Journalists Lucía Pineda and Miguel Mora, as well as 100 other political prisoners from Nicaragua, were released from prison

Journalists Lucía Pineda and Miguel Mora, as well as 100 other political prisoners from Nicaragua, were released from prison

Washington, D.C. June 11, 2019. The Nicaraguan authorities released 106 political prisoners this week, 100 men and 6 women, who were unjustly imprisoned for months. Among those released were two journalists represented by Race and Equality, Lucía Pineda and Miguel Mora, Editor-in-Chief and Director of the 100% News Channel, respectively.

The release of the political prisoners was done under the recently approved Law No. 996, the Amnesty Law, whose approval merited international condemnation for the impunity that it promotes with respect to crimes against humanity committed by the authorities and parastatal forces. This law threatens political prisoners with the loss of the amnesty if they again commit acts that constitute the crimes for which the law grants amnesty. The Nicaraguan authorities have not managed to address the clamor for justice for the victims of repression even after a year of the start of the April protests.

Despite this, Race and Equality is pleased that the political prisoners can return to their homes and are no longer exposed to the cruel, inhuman and degrading treatment and the poor conditions that do not correspond to international standards that they were subjected to in prison.

The release of the journalists, as well as the release of the student leaders, peasant leaders, activists, and human rights defenders who had had greater public exposure during the crisis that began in April 2018 was carried out with the support of the International Red Cross. Besides Mora and Pineda, among the freed political prisoners are: Medardo Mairena, Pedro Mena, Amaya Coppens, Edwin Carcache, Nahiroby Olivas, Brandon Lovo, Glen Slate, Ricardo Baltodano, Carlos Brenes, Yubrank Suazo, Christian Fajardo, Irlanda Jerez and Olesia Muñoz.

“Here (in Nicaragua) there is a dictatorship, there is torture, human rights are violated, there is no freedom of press or expression, media offices are confiscated. Here journalists, citizens, and young people are arrested. That’s the truth, and it’s up to all the journalists to say it,” Miguel Mora told local media. Lucía Pineda said: “we will continue to inform everyone all around the world.”

As of today, 100% News Channel is still under capture by the National Police after being confiscated by the authorities in December 2018.

As a part of of the negotiations between the Nicaraguan Government and the Civic Alliance for Justice and Democracy (ACJD, for its initials in Spanish), which have been suspended since the political prisoner Eddy Montes Praslin died as a result of a shot fired by a prison guard, the authorities had promised to release all political prisoners by June 18, at the latest. In its resolution granting provisional measures to 17 political prisoners, the Inter-American Court of Human Rights had also requested that the government evaluate granting alternative measures instead of deprivation of liberty to these individuals, including journalists Miguel Mora and Lucía Pineda.

In the last two months, the Nicaraguan authorities released more than 600 opponents who were imprisoned for demanding justice for the victims of repression and democracy for the country. However, the Pro-Liberation Committee of Nicaraguan Political Prisoners counts 80 people on their lists who are still in prison.

Race and Equality continues to demand the immediate release of political prisoners, who for months have faced arbitrary judicial processes, torture, degrading treatment, and other human rights violations that demonstrate Nicaraguan State’s failure to comply with its international commitments on human rights.

We also demand full freedom for all political prisoners released, expungement of their criminal records, and that they be allowed to fully exercise their citizenship rights without intimidation, coercion, or reprisals of any kind.

We reject the Amnesty Law approved in Nicaragua and continue to demand justice for the victims of repression

Washington, D.C. June 8, 2019. The National Assembly of Nicaragua approved today an Amnesty Law that allows for the release of 182 political prisoners who remain in prison and the termination of criminal proceedings for those who have been released after being detained in the context of the April’s protests. In exchange, no investigation will be carried out against those responsible for the lethal violence used by the State to suppress the protests, which caused more than 325 deaths, including 24 children and teenagers and 21 policemen. Additionally, two thousand people have been wounded.

Race and Equality recalls that the Nicaraguan government had already committed to release all political prisoners by June 18, through an agreement signed at the negotiating table that was attended by the Apostolic Nuncio Waldemar Sommertag, on behalf of the Vatican, and Luis Ángel Rosadilla, on behalf of the Organization of American States (OAS). Both served as witnesses of the process.

The draft Amnesty Law, sent yesterday to the National Assembly as a matter of urgency, was approved with 70 votes in favor. All of the votes came from deputies of the Sandinista National Liberation Front (FS.L.N.), the governmental party. According to the text of the law, the amnesty covers all political and common crimes, and “it extends to persons who have not been investigated, who are in investigation processes, who are in criminal proceedings to determine responsibility, and who are serving sentences”.

The proposal, like other decisions taken unilaterally by the government and its operators in the Nicaraguan Assembly (such as the recent Law of Reparation for Victims of Violence in Nicaragua and the Reconciliation Law), was not the subject of any debate. The proposal was adopted outside of the negotiation process between the Civic Alliance for Justice and Democracy and the governmental delegation, which has been suspended since the political prisoner Eddy Montes Praslin died as a result of a shot fired by a prison guard.

Race and Equality expresses its strong rejection of this Amnesty Law, which seeks to leave unpunished the crimes against humanity committed by police authorities and parastatal groups that occurred in the context of the repression of the protests of April 2018 and the subsequent months.

The approved law insists on the government’s narrative that what happened in 2018 in Nicaragua was an attempted coup d’état. This law goes against international standards in matters of truth, justice, and reparation, and therefore does not respect human rights or the peace of Nicaragua.

To date, the government has shelved all of the complaints filed by relatives of Nicaraguans who died as a result of the State’s repression, neglecting their legitimate claim for justice. Now, the Nicaraguan government intends to legalize the omission of its duty to investigate and punish such deaths. This includes not investigating crimes that were committed with the consent of the highest leaders of the governmental structure, such as assassinations, incarceration, persecution, rape, torture, and enforced disappearance, as verified by the Interdisciplinary Group of Independent Experts (GIEI, for its initials in Spanish) regarding the 109 deaths that occurred between April 18 and May 30, 2018, which they managed to investigate.

