Two Years of Crisis in Nicaragua: Impunity and Persistence of Human Rights Violations in a Country Now Confronting COVID-19

Two Years of Crisis in Nicaragua: Impunity and Persistence of Human Rights Violations in a Country Now Confronting COVID-19

Washington, DC, April 17, 2020 – This April marks two years of a human rights crisis in Nicaragua, a watershed moment in the recent history of this Central American country, where grave human rights violations persist to this day with consequences for the lives, physical integrity, and individual freedom of Nicaraguans, especially those who defend human rights and express their political opinions or perform independent journalism, and an opposition that confronts wrongful restrictions imposed by the regime on the exercise of their political rights.

In the 24 months since that April 18th that began a peaceful rebellion, and in the face of no responses forthcoming from the State, the three basic demands of the citizenry remain in effect: freedom for political prisoners and the reestablishment of Constitutional freedoms, rights, and guarantees; justice for the victims of repression [and] guarantees of reparations and no repetition; and democracy for the country.

To date, selective repression continues in Nicaragua, with impunity persisting for those responsible for the human rights violations, some of which the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) of the Inter-American Commission on Human Rights (IACHR) warned might constitute crimes against humanity.  There continue to be some 61 citizens detained in the country’s jails for political motives and the arrests continue to transpire, with the most recent being of former prisoners and organized university students.

On the Caribbean side of Nicaragua, more than 800 indigenous people have been forcibly displaced from their communities, representing the occupation by settlers of at least 23,243 hectares of cultivated land, according to the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN).

Freedom of the press has also been restricted.  Since 2018, the Violeta Barrios de Chamorro Foundation has reported more than 2,000 violations of freedom of the press; notwithstanding, journalists continue reporting despite the official restrictions.  The media outlets Confidencial and 100% Noticias continue to be sequestered by the police, without the ability to transmit on open television.  Nonetheless, this period has given rise to 21 new digital platforms and the trade union Independent Journalists and Communicators (PCIN, for its initials in Spanish).

For women, the risk of being victims of violence continues to lurk: 63 femicides were recorded in 2019 and 18 have been documented thus far in 2020.  Female human rights defenders continue to be victims of assaults, while female former prisoners are persecuted and threatened by parastatal groups, as in the case of Tania Muñoz from Masaya and Nelly Roque from Matagalpa.

Within the context of the COVID-19 pandemic, the panorama is disheartening for Nicaragua.  One month after announcing the first case of the illness produced by the coronavirus, the government has not taken urgent measures to combat its propagation, including the basic measures recommended by the World Health Organization (WHO) and the Pan-American Health Organization (PAHO), demonstrating serious deficiencies in its ability to protect its citizenry’s rights to health and life.

State actions related to health in 2018, when it blocked access to medical centers and hospitals for citizenry in the opposition, generates serious fears for the citizenry in terms of the response the public health system will deliver.

As of April 17th, Nicaragua has confirmed nine coronavirus cases and one death, a figure that generates distrust among experts, because in addition to it being the lowest in Central America, the authorities do not inform about the number of tests being administered on a daily basis, nor do they provide transparent information regarding the contagion and persons under observation.  It is additionally worrisome that the government has not adopted a specific plan for the Caribbean coast, where the healthcare services are difficult to access and the majority of the communities lack potable water.

Race and Equality has accompanied the Nicaraguan people and Nicaraguan civil society organizations over the course of these two years by facilitating communication spaces between them and the Inter-American System and universal human rights system.  One of the most recurrent demands expressed in these spaces has been for victims and their relatives to have access to truth, justice, reparations, and guarantees of no repetition that the State has the obligation to provide for them.

We continue to be committed to echoing their demands and we call on the international community to continue paying rightful attention to Nicaraguans’ situation.

Race and Equality calls on Latin American States for more inclusive measures to be taken for transgender people

Washington D.C., March 31st 2020. Today we commemorate the International Transgender Visibility Day, a day to celebrate transgender lives and raise awareness about the discrimination this population faces. On this day, the International Institute on Race, Equality and Human Rights (Race and Equality), wants to give visibility to the issues transgender people face throughout Latin America.

All over the world, racism and other forms of discrimination marginalize and ostracize the trans population. This makes access to health services, education, work, and housing extremely difficult.  Unfortunately, States limited disaggregated data on the situation of trans people rendering them invisible from groups targeted for public policies designated to support vulnerable situations, especially in Latin America. Combined, these factors place them in vulnerable situations where they are more susceptible to different illnesses, addictions, and violence.

Violence against the trans community in Latin America

The trans community continues to face severe incidents of violence. For example, Brazil remains the leading country in trans homicides around the world with 127 registered cases[1], closely followed by Colombia who ranks third, with 21 recorded crimes against this population[2].  According to data collected by the National Association of Travestis and Transsexuals (ANTRA) in Brazil, there was a 90% increase in the first bimester of this year (38) compared to the same period last year (20).[3] According to these statistics, in some countries, to identify as trans is to sign a death sentence.

In Perú, the trans community continues to face large amounts of violence and discrimination. During the 2020 congressional elections, Gahela Cari, the first transgender candidate to run for Congress in Peru, tried to cast her vote when a member of the National Jury of Elections (JNE) refused to recognize her gender identity. Similarly, members of the polling station in Lambayeque harassed Fiorella Mimbela, an LGBTI+ activist, when her legal name and image were spread around social media networks.[4] These are not isolated acts but part of a wider pattern of rejection and violence the Peruvian trans community faces.

