Nicaragua: Attacks and reprisals escalate during September

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.

Statement on the Occasion of the Resolution to be Voted on by the UN Human Rights Council: “Promoting and Protecting Human Rights in Nicaragua”

June 12, 2020 – We, the undersigned civil society organizations, wish to express our alarm to the UN Human Rights Council regarding the continuing repression in Nicaragua, rapid deterioration of the situation due to the spread of COVID-19, absence of a response from the State, and reluctance of the State to respond to the calls made by the High Commissioner for Human Rights, Michelle Bachelet, in compliance with the Resolution “Promoting and Protecting Human Rights in Nicaragua” (A/HRC/40/L.8).

In light of the foregoing, a new Resolution (A/HRC/43/L.35) was proposed during the 43rd Session of the Human Rights Council, a session that was suspended due to the situation posed by COVID-19 and is set to resume on June 14 with a vote on said proposal scheduled as one of the points on the agenda. Within this context, we, the undersigned organizations, call on the Member States of the Human Rights Council, and in particular the Latin American and Caribbean States, to adopt a principled stance and actively support the adoption of said Resolution, taking the following into consideration:

  1. Continuing denunciations of grave human rights violations since April 2018

Even during the COVID-19 health emergency, repressive methods continue to be systematically employed in Nicaragua – such as harassment, arbitrary detention, and disproportionate use of force – especially against released political prisoners, human rights defenders, indigenous people, Afro-descendants, women, relatives of victims of repression, and citizens exercising their right to dissent.

  1. Restrictions to the civic space and repression of dissent in Nicaragua

Within the context of the pandemic, the highest levels of government have not responded to the proposals put forward by civil society, human rights defenders, community leaders, and religious regarding the implementation of social distancing and isolation to prevent the spread of the novel coronavirus.  On the contrary, there have been reports of reprisals, threats, and layoffs of physicians who have demanded that the government implement measures for confronting COVID-19 and publicly described the situation being experienced by public hospitals.

  1. Lack of respect of the rights to freedom of peaceful assembly, association, and expression

Within the context of the second anniversary of the April 2018 protests, several citizens were strongly subdued by the police, especially on Ometepe Island and in the city of Masaya.  At least 11 people were arrested and sent to trial under accusations of drug trafficking, illegal possession of firearms, frustrated homicide, and damages.  In addition, while the Executive Branch encourages participation in massive events in public spaces in the middle of a health crisis, the police restriction against exercising the right to protest continues in force.

  1. Arbitrary detention and imprisonment used to repress dissent

Nor has the government responded to the call issued by the international community to release arbitrarily detained persons.  There were 86 political prisoners through the month of May, according to the Civic Alliance for Justice and Democracy.  These people are criminalized for their opposition to the government and their work denouncing and protecting human rights.   On May 13, though the government released 2,815 common criminals who had been under house arrest, none were political prisoners.  The relatives of

jailed opponents fear that an outbreak of COVID-19 would be deadly within the National Penitentiary System, where, according to relatives of political prisoners, there are more than 30 prisoners presenting COVID-19 symptoms.

  1. Lack of guarantees for a safe and favorable environment for human rights defenders and journalists

Despite the communications sent by various Special Procedures mandates, to date the legal status of nine non-governmental organizations that were closed arbitrarily in December 2018 has not been reinstated, and their assets continue being occupied by the police.  Human rights defenders continue working despite reprisals, under prohibitions and accusations of being terrorists.  The media outlets Confidencial  and 100% Noticias continue unable to broadcast on open television, with their offices and work equipment being illegally occupied for nearly a year.  The authorities continue to employ stigmatizing discourse against journalists and opponents, such as the newly published “Libro blanco” [Nicaragua White Book against the COVID-19 Pandemic: A Singular Strategy].

  1. Lack of guarantees of independence and impartiality in the justice system

With the latest arbitrary detentions and start of new irregular trials of citizens in the opposition, it is clear that the judicial system continues to be coopted by the governing political party and remains an essential element of impunity in human rights violations.  Recently, one of the judges who prosecuted tens of protesters in trials lacking in guarantees and due process, Edgar Altamirano, was promoted by the Supreme Court of Justice to serve as a judge on the Court of Appeals of Granada.