We consider that the release of the political prisoners, as well as the cancellation of their criminal records and processes, should not be conditioned in any way on the exemption of the State’s duty to honor the lives of the victims of repression and investigate and punish those responsible for their deaths. Race and Equality demands the immediate and unconditional release of all political prisoners, who have been subjected to cruel and inhuman treatment for months.

The law passed today by the National Assembly demonstrates that the Nicaraguan government continues to disregard its international human rights commitments. We demand justice, truth, and reparation for the victims of repression. We consider it unacceptable that the Nicaraguan authorities continue to ignore these victims, as they do in the Amnesty Law.

We appreciate the Inter-American Court of Human Rights’ resolution requiring urgent measures for Lucía Pineda, Miguel Mora, and 15 other political prisoners

Washington, DC, May 22, 2019 – The President of the Inter-American Court of Human Rights, Eduardo Ferrer MacGregor, issued a resolution yesterday, May 21, requiring the State of Nicaragua to immediately adopt the necessary measures to effectively protect the health, life, and personal integrity of 17 persons who were imprisoned for having made use of their legitimate right to protest.

Among the beneficiaries of the provisional measures are journalists Miguel Mora Barberena, Director of 100% News Channel, and Lucía Pineda Ubau, Press Officer of 100% News Channel, both of whom are represented by the International Institute on Race, Equality, and Human Rights (Race & Equality), the Nicaraguan Human Rights Center (CENIDH), and Violeta Barrios de Chamorro Foundation (FVBCH).

Pineda Ubau, 45, was detained together with Miguel Mora, 55, on December 21, 2018.  That day, several police patrols broke into the 100% News Channel television station’s facilities at night bearing arms.  During the operation, they dismantled and removed journalistic equipment and illegally detained the journalists.  The detention of the journalists was, according to the Inter-American Commission on Human Rights (IACHR) a consequence of “alleged reprisals for the exercise of their journalistic activity and the right to freedom of expression.”

Mora and his relatives had received precautionary measures from the IACHR just eight days prior to his detention, and currently he is detained in the La Modelo Prison, while Pineda received precautionary measures on February 22, 2019 and to date remains in the La Esperanza Women’s Prison.  Both await an oral public trial for the crimes of inciting, proposing, and conspiring to commit terrorist acts.

The measures granted

The other beneficiaries are student Amayva Eva Coppens; the leaders of the Masaya April 19 Movement Cristhian Rodrigo Fajardo, Yubrank Miguel Suazo, and María Adilia Peralta; members of the Managua April 19 Movement Kevin Rodrigo Espinoza and Edwin José Carcache; campesino leaders Medardo Mairena Sequeira and Mario Lener Fonseca Díaz; university professor Ricardo Baltodano; businesswoman Irlanda Undina Jeréz; sisters Olesia Auxiliadora Muñoz Pavón and Tania Verónica Muñoz Pavón; and human rights defenders Jaime Ramon Ampié Toledo, Julio José Ampié Machado, and Reynaldo Lira Luquez.

The measures granted by the President of the Inter-American Court of Human Rights require the State of Nicaragua to immediately evaluate the granting of alternative measures to imprisonment for 12 of the beneficiaries, including journalists Miguel Mora and Lucía Pineda.  Five of the beneficiaries of the measures were imprisoned May 20, 2019 and placed under house arrest.

In addition, they provide, following the acquiescence of the State, that a delegation of the Inter-American Court of Human Rights will visit the Esperanza Women’s Prison and La Modelo Men’s Prison to interview the beneficiaries and diverse State authorities.  The Inter-American Court of Human Rights delegation will be comprised of its President, Vice President, another judge, the Secretary, and the Secretary’s staff.

In accordance with the provision of the President of the Inter-American Court of Human Rights, the State of Nicaragua must report no later than June 1 on the urgent measures it has adopted in order to comply with the resolution.

Our position

Race & Equality, CENIDH, and the Violeta Barrios de Chamorro Foundation, in our capacity as representatives of Miguel Mora Barberena and Lucía Pineda Ubau, embrace with hope the resolution issued by the President of the Inter-American Court of Human Rights regarding the 17 people imprisoned in Nicaragua who are in a state of extreme gravity and urgency and in need of preventing irreparable harm in the face of the continuous torture, assault, and ill treatment they receive from the authorities and prison officials.

We urge the State to immediately ensure compliance with the resolution issued yesterday by the President of the Inter-American Court of Human Rights, and that it fulfill its obligation to guarantee that the detained persons are in conditions compatible with the respect for their human dignity, their right to health, and their personal wellbeing.  In addition, we expect the State of Nicaragua to guarantee the beneficiaries’ access to the visits of their relatives, lawyers, and doctors so their physical ailments can be duly addressed.

 

Signed:

International Institute on Race, Equality, and Human Rights (Race & Equality)

Nicaraguan Human Rights Center (CENIDH)

Violeta Barrios de Chamorro Foundation (FVBCH)

 

International Day Against Homophobia, Biphobia and Transphobia.

While commemorating the International Day Against Homophobia, Biphobia and Transphobia, we remember the unmet obligation of all countries, especially those in Latin America and the Caribbean, to support persons with diverse sexual identities and gender expressions, as well as to acknowledge and protect their rights. Respect for these rights must be the base for creating public policies and programs that create diverse, peaceful, and just societies.

Although there has been considerable progress in the recognition of LGBTI rights for people around the globe, violence that endangers the physical and moral integrity of those who express diverse sexual orientations or gender identities is still prevalent. A general lack of concern and complicity on the part of the general population perpetuates and makes it impossible to overcome structural violence against LGBTI people. In addition, the lack of access to health, education and work services of these individuals reproduces dynamics of poverty, discrimination and violence.

In Latin America and the Caribbean, acts of hate and discrimination are often based in religious beliefs or principles. These dogmas frequently restrict identity to binary gender norms that do not recognize diverse expressions, and prevent this population from asserting their rights in social and political spheres.

The Experience of LGBTI People in Latin America 

The outlook for LGBTI people in Latin America and the Caribbean for 2019 continues to be discouraging. They are facing the threat of losing advancements that were already fought for and won because of efforts of fundamentalist groups that are continuously spreading misinformation and stigma against LGBTI individuals.

