the precarious conditions faced by thousands of Nicaraguan migrants seeking to return to their country in recent months, including hundreds stranded at the southern border crossing known as Peñas Blancas.

She also expressed concern about the discrepancies between the data on femicide between February 1st and August 7th provided by women’s organizations (who reported 50 murders) and those reported by the authorities (who reported only 11). This discrepancy shows “a possible under-recording, which would make it difficult to take effective measures to counter these crimes.”

Likewise, she denounced recent attacks on journalists, including legal proceedings for slander and defamation, acts of intimidation, and police harassment against leaders and staff of Radio La Costeñísima and Radio Darío. She also highlighted the imposition of tax proceedings on three media outlets.

Finally, the High Commissioner urged the State of Nicaragua to implement the recommendations made by her Office, particularly in light of the elections scheduled for November 2021, and to resume effective cooperation with the OHCHR, including “authorizing a mission to the country” in preparation for her written report in February.

International support

The European Union urged Nicaragua to adopt electoral and institutional reforms and to ensure free and fair elections in 2021, while a group of countries (Brazil, Canada, Colombia, Costa Rica, Chile, Ecuador, Peru, and Paraguay) lamented the lack of progress on human rights in Nicaragua and denounced the authorities for their lack of cooperation.

“We are concerned about the lack of real electoral reforms to allow Nicaraguans to freely and transparently carry out their political participation with a view to the next presidential elections. Our countries make a firm call to the authorities of the Government of Nicaragua to implement the recommendations issued by the High Commissioner. We reiterate the need to establish genuine cooperation and access for the Office of the High Commissioner in the country and to give real evidence of a dialogue and of a concrete will to improve the socio-political and human rights situation in Nicaragua, for the benefit of all its citizens”, said Julio Peralta, representative of Ecuador, on behalf of the group of Latin American countries.

The Ukrainian and Austrian delegations also expressed concern about the situation in Nicaragua, particularly in relation to political prisoners, human rights defenders, journalists, and other Government opponents who have been attacked, including by armed pro-Government groups.

Only the Government of Venezuela supported the Nicaraguan Government, urging the OHCHR to adhere to “non-interference.”

Nicaraguan voices

A week before High Commissioner Bachelet’s update, Race and Equality invited human rights defenders, journalists, and relatives of political prisoners in Nicaragua to share their own perspectives on how the human rights crisis has deepened, highlighting the importance of continued international monitoring of the situation.

In this series of videos, activists share their experiences and express their support for the OHCHR updates:

The Nicaraguan government blocks the return of hundreds of citizens to the country

Washington, D.C., July 31, 2020. Hundreds of Nicaraguans have been stranded at the border between Costa Rica and Nicaragua for more than ten days, blocked from re-entering their home country by Nicaraguan authorities’ demand that they undergo a COVID-19 test. The migrants are unable to pay the cost of the test.

Human rights organizations report that approximately 300 people are living outdoors with no access to food and poor hygiene. The migrants have crossed into Nicaraguan territory and cannot turn back to Costa Rica, nor can they pass through Nicaraguan border control until they provide a negative test. Among the group are children, elderly adults, and pregnant women, all of whom are now exposed to COVID-19 in conditions where basic sanitation and hygiene measures are impossible.

Costa Rican authorities announced yesterday that civil society groups succeeded in raising private funds to pay for all the migrants’ tests; these results are expected within 48 hours.

Inhumane conditions

“They are in completely inhumane and unlivable conditions. They do not have even the most basic access to potable water, to places to sleep, to dignified shelter. They are sleeping under tarps or below black plastic that heats up in the sun,” reported Braulio Abarca, a member of the Colectivo de Derechos Humanos Nunca Más (Never Again Human Rights Collective) who has spent several days at the border.

According to Abarca, not only has the State of Nicaragua blocked its citizens’ passage into the country, but police and soldiers who guard the border have violently manhandled the migrants. Guards have prevented the migrants from speaking to journalists or human rights activists and broken up efforts by the migrants to organize themselves and elect leaders.

Fabián Flores, one of the Nicaraguans stranded at the border, was able to speak to a journalist from Nicaragua Actual and said, “We want to return home. If the problem is roadblocks and protests, well, there are no more protests. If the issue is with the Ministry of Health, then they should be sending qualified personnel, not police and riot squads who aren’t going to solve anything. What they should be sending are doctors who will address the conditions we’re living in, if they actually care about health measures.”

The Nicaraguan Center for Human Rights (CENIDH, in Spanish) has demanded that the government address the situation at the Peñas Blancas border crossing, where conditions are particularly dire and migrants are at high risk of contracting the virus.