  1. Need to adopt a comprehensive plan of action for inclusive victim-centered accountability

To date, the initiatives undertaken last year by the Nicaraguan government aimed at accountability have not been implemented in an inclusive manner that is focused on the victims and survivors of the deadly violence that has transpired since April 2018.  The Amnesty Law was unilaterally adopted by the authorities and perpetuates impunity, while the Law on Comprehensive Attention for Victims does not include the right of the victims to file appeals before judicial authorities and designates persons opposing the government as being the authors of a failed coup d’état rather than the victims of repression.

It has not provided an explanation for more than 300 assassinations that occurred in 2018 or prosecuted the material and intellectual authors of those crimes, as stated in the OHCHR’s report “Human Rights Violations and Abuses Within the Context of the Protests in Nicaragua.”  This has prevented access to truth, justice, and reparations from being guaranteed.

  1. Lack of cooperation with the Office of the High Commissioner, mechanisms of the Human Rights Council and bodies created by virtue of competent treaties, as well as the Organization of American States and IACHR

The government has not restarted its cooperation with international human rights bodies and their mechanisms, nor has it responded to communications from the Special Procedures since November 2018.  It has even refused to report on the situation of the pandemic through international health regulations and presented statistical information irregularly.  This has prevented the representatives of the Pan-American Health Organization (PAHO) from being able to access hospitals and detailed information regarding persons who are infected, being monitored, or dead.

  1. Continuing acts of intimidation or reprisal against those who cooperate or attempt to cooperate with international and regional bodies

The last report on reprisals produced by the OHCHR documented at least 23 cases of harassment and persecution of persons who normally share information on human rights violations in Nicaragua.  One of the most emblematic cases was that of Amaya Coppens, who was arrested in December 2019 together with a group of 15 people who were bringing water to mothers of political prisoners on a hunger strike.  Three months prior, Coppens had gone before the Human Rights Council to denounce human rights violations in her country.

  1. Reluctance to restart the National Dialogue

The government has ruled out participating in a Dialogue Roundtable in the future and additionally has shown no willingness to comply with the roadmap that had been approved in the previous Dialogue initiated in February 2019.  While the Nicaraguan Assembly approved Law 985 in January of this year – whose objective is to “establish the general legal framework for guaranteeing a culture of dialogue” – this law does not address the multiple human rights violations that have occurred since April 2018, nor does it view members of the opposition or human rights defenders as being subjects of dialogue.

  1. Lack of implementation of legal and institutional reforms that guarantee free, fair, transparent, and trustworthy elections

During this pre-election year, there has been no implementation, discussion, or initiation of negotiations regarding electoral reforms, even though in early 2020 the National Assembly placed this matter on its agenda.  Despite the fact that tens of social organizations joined forces to develop a proposal for electoral reform in December 2019, the authorities provided no response to it.  In light of the fact that elections are set to take place in 2021, it is essential that said reforms be taken up anew and that many political and social sectors reach consensus on them with support from the Organization of American States.

  1. Other concerning matters

The situation on the Caribbean side of Nicaragua is concerning, given that Afro and indigenous communities have historically experienced discrimination, been the victims of acts of violence, and had their territories invaded with the acquiescence and/or cooperation of State authorities.  Within the context of COVID-19, access to health services is limited, there is a shortage of medicine, and a lack of healthcare personnel with the necessary training for confronting COVID-19.

In addition, since 2018 100,000 people have been forced to leave Nicaragua, primarily going to Costa Rica, without to date the existence of guarantees for their quick and safe return.  There is a risk that this figure will increase if the situation continues to deteriorate.

We, the signatories of the present statement, ask the Missions comprising the UN Human Rights Council to co-sponsor and approve this new Resolution, bearing in mind that it fulfills the “objective criteria for action by the Council,” those criteria that are considered when deciding if the Council should “engage with a State to prevent, respond to, or address violations and to help reduce the escalation of a concerning situation.”  This Resolution will enable the Office of the United Nations High Commissioner for Human Rights, together with the international community, to continue monitoring the grave situation of human rights in Nicaragua, and reinforces their prevention role in the face of the rapid deterioration of the national situation.