In the Dominican Republic, LGBTI organizations have recorded around 48 transgender homicides since 2006. Out of these 48 only 5 have verdicts, demonstrating the trans community not only faces high levels of violence but also faces barriers in access to justice. A more recent case shows that strangers are not always the perpetrators of these heinous acts. Willianny, a trans woman, had both her hair and breasts cut off by her own family members before her funeral, a repudiation of her identity. One LGBT activist, Yimbert Feliz Telemin, commented that “in the Dominican Republic being trans is worse than being a street dog.”[5]

Continual work must be done in order to combat the discrimination and violence against the trans population. Race and Equality calls on all Latin American and Caribbean States to sign and ratify the Inter-American Convention Against all Forms of Discrimination and Intolerance[6] and, for States that have not done so, legally recognize the gender identity of trans and non-binary people in accordance with the Inter-American Court of Human Rights Advisory Opinion 24-17[7]. Additionally, we remind States that many members of the trans community are sex workers and depend on their profession to survive. We call on States to safeguard their rights and guarantee they will not be the object of cruel, inhumane or degrading treatment.

Gender Identity

Much of the discrimination against the trans population is also created from the lack of recognition of their identity.  As ANTRA describes it, it is not only the denial of their name, but their identity, “an appropriation by a society that frequently prefers to expose rather than welcome.”[8] Oftentimes, countries such as the Dominican Republic do not allow trans people to legally change their name while other countries place hurdles such as high costs, long bureaucratic processes, or as in Peru, require the process to be through the courts. Having the correct documentation is just the first step of many to demarginalize trans people from different public spaces. 

In countries where name recognition is legal, there continue to be issues with the lack of information regarding the process, both in relation to the necessary procedures and what to do in cases of discrimination. In rural areas all these issues are exacerbated. Bruna Benavides from ANTRA in Brazil notes that there is little investment in training or capacity building programs for trans leaders, so that they can provide the necessary assistance for people to complete the rectification of their documents.

Trans people during the pandemic

In collaboration with our partners we also ask for the inclusion of trans people in all public policies created due to COVID-19, not only at the local and state level, but also at a federal level, especially those developed to aid low-income, self-employed, and unemployed people. During this time, the stigma and discrimination against the trans population has become more visible. We call on States to guarantee their access to health and put in place protocols that will ensure they are treated humanely and not discriminated against because of their gender identity.

[1] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[2] https://www.rcnradio.com/colombia/colombia-tercer-pais-en-america-con-mayor-riesgo-para-personas-trans

[3]Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019”. 2020.

[4] https://larepublica.pe/genero/2020/01/27/elecciones-2020-gahela-cari-y-fiorella-mimbela-denunciaron-discriminacion-y-transfobia-en-lima-y-lambayeque-transgenero-atmp/?fbclid=IwAR19ssnwXobbu2OkKcjMSZGvPqvRDKc2nkP0N93Hky31Wcz-Smb6nBYdB8s

[5] https://plumasatomicas.com/lgbt/familia-mutilo-senos-cabello-mujer-trans/

[6] To date only Uruguay and Mexico have signed and ratified this Convention. Avaiable at: http://www.oas.org/es/sla/ddi/tratados_multilaterales_interamericanos_A-69_discriminacion_intolerancia.asp

[7] https://www.corteidh.or.cr/docs/opiniones/seriea_24_esp.pdf

[8] Associação Nacional de Travestis e Transexuais do Brasil (ANTRA); Instituto Brasileiro Trans de educação (IBTE). “Dossiê Assassinatos e violência contra travestis e transexuais no Brasil em 2019” 2020.

March 21: International Day for the Elimination of Racial Discrimination

Message from Carlos Quesada, executive director of Race and Equality

Washington DC, 2020, May 21st. Today we commemorate once again the International Day for the Elimination of Racial Discrimination, a day that we at the International Institute on Race, Equality and Human Rights (Race and Equality), take as an opportunity to remember our universal rights to equality and non-discrimination. This message must be echoed in a context of growing intolerance, hate, and superiority speech that do not contribute to the development and well-being of our society.

We have been commemorating this day since 1966, in memory of the 1960 Sharpeville massacre in South Africa, when police opened fire and killed 69 people who were protesting peacefully against the Apartheid Pass Laws. Since then, racial discrimination has subsided considerably in Africa and also in Latin America.

This year, Mexico ratified the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance, thus joining Uruguay, Costa Rica, and Antigua and Barbuda; and also ratified the Inter-American Convention against All Forms of Discrimination and Intolerance, which entered into force with this ratification.

Also in Mexico, the inclusion of the Afro-descendant self-identification question was achieved for the first time in the 2020 Census. However, it was included late in the process, so Afro-Mexican organizations had to start their awareness campaigns just a few months before the census, which is being carried out this month. Currently, the campaign continues with great force led by the Collective to Eliminate Racism in Mexico (COPERA, for its initials in Spanish) along with Race and Equality and in alliance with some government agencies and Afro-Mexican organizations.

In Panama, we are concerned that the census scheduled for May 2020 was postponed until the first quarter of 2021, due to delays with the bidding process. This implied that all progress made on the 2020 Census was suspended, and adjustments to the next steps represent a great challenge. This is because there are several actions that must be carried out such as updating the budget, cartography, and identifying and hiring personnel, among many other duties. However, this period has allowed for the promotion of self-identification among Afro-descendants in both rural and urban communities.

In Colombia, the number of social leaders assassinated in 2019 was alarming: at least 253, of which 91 were Afro-descendant and indigenous leaders, according to the Institute for Development and Peace Studies (INDEPAZ, for its initials in Spanish). Patterns of structural racial discrimination continue to prevent Afro-Colombian and indigenous communities from having effective enjoyment of their economic, social, and cultural rights compared to the rest of the Colombian society. It is a matter of concern that given this situation, the Colombian government has not guaranteed an adequate statistical estimate of the Afro-Colombian population. This is reflected in the 2018 Census, where the black, palenquera and raizal population was reduced by 31% compared to the 2005 Census. The Government is also not offering the conditions needed for the implementation of the Peace Agreement with an ethnic-differential approach.