Migrants forced to find other paths

Over 500 people have approached the Nicaraguan border in recent days, but the authorities’ refusal to grant them entry has forced them to seek other paths into the country or back into their host countries. “There are people risking their lives and risking their safety by leaving [the border zone] irregularly. We don’t know how they are doing it, or in what conditions; we don’t even know if they are making it to their destinations successfully,” said Abarca.

Some have opted to return to Costa Rica after the Costa Rican government announced a process under which people refused entry into Nicaragua can petition to be allowed back into Costa Rica. The process, however, requires case-by-case evaluations and is not viable for many migrants who found themselves unemployed in Costa Rica.

According to Article 31 of the Nicaraguan Constitution, citizens have the right to enter and exit the country freely. United Nations High Commissioner for Human Rights Michelle Bachelet recently stated that “when migrants wish to return home voluntarily, governments have the obligation to receive them and ensure that they have access to healthcare and other rights.” She also emphasized that “migrants who return to their countries of origin should be included without discrimination in national policies for response, protection, and recovery, and they should be protected from stigmatization and marginalization in both public and private life.”

The Office of the High Commissioner for Human Rights has calculated that approximately 850 migrants were stranded before July 27th on the borders of Nicaragua, Costa Rica, Panama, and Guatemala.

Statement

Race & Equality demands that the right of Nicaraguans to enter their home country be respected, particularly given the COVID-19 pandemic which exposes migrants to serious risks. We demand that the State of Nicaragua offer free COVID-19 tests and facilitate the rapid re-entry of Nicaraguans stranded in other countries or at the border. These measures are necessary to comply with the State’s obligations regarding the human right to health.

UN Working Group on Arbitrary Detention adopted two opinions on Nicaraguan cases

Washington D.C., July 20th. The United Nations Working Group on Arbitrary Detention released two opinions today, one regarding the detention of 16 Nicaraguan activists in November 2019 after they brought water and medicine to a group of mothers of political prisoners who were on hunger strike, and the other regarding the arrest of journalists Miguel Mora and Lucía Pineda in December 2018. In both cases, the opinions conclude that the arrests were arbitrary and consider that the proper remedy from the Government would include ensuring them “full freedom and granting them the effective right to obtain compensation and other types of reparation.”

Case of 16 activists

The opinion on the case of the 16 activists, approved on May 1, 2020, was requested by the Nicaraguan Center for Human Rights (CENIDH), the Legal Defense Unit (UDJ) and the International Institute on Race, Equality and Human Rights (Race and Equality) in December 2019. Although the Working Group requested the Government of Nicaragua to respond to the complaint by providing information on the matter, it did not respond to the communication.

Arbitrary detention

According to the Working Group, the deprivation of liberty of Amaya Coppens, Atahualpa Quintero, Derlis Hernández, Hansel Quintero, Ivannia Álvarez, Jesús Tefel, Jordán Lanzas, José Medina, María Hurtado, Marvin López, Melvin Peralta, Neyma Hernández, Olga Valle, Roberto Buchting, Wendy Juárez and Wilfredo Brenes was arbitrary according to categories I, II and III of the Group’s working methods.

Firstly, there was no legal basis to justify the detention: at the time of the arrest, the police did not report the reasons for detention or show a court order, nor were the detainees caught in flagrante delicto. The State also breached its obligations by automatically imposing preventive detention for all 16 detainees, without examining its necessity on a case-by-case basis. Secondly, the Working Group ruled that the arrests were a consequence of the activists’ exercising their freedom of opinion and expression, as well as expressing their critical position towards the government. Finally, the guarantees of a fair trial were violated in the activists’ case.

Although the activists were removed from prison and placed under house arrest in December 2019, the Working Group considered it important to rule on their case because the release “was unilaterally given by decision of the Executive Power, before there was a sentence and without the court’s endorsement of the case, with a judicial process that is still ongoing which could lead to a subsequent imprisonment.”

Furthermore, the Group referred the case to the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment, to the Special Rapporteur on the right to the enjoyment of the highest standard of physical and mental health, to the Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression, and to the Special Rapporteur on the situation of human rights defenders so that they may take appropriate measures.

100% Noticias Case

The opinion on the case of journalists and managers of 100% Noticias, also approved on May 1, 2020, was requested by the International Institute on Race, Equality and Human Rights (Race and Equality) in November 2019. The Working Group requested information from the Government of Nicaragua in response to the complaint, but no response was obtained.

Arbitrary detention

According to this opinion, the arrests of Miguel Mora and Lucía Pineda “illustrate a pattern of arrests in Nicaragua” and were arbitrary according to categories I, II and III of the working methods.