Signatories:

  • International Institute on Race, Equality, and Human Rights (Race and Equality)
  • International Service for Human Rights (ISHR)
  • Due Process of Law Foundation (DPLF)
  • Center for Justice and International Law (CEJIL)
  • Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
  • Just Associates (JASS Mesoamerica)
  • Centro de Asistencia Legal a Pueblos Indígenas (CALPI)
  • Plataforma Internacional contra la Impunidad
  • Fondo de Acción Urgente para América Latina y el Caribe
  • Centro Nicaragüense de Derechos Humanos (CENIDH)
  • Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua (CEJUDHCAN)
  • Colectivo de Derechos Humanos Nicaragua Nunca +
  • Asociación Madres de Abril (AMA)
  • Mesa Nacional LGBTIQ+ Nicaragua
  • Movimiento Autónomo de Mujeres (MAM)
  • Fundación Violeta Barrios de Chamorro
  • Instituto de Liderazgo de Las Segovias
  • Iniciativa Nicaragüense de Defensoras de Derechos Humanos (IN-Defensoras)
  • Fundación Puntos de Encuentro
  • Grupo Lésbico feminista Artemisa
  • Colectivo de Mujeres 8 de marzo
  • Centro de Información y Servicios de Asesoría en Salud (CISAS)
  • Unidad de Defensa Jurídica (UDJ)
  • 100% Noticias
  • Radio Darío
  • Gobierno Comunal Creole de Bluefields
  • Organización de Mujeres Afrodescendiente de Nicaragua (OMAN)
  • Unidad de Protección a Defensoras y Defensores de Derechos Humanos de Guatemala
  • Mujeres en Acción Costa Rica
  • Concertación Interamericana de Derechos Humanos de las Mujeres
  • Comité de América Latina y el Caribe para la Defensa de los Derechos de las Mujeres (CLADEM)
  • CLADEM Bolivia
  • CLADEM Argentina
  • Articulação de Mulheres Brasileiras AMB
  • Mujeres en Acción Costa Rica
  • Red Juvenil Centroamericana Previos
  • Asociación Juvenil Decide
  • Articulación Feminista Marcosur

No more silence: Reclaiming our voice on the International Day against Homophobia, Transphobia and Biphobia

Washington D.C., May 17. This May 17 marks 30 years since the World Health Organization (WHO) declassified homosexuality as a mental disorder, a global milestone that accelerated progress in the recognition of the human rights of lesbian, gay, bisexual, transgender and intersex people (LGBTI). On this date, we commemorate the International Day Against Homophobia, Transphobia and Biphobia, a day to draw attention to the violence and discrimination that LGBTI people still suffer in our societies.

This year the promoted theme is “breaking the silence,” inviting people from the LGBTI community to no longer be afraid to express their sexual orientation or gender identity to their family or to others in their social circles. The commemoration this year is also framed within a global health crisis generated by COVID-19, which has intensified structural discrimination and evidenced the prejudices that persist in our society.

Historically, the LGBTI population has been stigmatized by a heteronormative society that has not allowed their participation in public spaces. The commemoration of this day is vital to bring to light all the acts of discrimination that endure in our societies and to denounce violence against people with diverse sexual orientations and gender identities.

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“To break the silence is to give a voice to those who have had theirs silenced by stigma, discrimination, social exclusion, and the constant violations of rights that remain in impunity because of States’ lack of political will. To break the silence is to shout with evidence a truth that our States, in most cases, do not want to show or do not take into account. Breaking the silence is saying we are, we exist, and we have rights.”

The fight for equality and justice is a daily job for many people.  It is not just about commemorating this day, but rather it is a fight that persists throughout every day of the year.

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Santiago Balvín Gutiérrez, explains to us the importance of being able to raise his voice as a trans person: “Breaking the silence has enabled my body to speak, my insides to speak, and my experiences speak. They do not remain silent because my life, and the lives of my trans sisters and brothers, do not deserve to be silence because they are different. Breaking the silence means to me that every feeling of oppression is also broken and seeks freedom for everyone, the same freedom that I began to feel when I chose to be myself.”