Similarly, it is concerning that intolerance continues to be one of the main motives behind murders committed against LGBTI people, which are often carried out with excessive cruelty. Statistics on these crimes are mostly collected and analyzed by civil society, while States show a lack of interest in collecting this information or in adequately documenting and investigating these crimes.

Brazil, for example, is a country with one of the highest rates of murders of trans persons, according to a report presented by Brazil’s National Association of Travesties and Transsexuals (ANTRA) and the Brazilian Trans Education Institute (IBTE). The report documents that in 2018 alone, a total of 163 trans individuals were violently murdered because of their sexuality and gender expression. According to ANTRA’s president Keila Simpson, these cases occurred during an election period and were motivated by anti-LGBTI speeches given by some of the Brazilian presidential candidates. This situation continues to deeply concern civil society organizations that are working on the defense of LGBTI rights, especially in the context of the current Bolsonaro regime in Brazil. This regime has emphatically refused to denounce or even acknowledge the existence of the concerning violations of LGBTI people’s rights.

Likewise, in the Dominican Republic, the situation for LGBTI people is alarming because of the lack of public policies that promote social acceptance. Civil society organizations have reported many cases of violence against these individuals, but they are not taken into account by state institutions or mass media. According to the last annual report made by the Inter-American Commission on Human Rights, this situation results in greater discrimination against LGBTI people, who also face discrimination based on nationality, race, ethnicity, religious beliefs, gender, etc.

The Dominican State’s refusal to acknowledge the rights of LGBTI rights allows for social acceptance of violence and aggression towards these individuals. Even state authorities often do not see this violence as a problem, as described in a report published by Amnesty International and TRANSSA Trans Siempre Amigas on abuse, violence, and police harassment against trans women sex workers. These women are victims of constant acts of violence perpetuated by police agents who are motivated because of prejudices around their gender identity.

During this significant day, it is important to consider the difficulties that people with diverse sexual identities and gender expressions have in accessing justice. Particularly, laws and government programs in most of the countries of the region have partially or completely ignored the specific ways the LGBTI population’s rights are violated. State responses to these violations must be designed for the specific needs of this population. For example, according the Victims Registry (Registro Único de Víctimas – RUV), created as a part of the Colombian peace process, 3.368 victims of the armed conflict are reported and recognized as LGBTI. Most of them are reported as victims of forced displacement, threats, homicides, and crimes against sexual freedom and integrity. However, one person may have been victim of multiple crimes. Colombia must use these statistics to create programs to address the specific needs of the LGBTI population, who have been victimized in multiple ways.   

Challenges for inclusion

To decrease the poverty and marginalization experienced by LGBTI individuals, shared prosperity for all social groups must be promoted. States have a duty to work toward this, given that one of the principles of the Sustainable Development Goals (SDGs) is to “not leave anyone behind.” Additionally, the five areas for the protection of LGBTI people prioritized by the United Nations Development Program (UNDP) are: 1) economic wellness; 2) personal safety and elimination of violence; 3) education; 4) healthcare; and 5) political and civic participation.

There are still many challenges in the region for protecting the rights of LGBTI people. One of these challenges is the lack of data about the LGBTI population and their needs. If States have no information on LGBTI people, they cannot design programs that will have the needed impact. This lack of data also impedes the development of progressive policies that can achieve the SDGs and the goals of the UNDP.

LGBTI people are victims of intersectional forms of violence that interact with prejudices about their sexual orientation or their gender identity. For example, the violence against an Afro-descendent trans woman who lives in a rural area must be thought from an intersectional perspective that considers these different aspects of identity. This intersectionality is lived by many LGBTI individuals and is not contemplated by States when planning strategies to guarantee their rights. In consequence, gay, lesbian, bisexual, transsexual, and intersexual individuals are revictimized because their reality is not adequately analyzed.

Regional governments should start implementing intersectional policies that recognize the multiple oppressive experiences lived by each person. These policies must recognize that individuals do not fall under one category, but experience the world in ways influenced by their many different identities, including race, age, sexual orientation, and gender identity. In most cases, these identities interact and are experienced intersectionally. Having separate policies for different population categories continues to isolate people and produces more barriers to access to rights.

Secondly, there must be recognition of the particularly vulnerable populations that require immediate and clear protection from the State. Homicidal violence and violence perpetuated by State armed agents against trans people in general, and Afro LGBTI people in particular, shows the need for a prompt solution. The structural discrimination against this population requires a significant intervention from the States and should be prioritized in the region in order to substantially decrease those cases of violence and abuse.

Finally, the current context shows an increase in the popularity of religious fanaticism, which endangers not only the safety and integrity of LGBTI individuals, but also the development of democratic and secular States. Religious fanaticist ideas are boomerangs that tend to hit their own promoters. Tactics of moral blame, sexual repression, or criminalization of people based on religious beliefs promote social instability and lead to a radicalization of opinions and actions. The defense of a secular State is more important than ever when specific religious groups are trying to violently impose their beliefs on others.

Statement 

The Institute on Race, Equality and Human Rights (Race & Equality) joins its voice to thousands of organizations working for the protection of LGBTI people’s rights so that “Justice and Protection for Everyone” can be a commitment assumed by the States and a reality for all individuals. In making this commitment, policies and actions have to be made to protect those that have historically been more vulnerable and oppressed by those who have abused their power.

Race & Equality is aware of the importance of listening to the voices of LGBTI people and calls on States to promote education and dialogue so that inequality, discrimination, and marginalization can be eradicated. Likewise, we urge the international community to continue making statements to promote the protection of LGBTI individuals, especially in this moment of crisis for human rights throughout Latin America and the Caribbean.

STATEMENT: We condemn the death of Eddy Montes, a Nicaraguan political prisoner

Washington, D.C. May 17, 2019. Mr. Eddy Antonio Montes Praslin, a political prisoner of the Nicaraguan Government who was in the custody of the Jorge Navarro prison authorities (better known as “La Modelo”), died yesterday of a gunshot wound inflicted by a prison guard.