Firstly, the two were not informed of the reasons for their arrest, nor were any charges brought against them. Again, preventive detention was automatically imposed. Secondly, the arrest was made in violation of their right to freedom of opinion, expression and information, as well as their right to participate in public affairs. Finally, international standards regarding the right to a fair trial were not applied.

The Working Group issued this opinion even though the journalists were released in June 2019 under Nicaragua’s controversial Amnesty Law, as their legal situation is uncertain. “The criminal proceedings were not definitively dismissed and at the same time it [the Amnesty Law] contains a provision that threatens the loss of the benefits of the Law for those who commit repetitive conduct that constitutes crimes, which generates legal uncertainty,” states the opinion.

Additionally, based on the information received regarding the disappearance of Lucía Pineda, the two journalists’ prison conditions, the lack of medical care, and the allegations of torture and other cruel, inhuman and degrading treatment, the Working Group referred the case to the UN Working Group on Enforced Disappearances, the Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment and the Special Rapporteur on the right to the enjoyment of the highest level of physical and mental health.

Requests

In both cases, the Working Group considered that the appropriate remedy from the Government of Nicaragua would be to release the 16 activists and 2 journalists in full freedom and grant them the right to reparation measures. The Working Group further urged the Government to carry out a thorough and independent investigation into the circumstances surrounding these detentions and to take appropriate measures against those responsible for the violation of their rights.

Finally, the Working Group suggested that the Government consider allowing the Group to carry out an official visit to the country and requested that follow-up information on the cases be provided within a period of 6 months.

High Commissioner Michelle Bachelet: “the health crisis caused by COVID-19 has led to greater restrictions on civic and democratic space” in Nicaragua

Geneva, July 2nd, 2020. The health crisis caused by COVID-19 has led to greater restrictions on civic and democratic space in Nicaragua, according to an oral update given by United Nations High Commissioner for Human Rights Michelle Bachelet during the 44th period of sessions of the Human Rights Council.

“The official discourse stigmatizes people who criticize the State response or disseminate information contradicting official sources (…) There is also little transparency and lack of clarity in public information on cases. Although the Government has indicated that it has been working to strengthen public health and community health, visiting house to house to detect cases, some government measures do not comply with the recommendations of the WHO, PAHO and the Nicaraguan medical community, especially regarding physical distancing”, said the High Commissioner.

The Office of the High Commissioner has also received complaints from at least 16 doctors who have been dismissed, “without respect for legal procedures, for criticizing the State response to the pandemic.”

In addition, Bachelet highlighted the increase in violence against women that has resulted from the pandemic. In particular, 32 femicides were registered between January and May of this year, 5 more than the same period last year.

This update was given in fulfillment of the High Commissioner’s mandate under the recently approved resolution “Promotion and protection of human rights in Nicaragua” (A/HRC/43/L.35), which also calls for an oral update during the 45th period of sessions in September 2020 and a written report at the 46th period in March 2021.

As a reaction to the update, Nicaraguan Attorney General Wendy Carolina Morales referred to reports on the inadequate government response to the pandemic as “disinformation and hate campaigns,” insisting that a series of preventive measures were adopted to prepare the public health system for the arrival of the novel coronavirus. Morales also rejected the report of the High Commissioner and denounced resolution L.35 as “interventionist.”

Human rights violations

The High Commissioner also reported that since her last report to the Council on the situation in Nicaragua in February, “persistent human rights violations continue to be registered against those whom the Government perceives as opponents,” including human rights defenders, journalists, social leaders, and former political detainees.

According to the OHCHR, the right to peaceful assembly in Nicaragua continues to be systematically curtailed: between March and June this year, 43 complaints were reported regarding alleged human rights violations, house searches without a warrant, arbitrary arrests and detentions, threats, harassment, and intimidation by police or pro-government elements against people perceived as opponents.

Meanwhile, Bachelet warned that there are still no investigations or criminal proceedings to identify, prosecute, and punish those responsible for serious human rights violations over the past two years, a situation exacerbated by the Amnesty Law.

Attacks in rural areas

Another issue of concern to the OHCHR is deadly violence in Nicaragua’s rural areas. Bachelet mentioned the shootings that left four indigenous people dead and two wounded in the Tuahka territory, North Caribbean Coast Autonomous Region, on March 26 and 27; the violent incidents of April 19 and 20 on Ometepe Island, which left at least two residents and three policemen injured; and the killing of an opposition figure in Jinotega in March.

“This persistent impunity erodes confidence in the authorities, and together with the lack of legal and institutional reforms, increases the risk of new human rights violations,” said Bachelet.

She also noted that since 2018, the Government has canceled the legal personality of 10 civil society organizations without due process, affecting the right to freedom of association in the country. The most recent cancellation took place on June 25 against the Asociación de Hermanamiento Municipal (ASODHERMU), which performed social work in the city of Camoapa.