In recent weeks, we have witnessed latent and structural discrimination in the implementation of public policies by States and their institutions in response to COVID-19 that have exacerbated inequalities. The absence of public policies with a gender focus and the lack of training and awareness of public authorities has reproduced patterns of violence and acts of discrimination against LGBTI people. In many cases, the social distancing policies adopted by States did not consider the poverty, marginalization, and violence that people with diverse sexual orientations and gender identity face on a daily basis. By failing to do so, they exposed this group to harm.

The enactment of “pico y género” in different countries caused serious human rights violations, especially for the trans population. Their vulnerability is on the rise, as they face not only abuse of power by law enforcement, but also unemployment and domestic violence. Many have had to post pone name change trials, postponing a necessary step to protecting their gender identity, and others lack access to medical centers to receive hormone treatment or other medical necessities due to the pandemic.

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Today more than ever, it is necessary to take differentiated and specific actions for the LGBTI population, with forceful strategies to stop cases of abuse and systematic human rights violations of all diverse people. Franklin Quiñones, from the Fundación Arcoíris de Tumaco, believes that breaking the silence implies “making visible and / or denouncing any act of discrimination and / or violence against people with diverse sexual orientations such as the LGBTI population,” which can be achieved “by supporting us in the use of all existing legal human rights protection and communication tools.”

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Likewise, Sandra Arizabaleta, from the organization Somos Identidad in Cali in Colombia, explains that: “it is urgent to break the silence so that we use all community and legal mechanisms in order to enable the free development of the lives of LGBTI people. You can (and should) love beyond a role assignment and genitality.”

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

The violation of the fundamental rights of LGBTI people is heightened when the effects are combined with other scenarios and realities of the same or worse condition.

LGBTI people who are also members of other marginalized populations experience a different form of discrimination and rights violations. Examples of this are people of African descent with diverse gender identities and expressions who live with extreme violence, without support from the State, in poverty, and without access to basic health services, education, and employment. “Regions such as the Colombian Pacific, where a greater number of Afro-descendants live, are far from being protected with measures that use an intersectional approach,” adds Sandra of Somos Identidad.

The health crisis caused by COVID-19 has shown that despite advances in human rights for the LGBTI population, there are still great gaps and challenges that can only be overcome with the political action of States to guarantee human rights with a differential focus. “In times of crisis, it becomes clear who are leaders and who are not, and bad leadership will tend to exacerbate difficulties for the most vulnerable populations,” says Carlos Quesada, Executive Director of Race and Equality.

“For thousands of people around the world, breaking the silence often means remaining silent. Shouts occur when small gestures can go unnoticed, simple looks demand light or even a weak voice hesitates to echo in certain spaces. To be heard, sometimes we need to be vigilant because there is no point in breaking the silence if there is no one to listen to us, if there are no spaces with sharp ears to capture sounds, but rather gestures, looks. The power to break the silence is only effective when there is the power to listen. Otherwise, we will spend a lifetime wanting to have ‘meaning’,” explains Mariah Rafaela, Research Coordinator at the Conexão G Group of LGBT Citizenship in Favelas in Brazil.

Race and Equality, along with the LGBTI civil society organizations with which we work, urges Latin American States to:

– Take measures to prevent violence, with a differentiated perspective that considers the historical discrimination suffered by Afro-LGBI and trans people.

– Open a dialogue for monitoring the context of violence based on sexual orientation and gender identity together with civil society.

– Provide trainings to State officials on these issues.

– Include LGBTI people in emergency health planning. LGBTI representatives and voices need to be included, as well as sex workers, in all social protection plans, especially in access to emergency income.

Finally, it is an obligation of States to join us in breaking the silence against discrimination, violence, and indifference through affirmative actions that guarantee the recognition of the rights of LGBTI people.

On World Press Freedom Day, Nicaraguan journalists share the challenges they face

Washington D.C., May 4th, 2020. To commemorate World Press Freedom Day, the International Institute on Race, Equality and Human Rights (Race and Equality) spoke to four leaders in Nicaraguan journalism and media about the state of independent journalism in their country, which has been immersed in a serious human rights crisis since 2018.