In Brazil, between January and February 2020, 38 trans women were killed, of whom 75% were Afro-Brazilian. This figure is particularly worrisome because it is 90% higher compared to last year’s figures. In general, most LGBT crimes are committed against Afro-descendants, according to data from the National Association of Travestis and Transsexuals (ANTRA, for its initials in Portuguese).

In Cuba, there is still no implementation plan for the International Decade for People of African Descent. We have managed to document that the majority of the activists who are victims repression by the Cuban Government are Afro-descendants, such as Juan Antonio Madrazo, Marthadela Tamayo or Nancy Alfaya. From the State’s side, there is no opening to recognize the existence of racial discrimination on the island.

From Race and Equality, we will continue to make visible, fight, and denounce the marginalization and injustices that Afro-descendant populations face in the Americas. We will continue to work, especially in the company of our counterparts in the region, who, from their communities, contribute to tehe construction of a more equal society.

On International Women’s Day, Race and Equality Honors the Work of Women Human Rights Defenders

To mark March 8, International Women’s Day, the International Institute on Race, Equality and Human Rights (Race and Equality) wishes to highlight the fundamental role played by women human rights defenders in Latin America and the Caribbean. In a region where rates of sexual and gender-based violence against women are extremely high and multiple forms of discrimination are entrenched, women human rights defenders are key in the fight for the defense of women’s human rights. Likewise, they are at the vanguard of promoting and protecting the rights of others.

Although the vast majority of countries in Latin America and the Caribbean have ratified the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW),[1] women in the region continue to suffer inequalities that negatively impact their full enjoyment of human rights. According to the Economic Commission for Latin America and the Caribbean (ECLAC), more than 3,800 women in 33 countries in the region were murdered because of their gender in 2019.[2] This violence stems from structural inequalities which profoundly affect all women, but especially women members of historically marginalized groups like Afro-descendants and the LGBTI community. For example, according to the Network of Afro-Latin American, Afro-Caribbean, and Diaspora Women, Afro-descendant women are victims of multiple forms of violence, which is often racialized. Likewise, the current discourse on gender ideology in the region, driven by in large part by conservative religious groups, has led to more discrimination against lesbian, bi-sexual, and trans women, as well as more hate crimes and murders. Finally, poverty in Latin America and the Caribbean, as in other regions in the world, has a feminine face, as women are less likely to have access to higher education and work outside of the home than their male counterparts. When women do work outside of the home, they are paid, on average, 17% less than men.[3] All of these factors make the work of women human rights defenders of utmost importance. But, they are also facing some grave challenges.

In Colombia, where the post-Peace Accord reality for human rights defenders is startlingly alarming due to the high rate of murders of defenders and impunity for those murders, women human rights defenders are among the most vulnerable. As the Office of the United Nations High Commissioner for Human Rights recently documented, the number of women human rights defenders killed in Colombia in 2019 increased by 50% over the 2018 number.[4] Afro-descendant and rural women defenders are at generally greater risk, just as they suffer greater vulnerabilities in terms of overall enjoyment of their human rights.

In Cuba, independent women activists are facing an increase in repression and de facto house arrests, as well as reprisals and threats against themselves and their family members. Travel restrictions arbitrarily imposed by the Cuban government routinely prevent independent activists from participating in advocacy activities outside of the island and the application of these against women continues to grow. Furthermore, Cuban women are clamoring for an Integral Law against Gender Violence – a proposal which has been rejected by the National Assembly – and they continue to face difficulties in accessing decent, well-paying jobs.

In Nicaragua, the crisis that began in April 2018 has had a profound impact on women. Women human rights defenders, such as the Mothers of April, have played an important role in the opposition movement, as many have lost their children to the violence of the crisis. There has also been an overall increase in violence against women and femicides, as a result of the crisis. Furthermore, women in Nicaragua also face disproportionate economic consequences due to the crisis, as many have been left as heads of households, with male family members killed, imprisoned, or fired from their jobs because of their political ties.

In Brazil, the situation of violence against women is extremely concerning, especially against Afro-descendant and trans women. Our partners have documented that in the first two months of the year 38 trans women have been killed in the country.[5] This high level of violence makes the work of women human rights defenders – especially those working on behalf of diverse communities of women – all the more difficult and important.

Race and Equality calls on all Latin American and Caribbean States to honor the human rights commitments they have made under CEDAW and other applicable international human rights treaties, to respect and protect the rights of women. We likewise reiterate our support for women human rights defenders, especially those of our partner organizations and in the countries where we work, who so courageously and tirelessly fight to promote and defend the rights of women and others in the region on a daily basis. We thank you and assure you that you are not alone in your work towards a safer, more just, and equitable society for all.

[1] OHCHR. Status of Ratification Interactive Dashboard: CEDAW, https://indicators.ohchr.org/ (last accessed Mar. 4, 2020).

[2] ECLAC. Measuring femicide: challenges and efforts to bolster the process in Latin America and the Caribbean, Nov. 2019, available at: https://oig.cepal.org/sites/default/files/femicide_web.pdf.

[3] UN News. More women in Latin America are working, but gender gap persists, new UN figures show, Oct. 28, 2019, available at: https://news.un.org/en/story/2019/10/1050121.

[4] UN News. Colombia: ‘Staggering number’ of human rights defenders killed in 2019, Jan. 14, 2020, available at: https://news.un.org/en/story/2020/01/1055272.