The Nicaraguan Minister of the Interior, Luis Cañas, said that Montes Praslin, 57, died at 16:05 hours “while he was being attended by emergency medical personnel who performed a resuscitation procedure.”

According to the official version, the prison guard fired a shot in self-defense after Montes Praslin “rushed the penitentiary staff at the security zone,” struggling with one of the guards “with clear intentions of taking his police weapon and menacing the life of the officials.”

However, the version of other political prisoners documented by local media is that it was an operation in which officials opened fire on several inmates who were in Gallery 16 of “La Modelo.” Unofficial sources have stated that between 17 and 33 prisoners were injured as a result of the attack. We recall that Nicaragua has been immersed for a year now in a context of serious violations of human rights and impunity.

Mr. Montes had been in prison since October 2018 and was charged with crimes he allegedly committed in the context of the April protests. In a disproportionate response, the Seventh Judge of the Hearing, Abelardo Alvir Ramos, ordered pretrial detention without bringing him before judicial authorities within the time required by law. There were also other violations of due process, such as the fact that his case was taken away from the judge that should have had jurisdiction, his presumption of innocence was violated, and the privacy of the process was not respected. The trial, held in the Seventh Criminal District Court of Managua by Judge Melvin Leopoldo Vargas García, was scheduled to begin on May 13 but was rescheduled.

Race and Equality expresses its strong condemnation of the serious human rights violations committed by prison guards yesterday at the Jorge Navarro prison against the right to life, the most fundamental of human rights. This tragic incident demonstrates how the life and personal integrity of political prisoners are at a high risk.

We recall that in relation to persons deprived of liberty, the State has the position of guarantor, in such a way that it is obliged to respect and guarantee the rights of persons deprived of liberty when they are subject to the effective control of the State. This has been emphasized by the Inter-American Commission on Human Rights (IACHR), for two decades now.  In its Special Report on the Situation of Human Rights in the Challapalca Prison, the IACHR asserted that the State, by depriving a person of their liberty, is placed in a position of guarantor of his or her life and physical integrity.

Therefore, we demand that the facts denounced here, as well as the other acts committed against the political prisoners who were also wounded yesterday are investigated in an independent and exhaustive manner and that those responsible for the death of Mr. Eddy Montes and wounding of other political prisoners are punished.

We urge the State to take all preventive measures so that events such as those reported here do not recur and we demand the immediate release of all persons deprived of liberty in the context of the April protests.

 

Main photo: EFE

UPR: States issue recommendations to Nicaragua to ensure respect for the human rights of its citizens

Geneva, May 15, 2019. The call for the State of Nicaragua to respect the human rights of its citizens, including freedom of expression and the right of peaceful demonstration and association, was one of the most recurring recommendations from the more than 90 States that reviewed Nicaragua today during the Universal Periodic Review (UPR), held within the Human Rights Council of the United Nations in Geneva.

The recommendations given to the Nicaraguan State, 259 in total, come after a year of crisis during which serious human rights violations were committed by the authorities and parastatal groups against the population holding demonstrations. As a result, at least 325 people were killed, more than 2,000 were injured, and 62,000 people were forced to flee the country.

Other States issued recommendations to Nicaragua to release the more than 300 political prisoners in the country, to investigate the violent acts that occurred in the context of repression that started in April 2018, and to allow scrutiny by international human rights organizations such as the Inter-American Commission on Human Rights (IACHR) and the Office of the UN High Commissioner for Human Rights (OHCHR), both expelled from the country by authorities.

The State of Nicaragua, represented by Vice Chancellor Valdrack Jaentschke, presented a summary of its country report on the progress of the measures adopted by the State over the past five years to improve the human rights situation. He also repeated the official version of the government, according to which there were no spontaneous demonstrations in Nicaragua, but rather a failed coup d’état.

Jaentschke, taking distance from a widely documented reality, insisted on defending Daniel Ortega’s Administration and denied that the authorities of Nicaragua restrict freedom of expression, repress protests, imprison unjustly protesters, or help parastatal groups suppress demonstrations.

Participation of the States

A total of 94 States made recommendations to Nicaragua to improve the human rights situation in that country, including several Ibero-American delegations such as Honduras, Mexico, El Salvador, Argentina, Peru, Uruguay, Paraguay, Venezuela, Cuba, Bolivia, Chile, Colombia, Costa Rica, Ecuador, Haiti, Bahamas, the Dominican Republic, and Spain.

“My country recommends (Nicaragua) to decriminalize the right to hold peaceful protests and to free persons arbitrarily detained in the context of civil protests; to restore respect for freedom of expression and the press and free journalists who are imprisoned; to guarantee that all the people who were forced to leave Nicaragua since the beginning of the crisis can return, remain in the country in safety, and be free from reprisals; to eradicate the practice of sexual violence against women deprived of their liberty; and to resume the cooperation of Nicaragua with the Office of the High Commissioner, the IACHR and its mechanisms, and to assure them of all the guarantees necessary for the fulfillment of their mandates,” the representative of Costa Rica said.

The delegation of Spain also expressed concern over the human rights crisis in Nicaragua, along with other European countries such as Germany, France, Greece, Italy, Luxembourg, the Netherlands, Portugal, Poland, Switzerland, Sweden, Austria, Belgium, Denmark, and Malta.

The US delegation recommended that Nicaragua punish the officials, agents, and parapolice officers that have been responsible for human rights abuses, conduct investigations into the acts of violence, and allow social and religious organizations to work without restrictions or threats with legal punishment or against their lives.

Other recommendations that were made to Nicaragua were focused on respecting the guarantees of women’s sexual and reproductive rights, such as allowing access to voluntary abortion and expanding measures to reduce levels of teenage pregnancy. In addition, States recommended implementing measures to reinforce and promote equality for Afro-descendant and indigenous people, and that an LGBTI census is conducted to expand protection measures for these communities.

Process

The UPR is one of the main tools of the Human Rights Council in which countries examine each other. These recommendations are fundamental for Nicaragua to overcome the current situation of serious human rights violations and to comply with the international obligations acquired through the ratification of the human rights conventions to which Nicaragua is a party.