The journalists agreed that the independent press continues to withstand attacks by the authorities, including the murder of the journalist Ángel Gahona, the destruction or occupation of newsrooms, physical attacks, threats, intimidation, forced exile, censorship, theft of equipment and the imprisonment of journalists.

“The work of informing, investigating and communicating is under harassment and assault from the government,” says Patricia Orozco, director of the Onda Local radio program. Authorities raided the offices from which the program was produced in December 2018, when the National Assembly canceled the legal status of its partner organization. But despite difficult circumstances, journalists continue to report.

“Journalists and communicators carry out our work under high levels of pressure, risk and threats. Much of the media and many social communicators work from exile. The media that still continues to operate in Nicaragua, which is the case of Onda Local, does so under threats and serious financial limitations,” Orozco explains.

On the other hand, media outlets 100% Noticias and Confidencial, which were arbitrarily raided a year and a half ago, continue to be occupied by the Police. Lucía Pineda, head of press for 100% Noticias, who was previously imprisoned for six months in retaliation for her journalism, points out that if there are “police officers in newsrooms, where journalists must be present, that is proof that the freedom of press is under attack”.

Carlos Fernando Chamorro, director of Confidencial, agrees that “in Nicaragua, journalism is carried out under the risk of physical aggression, assault, and harassment by police and paramilitaries, in conditions of censorship.” He explains that throughout the two years of crisis, “the resistance of the press has rested on the courage of the reporters and their professional, ethical and political commitment, with adherence to the truth at any cost.”

 Aníbal Toruño, director of Radio Darío, a station that was attacked and burned by para-state groups in April 2018, told Race and Equality that the station has been constrained ever since. “The harassment has not changed. The dictatorship has reinvented itself and now uses journalists’ desire to search for information to accuse them or to invent charges against them or to put pressure on the independent media and accuse them of destabilizing the government.”

The Violeta Barrios de Chamorro Foundation, which defends freedom of expression and access to public information in Nicaragua, has documented more than 2,000 attacks on press freedom in the last two years.

In the context of COVID-19

COVID-19 has posed another great challenge for the independent press, as both journalists and the general population have seen their access to truthful and transparent information denied.

“During the coronavirus pandemic, control over public information has been even more centralized,” says Carlos Fernando Chamorro. The Ministry of Health’s press conferences are closed to independent media and the international press, meaning that “only the official media and those belonging to the inner circle of the presidential family can attend.”

Patricia Orozco adds that in a context of widespread disinformation “many citizens report on what is happening in their localities themselves, which in many cases is taken up by independent media.”

For Lucía Pineda, Nicaragua’s Executive “minimizes the pandemic, its impact, its repercussions, and tries to disqualify the work of journalists…the regime takes the alerts and warnings made by health professionals in interviews with independent journalists as a “coup d’état” or as “fake news”.

Along the same lines, Aníbal Toruño highlights that journalists are “in a daily struggle to be able to provide the nation with truthful information, with credible sources, and in the fight to make up for the enormous battles taking place on social networks when they generate news that distorts what is happening in the country.”

Future prospects

Among the journalists interviewed by Race and Equality, despite the attacks on the press, there is a commitment to continue reporting and to do so with the highest standards. Confidencial and 100% Noticias, now broadcasting through social networks since their facilities are still occupied, are using methods familiar to most independent media: spreading their content on YouTube and Facebook to defy television censorship. Meanwhile, radio programs struggle day by day to continue producing quality content that can in turn be broadcast in other communities throughout the country.

Aníbal Toruño, who is currently undergoing quarantine at the Radio Darío offices together with his team, assures that they will continue “building truth and journalism, [even though] it is extremely difficult in the conditions we live in.”

As Lucía Pineda shares: “My commitment remains firm: reporting so that people can make their care decisions in the midst of this pandemic. To keep informing, because keeping silent would make me lose the fight to defend press freedom. The best fight for press freedom is to keep reporting.”

Statement

Race and Equality exhorts the State of Nicaragua to create an enabling environment for freedom of expression and of the press, including the restitution of property owned by Confidencial and 100% Noticias, security guarantees for the practice of independent journalism, and the necessary conditions for independent journalists to broadcast legitimate expressions of dissent, which are fundamental to life in a democracy, on television.

Cover photo: Radialistas

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