[5] See www.antrabrasil.org.

High Commissioner Michelle Bachelet updates the Human Rights Council on the situation in Nicaragua

Geneva, February 27th, 2020. During the 43rd period of sessions of the United Nations Human Rights Council, High Commissioner for Human Rights Michelle Bachelet updated the Member States on the situation in Nicaragua, which has suffered a human rights crisis since April 2018, assuring them that repression continues from various fronts.

“Since the presentation of my last report in September 2019, human rights violations have not ceased, within the framework of an extremely complex political and social context,” the High Commissioner stated.

The High Commissioner highlighted the lack of guarantees for the safe return of more than 98,000 Nicaraguans who have left the country; the persistence of threats and intimidation against victims’ organizations and their lawyers; violations of the right to peaceful protest and the rights to freedom of opinion and expression; threats and physical attacks against journalists; arbitrary detentions and the situation of 61 political prisoners; and the recent homicides in rural communities in northern Nicaragua and in indigenous communities in the Caribbean region.

The High Commissioner also noted with regret that nine civil society organizations remain without legal status, the government having cancelled their registrations in December 2018.

In her oral report, the High Commissioner urged the Government of Nicaragua to release those who remain deprived of liberty for reasons related to protests, to guarantee safe conditions for human rights defenders to carry out their work freely and to take all the necessary measures to guarantee the free exercise of journalism.

Finally, the High Commissioner encouraged the Government to implement the recommendations made by her Office and other international and regional mechanisms with urgency. In particular, she reiterated the recommendation to allow the OHCHR to revive its country mission in Nicaragua.

This update concludes the High Commissioner’s mandate for Nicaragua, which had been granted for only one year on March 21st, 2019 by the Human Rights Council under resolution (A / HRC / 40 / L.8) “Promotion and protection of human rights in Nicaragua.”

The Nicaraguan delegation that traveled to Geneva to participate in the 43rd period of sessions of the UN Human Rights Council has held meetings with several diplomatic missions, urging the adoption of a new resolution on Nicaragua to renew the mandate of the High Commissioner.

This delegation is composed of students, former political prisoners, human rights defenders and members of the Nicaraguan Center for Human Rights (CENIDH), Nicaragua Never Again Collective, Association of Mothers of April (AMA) and the Articulation of Social Movements (AMS).

This morning in Geneva, Nicaraguans Vilma Núñez, Dilon Zeledón Ramos and Lizeth Dávila held a conversation on the human rights situation in Nicaragua with First Vice President of the Inter-American Commission on Human Rights Joel Hernández and United Nations Special Rapporteur on the Right to Freedom of Peaceful Assembly and Association Clément Voulé,. The event was organized by the Institute on Race, Equality and Human Rights (Race and Equality), the Center for Justice and International Law (CEJIL) and Civicus, and co-sponsored by the International Federation of Human Rights and the Initiative Mesoamerican Defenders (IM-Defensoras).

Rapporteur Clément Voulé said he had “strong reasons to believe that alarming restrictions to the right of peaceful assembly continue through the violent repression of peaceful protest and an array of measures preventing peaceful assemblies from taking place.” He also reiterated to the Nicaraguan state his willingness to visit the country and to “provide technical support for the country to adhere to the rule of law, democracy and the protection of human rights.”

IACHR Vice President Joel Hernández regretted that a vicious circle of human rights violations is intensifying due to the lack of judicial independence. “Measures for reparation, justice and non-repetition must be given immediately to begin to emerge from this crisis, otherwise we will continue immersed in this vicious circle,” he stated.

Participants also called on permanent missions in Geneva and civil society organizations to keep the theme of Nicaragua on the agenda of the Human Rights Council.

#ONUporNicaragua: Race and Equality calls for the renewal of the mandate of High Commissioner Michelle Bachelet for Nicaragua

February 21st, 2020. The International Institute on Race, Equality and Human Rights (Race and Equality) recently launched the #ONUporNicaragua campaign to ask the UN Human Rights Council to renew resolution A/HRC/40/L.8, “Promotion and protection of human rights in Nicaragua,” originally adopted on March 21st, 2019 for a one-year period. This resolution expressed concern about the allegations of serious human rights violations committed in Nicaragua since April 2018 and increasing restrictions on civic space and expressions of dissent. The Resolution urged the Nicaraguan government to respect the human rights of its citizens, to return to the National Dialogue with protestors and other elements of civil society, and to resume cooperation with international organizations, including the Office of the High Commissioner for Human Rights (OHCHR), the Inter-American Commission on Human Rights (IACHR), and the Organization of American States (OAS).

The core of the resolution is the mandate given to High Commissioner Michelle Bachelet to prepare periodic reports on the situation in Nicaragua and present them to the Human Rights Council. Thus, in July 2019, Deputy High Commissioner Kate Gilmore presented an oral report, and in September 2019, High Commissioner Bachelet released a detailed written report on the progress of the situation of Nicaragua, including recommendations to the State of Nicaragua. The next oral update will take place on February 27th, during the 43rd session of the Human Rights Council.

Race and Equality considers the renewal of this mandate to be of the utmost importance, as it will allow the human rights violations which continue to occur in Nicaragua to be exposed and discussed at the UN Human Rights Council. As a result, the Council can continue to propose solutions and echo the demands of the Nicaraguan people: truth, justice and reparation for the victims of repression.

These images show the importance of the renewal of the OHCHR mandate in the words of Nicaraguans:

91 political prisoners are released in Nicaragua, but harassment continues

Washington DC, January 9, 2020. On December 30th, the Nicaraguan government released 91 political prisoners who had been detained in prisons across the country for anywhere from two to eighteen months. Among the released were sixteen activists arrested for bringing water to a group of prisoners’ mothers who were staging a hunger strike to demand the release of their children.