The recommendations given today by delegations from around the world will be reviewed by the State of Nicaragua, which will decide in September what recommendations it will commit to fulfill or of which it will only take note.

This is the third time that Nicaragua has been subjected to scrutiny under the UPR, but human rights defenders working in the country recently reported that a significant part of the 164 recommendations acquired by Nicaragua in the 2014 UPR were not fully implemented.

Recently, the Human Rights Council of the United Nations approved a resolution that allows that body to establish a system for monitoring and presenting periodic reports on the current human rights crisis in Nicaragua.

Pronouncement

The delegation of Nicaragua affirmed during the UPR review that there has been progress in access to justice, particularly for the victims of the events of April, and that the media conduct their work without prior censorship or limitations.

The Nicaraguan Vice Chancellor even claimed that no journalist has ever been arrested for exercising the right to inform, suggesting that those in prison have committed illegal acts. However, Miguel Mora, Lucía Pineda, and Marlon Powell were all arrested for their work as journalists.

In addition, he discredited the OACNUDH and the IACHR, insisting that the barricades or roadblocks in the country were centers of criminal operations. He tried to justify the disproportionate use of force used by the police, accused of having executed crimes against humanity, arguing that these forces reestablished public order and acted against what he described as “pockets of violence and terror.”

Regarding freedom of association, he said that the reason why nine organizations had their legal status cancelled was because those NGO’s were used to forge the alleged attempted coup d’etat.

Race and Equality considers it unacceptable that one year after the April protests, the Government’s narrative continues to ignore and cast aside the large body of evidence against the government that exists, without accepting its responsibility in the repression of protests.

We believe that it is unacceptable to continue denying the lives of citizens who protested and were met with death, as a result of State repression. In addition, we consider it inexcusable that instead of taking advantage of the technical assistance that could be supplied by the protection bodies of the regional and universal human rights system, the regime has chosen instead to discredit these important mechanisms.

We hope that the State of Nicaragua accepts the recommendations made and takes the necessary steps to respect freedom and to restore of democracy with the urgency that the situation requires.

Human rights defender Vilma Núñez asks the IACHR to demand respect for the right of association in Nicaragua

Jamaica, May 9, 2019. Yesterday, the President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish), Vilma Núñez, asked the Inter-American Commission on Human Rights (IACHR) to address the State of Nicaragua in conjunction with the relevant bodies of the United Nations regarding the right to freedom of peaceful assembly and association in the country. That right that has been widely violated by the authorities during the crisis that has enveloped Nicaragua since April 2018.

Núñez’s request was made during the regional hearing entitled “Human rights, development and freedom of association” during the 172nd session of the IACHR. The hearing occurred five months after the CENIDH’s legal status was invalidated.

“Thirty years of work by CENIDH were practically eliminated on December 12, 2018, when the National Assembly, controlled by the Ortega-Murillo presidential couple, annulled our legal status,” Núñez said. “On the night of December 13, the Ministry of the Interior gave the order to break into our offices in Managua, and 60 policemen forcefully entered through the roof. They tied our guard’s hands and feet together, beat him, and forced him to remain under a desk for four hours. They destroyed and stole everything,” she added.

Nuñez explained that the Chontales office of CENIDH was also ransacked by the police. On December 14, the organization’s bank accounts were frozen.

Eight other NGOs in the same situation

In addition to having canceled the legal status of CENIDH, the National Assembly invalidated the legal status of eight other Nicaraguan organizations: the Let’s Do Democracy Association, the Center for Health Information and Advisory Services (CISAS, for its initials in Spanish), the Institute for Strategic Studies and Public Policies (IEEPP, for its initials in Spanish), the Segovias Leadership Institute, the River Foundation, the Institute for Development and Democracy (IPADE, for its initials in Spanish), the Popol Na Foundation for Municipal Promotion and Development, and the Communication Investigation Center (CINCO, for its initials in Spanish).

“Repression has an impact on the development of our country in all aspects, since development requires a basic dialogue between the government and civil society, a smooth cooperation between governors and the governed. CENIDH, as well as the other organizations legally invalidated, represented a legitimate expression of citizen participation for the defense and promotion of human rights,” Núñez emphasized.

The human rights defender also denounced that the National Assembly that outlawed nine NGOs has granted legal status to parastatal associations, including the one named “Defenders of the nation.” “This is the legalization of paramilitarism in our country,” stated Núñez.

Petition

Núñez asked the IACHR to accurately assess the status of violations of the right of association in Nicaragua and to include this information in its report on the country.

In addition, she requested that the IACHR demand that the State of Nicaragua, in conjunction with the UN Special Rapporteur on the right to freedom of peaceful assembly and association, respect the right to freedom of association, the right to collectively defend rights, and consequently, immediately restore  the legal status of CENIDH and the other eight NGOs and return all of their assets.

Reactions

Other human rights defenders from Ecuador, Bolivia, Brazil, Venezuela, and Colombia also participated in the hearing to denounce violations of the right to freedom of association in their respective countries.

The UN Special Rapporteur on the right to freedom of peaceful assembly and association, Clément Nyaletsossi, urged defenders to send his office information that can be used as an input on his next report and called on States to eliminate any restrictions on this human right.

“Today we see how, in Venezuela and Nicaragua, the living conditions of citizens are deteriorating because civil society cannot offer their services. Civil society must stimulate and mobilize communities to fight against inequities,” he said.

During the hearing, the Special Rapporteur for freedom of expression of the IACHR, Edison Lanza, revealed that his office is working on a thematic report on social protest in the Americas. “The idea is to develop clear standards regarding the interaction and connection between freedom of peaceful assembly and association with the development of democracy, and economic, social, and cultural rights in the countries,” he explained.

Human rights defenders denounce the context of serious violence faced by Indigenous and Afro-descendant people of the Nicaraguan Caribbean

Jamaica, May 8, 2019. The indigenous and Afro-descendant communities of the Caribbean Coast of Nicaragua are facing a serious situation of violence as a result of the invasions of ancestral territories by settlers, human rights defenders denounced today before the Inter-American Commission on Human Rights (IACHR), during its 172nd period of sessions.