The High Commissioner also recommended the release of all those detained in the context of the protests for the past two years.

She also called on the Government to be more open to dialogue with civil society, as well as to cooperate with the United Nations and the Inter-American system. “This is essential to strengthen the response to the pandemic, implement consensual measures that contribute to overcoming the socio-political and human rights crisis, and prepare a fair and transparent electoral process.”

She concluded by urging the Human Rights Council to continue monitoring the situation.

Civil society

The International Federation for Human Rights (FIDH) and the Nicaraguan Center for Human Rights (CENIDH) participated in the Council’s debate after the oral update by the High Commissioner. “The secrecy which increases risk and uncertainty continues due to the great difference in the official figures. which indicate 83 [COVID-19] deaths, and those of the Citizen Observatory, which indicate 1,878 suspicious deaths, along with the threats and massive firings against medical personnel and lack of health protection in their work, due to which more than 40 have died,” indicated Sonia Tancic in representation of both organizations.

Human Rights Council will strengthen its monitoring of the situation in Nicaragua

Geneva, June 19th, 2020. The UN Human Rights Council approved today a new resolution on Nicaragua that renews its mandate until March 2021 and strengthens the Office of the High Commissioner for Human Rights’s mandate to monitor the situation of serious human rights violations and to report on its findings at the 44th, 45th and 46th period of sessions of the Council.

The resolution “Promotion and protection of human rights in Nicaragua (A/HRC/43/L.35)”, which renews the resolution approved in March 2019 (A/HRC/40/L.8), allows the OHCHR to report on the situation in Nicaragua so that the member states of the Council can discuss new alternatives for solving the crisis and push for compliance with the recommendations given to the Nicaraguan State. Passage of the resolution was led by Canada, Costa Rica, Colombia, Paraguay, Brazil, Chile and Peru, with co-sponsorship from more than 40 countries and lobbying efforts by various civil society organizations.

Although the vote on the resolution was originally scheduled for March of this year, it was delayed until this month due to the COVID-19 pandemic. 24 countries voted in favor (Afghanistan, Argentina, Australia, Austria, Bahamas, Brazil, Bulgaria, Chile, the Czech Republic, Denmark, Fiji, Germany, Italy, Japan, the Marshall Islands, Mexico, the Netherlands, Peru, Poland , Republic of Korea, Slovakia, Spain, Ukraine and Uruguay), with 19 abstentions and only 4 votes against (Eritrea, Philippines, Somalia and Venezuela).

Content of the resolution

The resolution expresses grave concern “at the continuing reports of serious human rights violations and abuses since April 2018, and the persisting disproportionate use of force by the police to repress social protests,” as well as the reports of constant arrests, harassment and torture by the authorities.

It also urges the Government of Nicaragua to respect the rights to freedom of peaceful assembly, association and expression; respect the independence of the media and the judiciary; cease arbitrary arrests and detentions; release all individuals illegally detained unconditionally; ensure a safe and supportive environment for human rights defenders and to adopt a comprehensive, accountability-focused action plan that is inclusive of victims and survivors of the deadly violence of 2018.

Furthermore, it calls on the Government to resume its cooperation with the Office of the High Commissioner, the Human Rights Council and its mechanisms, the Organization of American States (OAS) and the Inter-American Commission on Human Rights (IACHR) “by granting unfettered access throughout the country and facilitating visits.”

With regards to elections, the resolution urges the Government and the relevant institutions to “undertake and implement legal and institutional reforms to ensure free, fair, transparent and credible elections, in accordance with international standards, that include the presence of independent national and international electoral observers.”

Other issues of concern in Nicaragua, such as the situation of indigenous and Afro-descendant communities in the Caribbean Coast region, displaced persons who do not have guarantees to return to the country and access to economic, social and cultural rights, were not considered in this resolution.

Voting

In the plenary session of the Council, several countries openly endorsed the resolution, among them Costa Rica, the Czech Republic representing the European Union, Peru, Australia, the Netherlands, Germany and Uruguay, whose representatives urged the Government of Nicaragua to adopt the recommendations previously provided by different human rights organizations, release political prisoners, implement electoral reforms, combat gender-based violence and protect indigenous peoples.

The representative of Costa Rica also called attention to the Nicaraguan authorities’ handling of the new coronavirus pandemic: “The Government of Nicaragua has failed to implement and promote real and effective measures to counter COVID-19 among its population. On the contrary, the irresponsibility shown by her government has exacerbated the extreme and negative human rights situation, particularly for those arbitrarily detained.”

The Venezuelan mission expressed in a video its refusal to approve the resolution because it considered it interventionist, while the Nicaraguan representative reserved the right to speak.

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