The move was announced as pressure grows in Nicaragua and internationally for the liberation of political prisoners. The government allowed the International Committee of the Red Cross, the Office of the Nicaraguan Human Rights Ombudsman and the Apostolic Nuncio of Nicaragua, Waldemar Sommertag, to take part in the process.

Political prisoners were transferred to their homes and placed under house arrest, according to the Nicaraguan authorities. As a result, they still have judicial proceedings pending against them and restrictions on their movement.

The 16 activists known as the “water carriers” denounced on Wednesday that their judicial process was “completely irregular and marked by a series of restrictions which make it very clear that we continue to be treated as guilty, although we have not been judged.” Their trial is scheduled for January 30.

According to data from the Nicaraguan Center for Human Rights (CENIDH, by its Spanish acronym), among the 91 released, there are 41 who have already been convicted, 39 who are still being prosecuted and 4 who were detained but never had charges brought against them.

Repression continues

Several former political prisoners have also reported that since their release, they have been threatened and harassed by groups linked to the government and police.

The young Belgian-Nicaraguan Amaya Coppens and her family have suffered several aggressions. On January 1st and 2nd, a group of men aboard motorcycles threw black oil on the walls of their house in Estelí and threw stones at their windows. Police have also lurked near the house constantly since her release.

“The attacks continue on a daily basis. It is difficult knowing that my family is still victimized, but we are trying to stay protected as best we can,” Coppens said on Wednesday.

CENIDH requested that the Inter-American Commission on Human Rights (IACHR) examine the possibility of irreparable damage to the family’s rights to life and physical integrity. CENIDH also called for the Commission to urge the State of Nicaragua to cease the “aggressions and harassment by officials and para-police groups” against the family.

Last December, the IACHR granted precautionary measures to Amaya and the other 15 young people detained for bringing water to the protesting mothers, finding that their life and physical integrity were at risk in the custody of the Judicial Directorate in Managua.

Other former prisoners, including Roberto Buchting, have reported constant harassment, including the continuous surveillance of their homes by para-police groups, threats over social media and even invasions of their homes with the intent to intimidate them.

Still in prison

After an extensive review of the lists of released persons, CENIDH confirmed that 65 political prisoners are still to be released.

“Our commitment to the liberation of all people and all of Nicaragua is firmer than ever. Despite the fact that a group of 91 people was released on December 30th, there are still more than 65 political prisoners, including Katherine Martínez and the trans activist Mayela Cruz,” said the group.

Race and Equality demands the immediate release of all political prisoners in Nicaragua, the closure of legal proceedings against them and the cancellation of their criminal records. We call on the authorities to cease repression, harassment and persecution against those who were arbitrarily imprisoned. It is essential that their return home is free from any threat or attack against them or their families.

Statement by Civil Society Organizations on the Occasion of the Oral Update Regarding the Situation in Nicaragua to be Delivered by the UNHCHR

December 11th, 2019.  We, the undersigned civil society organizations, would like to express our alarm to United Nations High Commissioner Michelle Bachelet regarding the escalation of repression in Nicaragua and the unwillingness of the Nicaraguan State to respond to the appeals contained in the resolution ‘Promotion and Protection of Human Rights in Nicaragua’ (A/HRC/40/L.8) approved by the United Nations Human Rights Council in March 2019.

To that end, nearly a year after the adoption of the aforementioned resolution, we the organizations that sign the present statement wish to report that the concerns, requests, and appeals contained in said resolution continue to be valid today:

1. The grave human rights violations committed in Nicaragua since April 2018

The assaults, threats, and reprisals continue against human rights defenders, journalists, indigenous people, Afro-descendants, LGBTI persons, former prisoners, relatives of victims of repression, boys, girls, and adolescents, members of the Catholic Church, and citizens exercising their right to dissent.  Illegal forced entries and degrading treatment by the police continue being recorded, as occurred in the recent case with the Reyes Alonso family.  Police violence that produces lethal effects is ongoing, above all in the countryside, where organizations have recorded the assassinations of some 30 campesino leaders between April 2018 and September 2019 in incidents that could constitute extrajudicial executions.

2. Restrictions on civic space and expressions of dissent in Nicaragua

The legal status of nine non-governmental organizations that were shuttered in December 2018 with the goal of ending decades of work in defense of human rights and democracy has not been restored.  Their assets are in the hands of the police.  The media outlets Confidencial [Confidential] and 100% Noticias [100% News] continue being unable to broadcast on open television and their offices and work equipment have been illegally occupied for nearly a year.

3. Respect for the rights to freedom of assembly, association, and expression

The police restriction to respect the right to protest has not been nullified.  Nor has the government addressed the appeal of the international community to release persons who have been arbitrarily or illegally detained.  While it is true that more than 400 people were released from prison between February and May of this year, the Alianza Cívica por la Justicia y la Democracia [Civic Alliance for Justice and Democracy] reports that through November, at least 159 people continue to be jailed, including two adolescents.  Those political prisoners include 16 defenders detained in November for bringing water to a group of mothers on a hunger strike.  These people are criminalized for their opposition to the government and their work denouncing [violations] and protecting human rights.

4. Cooperation with the Office of the High Commissioner, mechanisms of the Human Rights Council, and the organs created by virtue of competent treaties, as well as the Organization of American States and Inter-American Commission on Human Rights (IACHR)

On August 30, 2018, the Ministry of Foreign Affairs of Nicaragua rescinded the invitation to the OHCHR and in December 2018 decided to expel the Interdisciplinary Group of Independent Experts (GIEI) and the IACHR’s Special Monitoring Mechanism for Nicaragua (MESENI) from the country.  Since then, they have not been able to reenter the country, despite multiple requests.