Lottie Cunningham of the Center for Justice and Human Rights of Nicaragua’s Atlantic Coast (CEJUDHCAN, for its initials in Spanish), explained that the conflict between indigenous people and settlers has had “devastating consequences,” because it has impacted rights to integrity, health, food, access to water, a healthy environment, cultural identity, and a decent life. Furthermore, this situation has resulted in the forced displacement of indigenous communities, seriously affecting their traditional ways of life.

The hearing entitled “Situation of the Indigenous and Afro-descendant people of the Caribbean Coast of Nicaragua” was also attended by Ana Bolaños of the Institute on Race, Equality and Human Rights (Race and Equality); Nora Newball of the Creole Government of Bluefields and the Alliance of Indigenous and Afro-descendant People of Nicaragua (APIAN, for its initials in Spanish); and Esteban Madrigal of the Center for Justice and International Law (CEJIL). The State of Nicaragua, which was invited to participate in the event, did not attend.

Context of the conflict

The Atlantic Coast of Nicaragua is a multi-ethnic, pluricultural and multilingual region where nearly 508,000 people with origins from the Mískitu, Sumu/Mayangnas, Rama and Afro-descendant (Creoles and Garífunas) communities live.

This territory “has been ravaged for years by poverty and by a systematic violation of the right to ancestral territories,” said Ana Bolaños, attorney at Race and Equality. As a result of a ruling of the Inter-American Court of Human Rights in 2005, the State of Nicaragua approved Law 445, which established a process of demarcation and titling of these communities’ lands.

Under this law, between 2007 and 2016, 23 territories benefiting 304 indigenous and Afro-descendant communities were demarcated, but the title-clearing process has not been carried out, which is the State guarantee to the indigenous people of “the effective use and enjoyment of their titled territories when faced with their occupation by third parties or settlers.”

In the absence of this process, the settlers, mostly ex-soldiers operating under the Nicaraguan State’s tolerance, extract the natural assets of the communities for marketing purposes.

Despite the fact that the IACHR granted precautionary measures in favor of 12 communities on the Northern Caribbean Coast of Nicaragua and that the Inter-American Court of Human Rights ordered the State to adopt measures to guarantee the life, integrity, territory and cultural identity of seven of these communities, “as of today, there has yet to be an effective response from the State,” according to activists.

Increase in violence

Cunningham warned that violent actions by settlers have increased lately. For example, in February, two women from the community of Santa Clara were kidnapped by 25 armed settlers and forced to work cleaning beans under threat of death.

CEJUDHCAN has documented that between 2011 and 2018, a total of 34 community members have been killed, 44 injured, 25 kidnapped, and four disappeared in the context of the conflict.

Additionally, Cunningham said that the violence has generated a food crisis for members of the communities who cannot access their plots or perform other activities such as hunting and fishing. “In that sense, it has affected maternal health, access to education, and hindered access to the basic means necessary to sustain a dignified life,” the activist added.

According to a study conducted by CEJIL and CEJUDHCAN in 2018, about 23% of children on the Caribbean Coast of Nicaragua suffer from chronic malnutrition and approximately 11% suffer from severe chronic malnutrition.

However, the acts of violence continue with impunity. Out of 65 complaints filed by CEJUDHCAN with the corresponding authorities, 49 were rejected.

Political participation neutralized

Nora Newball, representative of APIAN, an alliance created in 2015 to demand and monitor human rights violations against indigenous and Afro-descendant people, explained to the IACHR Commissioners that the State of Nicaragua has neutralized the civic and political leadership of its people and has installed parallel communal governments.

“In the recent regional elections (of 2019), the participation of the indigenous and ethnic population has decreased due to the high levels of invasion of settlers. 95.5% of councilors belong to national parties and only 4.5% belong to the indigenous party,” Newball said.

The human rights defender and political leader also highlighted that the State has seriously damaged forests and natural resources, with the deforestation caused by the Alba-Forestal company and the imposition of the Interoceanic Grand Canal. The private sector has also affected their communities through the expansion of the African palm, the advancement of the agricultural frontier, extensive cattle raising, and an increase of mining activity and fishing.

Request

Members of the civil society asked the IACHR and the international community to take all the necessary actions to stop the invasion of the territories in the Caribbean Coast of Nicaragua and to ensure respect for the human rights of indigenous and Afro-descendant people.

In particular, they requested the IACHR to demand that the State of Nicaragua immediately cease the repression against indigenous and Afro-descendant people and the human rights defenders who participated in the hearing; to include this situation in Chapter IV(B) of its annual report; and to request the Follow-up Mechanism of Nicaragua (MESENI, for its initials in Spanish) to monitor the situation of indigenous and Afro-descendant people.

In addition, they asked the IACHR to urge the State of Nicaragua to establish a dialogue with the traditional authorities to implement the title-clearing process of the territories and to comply with the protection measures ordered for indigenous and Afro-descendant people, as well as to demand that the State of Nicaragua guarantee the right of indigenous people to choose their authorities according to their traditions and customs.

IACHR interested in visiting the Caribbean

After listening to the interventions of human rights defenders, the Rapporteur on the Rights of Afro-descendants and against Racial Discrimination, Commissioner Margarette May Macaulay, expressed her intention to visit the Caribbean Coast of Nicaragua to “talk to the people, to make this situation more visible and more palpable.” She stressed that her visit would depend on the consent of the State, but remarked: “I hope to and I have the plan to do it if I can.”

The First Vice-President of the IACHR, Joel Hernández, assured that the Commissioners took note of the petitions raised by civil society and stressed that their role is key “in a context of a serious human rights situation, where an absence of the State and where the access to justice has dissipated.”

Other rapporteurs of the IACHR who were present at the hearing, including the Rapporteur for Nicaragua, Antonia Urrejola, and the Rapporteur on Economic, Social, Cultural and Environmental Rights, Soledad García Muñoz, showed a high level of interest in learning details about the situation of the indigenous and Afro-descendant people of the Caribbean Coast of Nicaragua.