5. The resumption of the National Dialogue

The government continues refusing to rejoin the Dialogue Roundtable, nor does it accept civil society organizations’ willingness to comply with the roadmap that had been approved by the previous Dialogue begun in February 2019.  While the Nicaraguan Assembly approved Law 985 in January of this year, whose purpose is to “establish the general legal framework that guarantees a culture of dialogue,” this law does not take into account the multiple human rights violations that have transpired since April 2018, nor does it consider members of the opposition or human rights defenders to be subjects of the Dialogue.

6. An exhaustive and transparent process of accountability with an eye to ensuring that victims of human rights violations and abuse in Nicaragua can access justice and reparations

The government of Nicaragua continues denying the denunciations of human rights violations and hopes to perpetuate impunity through legal instruments such as the Amnesty Law approved in June 2019, which does not comply with human rights standards with regard to accountability and has not included civil society participation in its process of adoption and the Comprehensive Attention to Victims Act approved last May, which does not enshrine the right of victims to file appeals before judicial authorities and continues designating individuals opposed to the government as authors of the failed coup d’état rather than victims of repression.  Nor has it provided an explanation for the 328 assassinations documented by the IACHR or prosecuted the material or intellectual authors of those crimes.

7. Exhaustive report of the United Nations High Commissioner for Human Rights regarding the human rights situation in Nicaragua

We, the undersigned organizations, are warning about the risk of greater violence on one hand, keeping in mind that the causes that motivated the protests in April have not been addressed by the State and on the other, we anticipate tensions once elections draw near in November 2021 and the government of Nicaragua exerts greater force to ensure its reelection without essential democratic guarantees.  As of this writing, there are no indications in Nicaragua that the authorities have the will to guarantee truth, justice, and reparations for the victims of the repression and their relatives.

We the organizations that have signed the present statement ask the United Nations High Commissioner for Human Rights to keep in mind the context described above when she delivers her next oral update in March 2020.  We additionally urge the United Nations Human Rights Council and diplomatic missions at the United Nations to renew the ‘Promotion and Protection of Human Rights in Nicaragua’ resolution so that the OHCHR can continue monitoring and documenting the grave human rights situation in Nicaragua.

Signatories:

  • Instituto Internacional sobre Raza, Igualdad y Derechos Humanos (Raza e Igualdad)
  • Servicio Internacional para los Derechos Humanos (ISHR)
  • CIVICUS: World Alliance for Citizen Participation
  • Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
  • Fondo de Acción Urgente para América Latina y el Caribe (FAU-AL)
  • Centro por la Justicia y el Derecho Internacional (CEJIL)
  • Concertación Interamericana de Mujeres en Acción
  • Arrupe Human Rights Observatory (USF)
  • Centro Nicaragüense de Derechos Humanos (CENIDH)
  • Comisión Permanente de Derechos Humanos (CPDH)
  • Centro de Información y Servicios de Asesoría en Salud (CISAS – Costa Rica)
  • Iniciativa Nicaragüenses de Defensoras (IN-Defensoras)
  • Comité de América Latina y El Caribe para la Defensa de los Derechos de las Mujeres (CLADEM)
  • Asociación Madres de Abril (AMA)
  • Colectivo de Derechos Humanos Nicaragua Nunca +
  • Fundación Puntos de Encuentro
  • Instituto de Estudios Estratégicos y Políticas Públicas (IEEPP)
  • Academia Nicaragüense de las Ciencias Jurídicas y Políticas
  • Academia de Ciencias de Nicaragua (ACN)
  • Centro de Investigación de la Comunicación (CINCO)
  • Fundación Violeta Barrios de Chamorro (FVBCH)
  • Instituto de Liderazgo de Las Segovias (ILLS)
  • Asociación Hagamos Democracia (Hademos)
  • Instituto para el Desarrollo y la Democracia (IPADE)
  • Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua (CEJUDHCAN)
  • Centro de Asistencia Legal a Pueblos Indígenas (CALPI)
  • Centro de Investigación y Acción Educativa Social (CIASES)
  • Unidad de Defensa Jurídica (UDJ)
  • Movimiento por Nicaragua (MpN)
  • Movimiento Autónomo de Mujeres (MAM)
  • Red de Mujeres Contra la Violencia (RMCV)
  • Red de Mujeres de Matagalpa
  • Colectivo de Mujeres de Matagalpa
  • Asociación Colectivo de Mujeres 8 de Marzo
  • Movimiento de jóvenes feministas Las Malcriadas
  • Grupo Lésbico Feminista Artemisa
  • Mesa Nacional LGBTIQ Nicaragua
  • Fundación POPOL NA
  • Fundación del Río
  • Radio Darío
  • 100% Noticias
  • Radio La Costeñísima
  • Confidencial
  • Periodistas y Comunicadores Independientes de Nicaragua (PCIN)
  • Movimiento Nicaragüense de Profesionales del Turismo
  • Centro de Estudios y Capacitación Familiar (CEFA)
  • Centro de la Mujer ACCIÓN YA
  • Acción en Red
  • Asociación Agentes de Cambio
  • Cotidiano Mujer
  • Centro de la Mujer Peruana “Flora Tristán”
  • DEMUS – Estudio para la Defensa de los Derechos de la Mujer, Perú
  • Colectivo por la Igualdad de Género Piura
  • Feministas por la Democracia
  • Grupo Impulsor Mujeres y Cambio Climático (GIMCC)
  • Activismo Digital Nicaragüense (ADNIC)
  • Acción Universitaria
  • Unidos por Nicaragua
  • Movimiento Costeño Autoconvocado
  • Movimiento Universitario Costeño 19 de Abril
  • Comité Cívico Universitario
  • Movimiento 19 de Abril de Rivas
  • Morada Feminista Nicaragua UK
  • Unidad por los Exiliados Nicaragüenses en Panamá
  • Feministas Autoconvocadas de Barcelona
  • SOS Nicaragua Madrid
  • Feministas Madrid por Nicaragua
  • GENERA
  • Movimientos Sociales de Nueva Segovia
  • Movimiento 19 de abril Matagalpa
  • SOS Nicaragua France

Human Rights Day: We Remain Committed to the Defense of Human Rights in Latin America

Washington, D.C. December 10, 2019. The International Institute on Race, Equality and Human Rights today joins the celebration of International Human Rights Day, which commemorates the adoption of the Universal Declaration of Human Rights by the United Nations General Assembly. Seventy-one years after the approval of the document that marked a milestone in the recognition of the inherent rights of all human beings, establishing that they should be respected without distinction as to race, color, religion, sex, language, political opinions, origin, or any other condition, the Institute on Race, Equality and Human Rights (Race and Equality)continues to advocate for the compliance with and defense of said Declaration.

On this day, we remember that the human rights situation in Latin America is critical, and therefore, urgent action by the States is needed to effectively monitor and guarantee the rights of its citizens, especially those populations that have historically been marginalized.


In Cuba, we are concerned about the situation of political prisoners and the harassment and repression against independent activists and journalists. The case of political prisoner José Daniel Ferrer García, General Coordinator and founder of the Unión Patriótica de Cuba – UNPACU (Patriotic Union of Cuba), is alarming, seeing as three months have passed since his arrest, he is yet to be granted a trial, and he is ill-treated in the cells of the prison in which he is detained. His situation is especially worrisome because he could have the same fate as several other independent activists who have been convicted of common crimes upon expressing their opinions. For example, the Dama de Blanco (Lady in White) Martha Sánchez is currently in prison under a sentence of four and a half years. Similarly, the situation of independent activists and journalists suffering from travel restrictions without any legal justification is alarming.  This violates every Cuban citizen’s right to freedom of circulation. Regarding this situation, we support the proposal for a peaceful and symbolic demonstration in favor of the right to free circulation that will be held this Tuesday at the José Martí International Airport terminal. We recall that any demonstration or peaceful expression of an individual constitutes an inalienable right under international law.


In Nicaragua, the serious political and human rights crisis that the country has been facing for almost 20 months does not seem to improve. Authorities refuse to respect dissenting voices and continue to violate the human rights of Nicaraguans, including the right to protest, to free mobilization, and to freedom of expression and of the press. To date, about 150 prisoners and political prisoners have been counted, who all go through corrupt trials that lack constitutional guarantees. Nor have international organizations such as the Office of the United Nations High Commissioner for Human Rights (OHCHR) or the Inter-American Commission on Human Rights (IACHR) been allowed to return to the country, while local organizations face persecution and the permanent siege by police and government-related groups.

In Colombia, the violence that is experienced after the signing of the Peace Agreement prevents us from thinking about true progress over the inequalities, marginalization, and terror that still exist in the Colombian territories. Today, the systematic assassination of social leaders is one phenomenon that lacerates the integrity of human rights defenders. According to official figures, approximately 343 homicides of social leaders were reported between January 2016 and August 2018; however, civil society organizations report more than 400, of which around 40% were against Afro-descendant and indigenous leaders. To this is added the “statistical genocide” that represents the latest results of the population survey: official figures reported 2.9 million people who recognized themselves as Afro-descendants in the 2018 Census, at least one million less than reported in 2005. This month, after two weeks of national strikes and social mobilizations of the Colombian people that call for immediate and urgent responses to serious violations of fundamental rights from the State, the breach in the effective implementation of the Peace Agreement, and the commitments accepted in matters of truth, justice, reparation, and guarantees of non-repetition, representatives of civil society organizations continue to support the construction of peace through a peaceful route that makes it possible to come together in the midst of differences.

Part of the Race and Equality team along with human rights defenders from Latin America.


During 2019, the persistent violence and discrimination against the Afro-LGBTI population was a problem that was studied more closely by the International Human Rights Protection Systems. This year a hearing was held before the Inter-American Commission on Human Rights on the situation of the Afro-LGBTI population in the Americas, with the presence of representatives from Brazil, Colombia, the Dominican Republic, and Peru. Additionally, the UN Independent Expert on Sexual Orientation and Gender Identity (SOGI), Victor Madrigal, met in Colombia with Afro-LGBTI organizations in Cartagena, and Commissioner Margarette Macaulay visited Afro-LGBTI activists from the Favela de Maré in Rio de Janeiro in Brazil.  

All these activities are framed in a year in which violence against Afro-LGBTI people has persisted. Brazil remains the country with the highest number of murders of trans people in the world. According to current data from the Associação Nacional de Travestis e Transexuais – ANTRA (National Association of Trans People) in Brazil at least 106 transgender people were killed in Brazil until November of 2019.  Many of these victims are Afro-descendant trans women. In other countries such as Colombia and the Dominican Republic, violence against the Afro-LGBTI population still persists, with the reoccurrence of many homicide cases. Other expressions of violence, as in the case of Nicaragua, are strongly associated with a repressive political and religious context that impacts the lives of LGBTI activists, even reaching measures such as exile, to avoid arbitrary detentions and torture.