We continue demanding freedom, justice, and democracy for Nicaragua

Washington, DC, April 18, 2019 – Today marks one year since a genuine popular uprising began in Nicaragua led by young people, which has ended up changing the country’s direction in pursuit of three concrete demands: freedom for those who have been arbitrarily arrested and the reestablishment of constitutional freedoms, rights, and guarantees; justice for the victims of the repression [and] guarantees of reparations and non-repetition; and democracy for the country.

What has happened in Nicaragua

Twelve months ago, a group of mostly university students together with older people organized protests in the cities of León and Managua due to some reforms that were made to the Social Security Law without holding consultations.  The repression on April 18, 2018 against older people, youth, and journalists by government-aligned mobs and groups caused so much outrage on the part of the population that the protests expanded to several cities throughout the country.  However, the repression also escalated and began being committed with support from the police and parastatal entities utilizing weapons of war.  The first three deaths were reported on April 19.

Thus, during the first six months of the crisis, the violent State repression resulted in at least 325 people dead and another 2,000 injured, according to figures provided by the Inter-American Commission on Human Rights (IACHR), an organ that installed the most extensive in-country mission in its history: from July through December, the Special Monitoring Mechanism for Nicaragua (MESENI) and the Interdisciplinary Group of Independent Experts (GIEI) recorded the incidents of violence and accompanied the victims until the government decided to shutter the former’s mission and not extend the latter’s mandate, as well as pressure it to immediately leave the country.

Through August, the IACHR missions worked jointly with a mission from the Office of the United Nations High Commissioner for Human Rights (OHCHR), which was itself thrown out of the country after presenting a report in which it confirmed that the State had abused its authority and caused extrajudicial executions, forced disappearances, arbitrary detentions, torture, and sexual violence.  The GIEI labeled those same incidents as crimes against humanity.

Fearing deadly violence, possible torture, or arrest, thousands of people fled the country: it is estimated that between 40,000 and 60,000 Nicaraguans went into exile in Costa Rica alone.

In the second six months of the crisis, the repression was selective.  The authorities arrested more than 700 people and hundreds of them were tried for crimes such as terrorism, assassination, robbery, [and] disrupting public order, simply for having participated in the protests.  That was followed by a ban against demonstrations of any kind by citizens in the opposition; the shuttering and confiscation of independent media and forced exile of tens of journalists in the face of imminent arrest; persecution and harassment of Nicaraguan human rights defenders and deportation of nationalized defenders; and arbitrary cancelation of the legal status of non-governmental organizations dedicated to protecting human [and] environmental rights or performing research.

In February of this year, a new attempt at establishing a dialogue has opened the way to a possible peaceful resolution to the crisis; however, while the government has committed to freeing all political prisoners, canceling the judicial proceedings against them, and respecting the citizen rights and guarantees that were revoked a year ago, these commitments have not been respected and the police continue to prohibit peaceful protests and maintain an intimidatory presence on the streets.

What do the Nicaraguan defenders have to say about this?

“It has been a year of pain, outrage, and impotence, a year in which the harshest and most depraved repression in our history has been unleashed,” note the defenders from the Centro Nicaragüense de Derechos Humanos [Nicaraguan Human Rights Center] (CENIDH).

Notwithstanding, they affirm that the crisis “has revealed the unflagging capacity of the Nicaraguan people to persist in its demand for justice,” as well as its high capacity for organization, “despite all of the victims, assaults, and latent threat of being assaulted by the National Police, paramilitaries, and shock troops.”

The Centro por la Justicia y Derechos Humanos de la Costa Atlántica de Nicaragua [Center for Justice and Human Rights of the Atlantic Coast of Nicaragua] (CEJUDHCAN) also highlights that human rights violations continue in the country, and despite the fact that the agreements in the current negotiations have not been upheld by the government, the Center continues to believe that dialogue is necessary and urgent because the crisis in the country is unsustainable.

CEJUDHCAN believes that another issue that has not been included in the negotiations is justice for the indigenous peoples and Afro-descendants with regard to the violations of the indigenous peoples’ right to self-determination, lack of guarantees for indigenous people’s communal property, [and] vulnerability of defenders [and] indigenous community and territorial leaders, among others.

The Asociación Diversidad Sexual Nicaragüense [Nicaraguan Sexual Diversity Association] (ADISNIC) believes three issues of the utmost importance that should be prioritized in the current negotiations are “the return of international human rights bodies; restoration of legal status to civil society organizations who had it canceled; and a cessation of the persecution of defenders and activists.”

In order to comply with these agreements, the human rights organizations agree that it is necessary to be accompanied by international human rights organs such as the IACHR and OHCHR in order for the agreements established by the parties to materialize and inter-sectoral commissions to be created that include civil society, the government, and social movements that act as internal auditors regarding compliance of said agreements.

Nevertheless, CENIDH believes that “as long as there is no political will to guarantee and respect human rights, all of the demands of the Nicaraguan people will remain unsatisfied.”

The organizations recommend that the international community should support Nicaragua in the following ways: continue expounding upon, denouncing, and calling for a cessation of the repression within the framework of regional and international human rights legislation; act as an indispensable bridge in the search for a peaceful solution that guarantees compliance with the accords; continue the conversations in diverse international fora so as to generate greater commitments from other international actors; constantly follow and monitor the state of indigenous peoples’ human rights in Nicaragua; [and carry out] actions to support and monitor the situation of Nicaraguans who have been displaced to other countries, especially countries in the Central American region.

Other ways in which they can show support if the negotiations do not produce the expected results are to promote the application of the Inter-American Democratic Charter in the face of the lack of human rights guarantees and impacts on Nicaraguan democracy; activate extraordinary political and financial pressure mechanisms to confront the human rights crisis (including on the Caribbean Northern Coast of Nicaragua) that has yet to be declared by the national government; and [perform] actions to support and finance civil society organizations in the face of the closure of spaces and imposition of administrative and financial obstacles, so as to guarantee their work in defense of human rights.

Our stance

On this day, Race & Equality adds its voice to the cries for freedom, justice, and democracy for the Nicaraguan people.  We join the urgent call that broad sectors of the national and international communities have repeatedly issued to the State of Nicaragua to commit itself to the efforts undertaken by many sectors of society to reestablish peace and the rule of law that have been weakened since Daniel Ortega returned to power in 2007.