In Mexico, Panama, and Peru, the incorporation of racial and ethnic self-identification questions in population and housing censuses remains a great challenge in the collection of real and permanent statistical data that reflects the characteristics of the Afro-descendant and indigenous populations of those States. Civil society organizations have repeatedly denounced the lack of statistical information on ethnic peoples, stating that it is due, among other things, to a lack of dialogue and participatory work, seeking to develop questions of racial self-identification in conjunction with ethnic communities. On the contrary, the censuses contain questions that lack context, which means that they are difficult to understand, and this results in erroneous, incomplete, or not addressed statistical data in them. For this reason, the creation of government plans, programs, or policies for the benefit of overcoming this population’s reality of inequality and social injustice are complex to implement and materialize.

After five years of the founding of the International Institute on Race, Equality and Human Rights, we remain committed to the defense of human rights in the region, especially in the countries where we work: Brazil, Colombia, Cuba, the Dominican Republic, Mexico, Nicaragua, Panama, and Peru. We continue to work to promote and protect the human rights of marginalized populations, especially those due to national or ethnic origin and sexual orientation or gender identity, in addition to those who think and show distinct opinions. This December 10, we reaffirm our desire to contribute to the construction of an equitable society for all based on the Universal Declaration of Human Rights.

Thirteen Nicaraguan activists face judicial proceedings aimed at criminalizing an act of solidarity

Washington D.C. November 19, 2019. Four days after being arbitrarily detained in the city of Masaya, a group of thirteen human rights defenders and activists were charged by the Nicaraguan Public Prosecutor’s Office with illicit arms trafficking, and were taken to a court hearing before the deputy judge Cruz Adalberto Zeledón in the capital city of Managua on Monday.

The activists were arrested last Thursday night (November 14th) as they were traveling in a 4-vehicle caravan to the San Miguel Arcángel Church, with the goal of providing water and medicine to a group of political prisoners’ mothers who are on a hunger strike demanding the immediate release of their children.

The detainees are part of the Blue and White National Union (UNAB, for its initials in Spanish), a grouping of social movements, civil society organizations, activists, human rights defenders, students, and organized citizens that demands the Ortega-Murillo government leave power through democratic means.

The names of the 13 prisoners are: Ivannia Álvarez Martínez, Amaya Coppens Zamora, Neyma Hernández Ruiz, Jesús Tefel Amador, José Medina Cabrera, Atahualpa Quintero Morán, Wendy Avilés Juárez, Olga Valle López, Roberto Buchting Miranda, Hansel Quintero Gómez, María Hurtado Chamorro, Melvin Peralta Centeno and Derlis Hernández Flores.

Three other persons, who according to their relatives were arrested on different dates, were also prosecuted in the same case: Jordan Lanzas Herrera, Marvin López Ñamendiz and Wilfredo Brenes Domínguez.

Detention

One of the activists recorded the arrest, conducted by several cars full of police, in a Facebook Live video: first, the police officers blocked their path, then approached them to request their identification and the vehicle’s documentation. Without being told why, the activists were then told to proceed to the police station in Masaya.

However, the accusation presented by the Nicaraguan Public Prosecutor’s Office gives another version of the story. It says that during the police stop, “the aforementioned reacted violently, disturbing the order and peace in the area, thus obstructing the police work.” On Monday, the second-in-command of the Directorate of Judicial Assistance, Victoriano Ruiz, said that police found twelve Molotov bombs, three revolvers, four smaller firearms, and a shotgun in the vehicles, which the group of activists allegedly intended to use in attacks on Masaya, Managua, and Chinandega.

“This is one more act of the great circus that this regime is running in Nicaragua. They could not find anything else to invent. Imagine the fear they have about a group of young people carrying water to a church, a humanitarian act, that they have to accuse them with tremendous nonsense,” said Mario Hurtado, brother of María Hurtado, to the media outlet Confidencial.

The detainees were not arrested in flagrante nor did the authorities have an arrest warrant for them. The 48-hour deadline for presenting detainees before the judge was ignored, and the activists were not allowed to communicate with their lawyers before being taken to the hearing. Furthermore, their families were not notified of the detention, and neither they nor their families were told the crimes for which they were arrested.

Inhuman Treatments

On the contrary, the detainees told their defense lawyers -whom they met during the court hearing- that they had been beaten in the police station and that three members of the group had been taken to punishment cells, which lack sunlight and ventilation.

On Tuesday, Maynor Curtis, the defense lawyer for the 25-year-old Belgian-Nicaraguan Amaya Coppens, reported that Amaya was detained in a punishment cell. According to Curtis, the officers did not give Coppens the asthma and blood pressure medication that her parents had brought her. As a consequence, she had health problems on the night of Friday, November 15, and should have been taken urgently to the medical post within the jail.

It is expected that the judicial process, admitted by Judge Zeledón of the fifth district criminal court, will resume on November 28th.

Statement

Race and Equality condemns these actions that criminalize acts of solidarity and violate the right to defend the human rights of freedom of mobilization and peaceful demonstration. In different international forums, we have exposed the deep deterioration of judicial independence in Nicaragua and how the Nicaraguan judiciary was brought into the government’s scheme to violate human rights. We regret that prosecution for unfounded crimes persists as a repressive mechanism, having been used against more than 400 people during the past year by the Nicaraguan State, violating detainees’ rights to due process and minimum guarantees.

We demand that the State of Nicaragua immediately release the more than 150 political prisoners it holds, definitively dismiss the investigations and judicial cases against them, expunge their criminal records, and return their property confiscated at the time of the detention. The state must guarantee reparation for human rights violations and for the social, moral, and material damages these prisoners have suffered, as well as those suffered by all those who were arbitrarily detained and prosecuted after the events of April 2018.

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