It is our desire that the solution to this conflict that has inflicted so much pain and financial loss on the Nicaraguan people be pursued through dialogue, by guaranteeing critical spaces for political participation, freedom of expression and association, and the full and effective enjoyment of the human rights enshrined in the Nicaraguan Constitution and international human rights instruments.

We call on the State of Nicaragua to have the guarantees of reparations and non-repetition serve as the emblem of the political will that is necessary to ensure that the crimes against humanity which have forever marked the history of the Nicaraguan people within the framework of this conflict do not go unpunished.  To that end, we believe the participation of the international community in the role of mediator is of the utmost importance in the negotiation spaces that have effectively been established in the country, especially in order to guarantee that the voices of the victims, exiled Nicaraguans, and historically invisible sectors are heard and taken into account as a part of the justice process that leads to the reestablishment of peace and democracy.

We urge the government of Nicaragua to establish the necessary conditions to put into practice the agreements that have already been reached by the negotiation roundtable regarding the enforceability of the rights inherent to all Nicaraguans.  To that end, we call for the release of the more than 700 political prisoners who have been arbitrarily detained and unjustly tried.  Likewise, we call for the cessation of the criminalization and harassment of political prisoners, so that their reincorporation into the life of society transpires with due guarantees of their fundamental rights, rather than under conditions of fear and persecution that threaten their integrity and life projects.

We urge the State to guarantee the legitimate right to freedom of expression, opinion, and social protest, participation mechanisms that guarantee societal equilibrium and therefore, q milieu that is favorable for democratic life.  Likewise, we demand that the social organizations, human rights defenders, independent media, and all other opinion leaders cease being victims of persecution, criminalization, and designation as “instigators of social unrest,” and are [instead] permitted to freely and fully participate in the discussion and dialogue as befits a pluralist and inclusive nation.  To that end, we urgently request that the right to freedom of association be guaranteed by restoring the legal status of independent civil society organizations that today are victims of the arbitrary decisions of the government of Daniel Ortega.

We issue a special call to the international community to continue monitoring the state of human rights in the Central American country, particularly at this time of supposed openness to dialogue and negotiation, so that truth, justice, reparations, and guarantees of non-repetition recognize the differentiated impacts the crisis has had on the lives of women, the indigenous population, Afro-descendants, and the LGBTI community, social groups that have historically and structurally been ‘invisibilized’ and marginalized and have become the target of multiple assaults within the context of the sociopolitical conflict that has yet to be resolved.

As an institution that works for the defense and recognition of human rights, Race & Equality dedicates itself to continue working to ensure that the voice of Nicaraguans is heard and effectively taken into account, and so that the crimes committed against those who gave their lives to defend freedom in Nicaragua do not go unpunished.

Remarks in Geneva: Need for International Guarantors to Ensure Respect for Human Rights in Nicaragua

Two Nicaraguan human rights defenders, a journalist, and the relative of a political prisoner discussed on April 4th in Geneva, the current state of the deterioration of human rights in their country and asked for more pressure to be exerted on the Nicaraguan government to permit international guarantors to guarantee the agreements that emerge from the negotiations between the government and civil society.

More than 40 diplomatic missions interested in knowing first-hand about the status of the crisis that began in April 2018 gathered at the event – “Rights, Reprisals, and Repression in Nicaragua” – hosted by the missions of the United States, Argentina, Brazil, Chile, and Georgia in the Palace of Nations at the UN.

As a result of violent State repression, 325 people have died and more than 2,000 have been injured, according to the Inter-American Commission on Human Rights (IACHR).  To date, at least 647 people continue imprisoned for having participated in civic protests.  In addition, media outlets have been shuttered, organizations declared illegal, and more than 50,000 people have had to flee the country to avoid becoming victims of the violence.

The event was moderated by Roger Carstens, Deputy Assistant Secretary of State from the Bureau of Democracy, Human Rights, and Labor; speakers included Paulo Abrão, Executive Secretary of the IACHR; Vilma Núñez, President of the Nicaraguan Center for Human Rights (CENIDH, for its initials in Spanish); Aníbal Toruño, Director of Radio Darío; and Winny Sobalvarro of the Committee in Favor of the Release of Political Prisoners in Nicaragua.

Carstens maintained that it is essential that “all prisoners who were detained for peacefully participating in opposition protests must be released; we want accountability for any crime committed against those prisoners and against all Nicaraguans during the last year,” and he went on to note that “the respect for human rights must be reinstated” in Nicaragua.

Abrão declared that without the presence of international guarantors, the relatives of the victims will not have any assurances that there will be compliance with the agreements assumed by the government: “They will have no assurance that exiles will be able to return to their country without fear and without reprisals, that the process of freeing political prisoners will follow correct protocols, that human rights organizations that were shuttered in the country will have their legal status reinstituted, and that freedom of the press will be restored along with the return of the assets of independent media and radio and television stations that were closed.”

Nor, according to Abrão, will it be possible to guarantee that “the electoral system will be able to produce new elections in the future that can be considered legitimate and that the country’s justice system will be in a position to fulfill and respond to the victims’ demand for the correct sanctions on those responsible for these grave human rights violations.”

Vilma Núñez, for her part, maintained that it has been vital for the human rights defenders and the citizenry in general to have the support of the international community, both in terms of the work of the international human rights protection mechanisms, as well as various countries’ commitment to democracy and human rights.

The Permanent Representative of Argentina to the UN Human Rights Council, Carlos Foradori, recalled that last March the delegations of Brazil, Canada, Costa Rica, Chile, Colombia, Ecuador, Peru, Paraguay, and Argentina presented Resolution L8, “Protection and Promotion of Human Rights in Nicaragua,” which was approved by the Council; its objectives are to include the state of human rights in that country on the international agenda and encourage the High Commissioner for Human Rights, Michelle Bachelet, to periodically present information on Nicaragua to the Council.

“Our countries continue to monitor the sponsors so as to ensure a dialogue process in Nicaragua.  We believe that an inclusive and meaningful dialogue is the best way to make progress in guaranteeing a peaceful solution to the situation,” added Foradori.

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