UPR: Nicaragua Denies Human Rights Violations in the Name of Sovereignty

UPR: Nicaragua Denies Human Rights Violations in the Name of Sovereignty

Geneva, November 15, 2024 – The Institute on Race, Equality and Human Rights (Race and Equality) expresses deep concern over Nicaragua’s position at the Universal Periodic Review (UPR) of the UN Human Rights Council held on November 13. The State’s speech, far from showing any commitment to human rights, overlooked international reports on harassment against political opponents, activists, and journalists. Race and Equality urges the Nicaraguan government to accept the recommendations from other States and take concrete actions to ensure the protection and respect for human rights in the country.

During the UPR, Nicaraguan Attorney General Wendy Morales Urbina stated that the government promotes and protects human rights, highlighting “poverty reduction, gender equality, and expanded access to education and health.” The delegation also emphasized Nicaragua’s supposed commitment to international law and the UN Charter’s principles, focusing on “sovereign equality of states and non-interference in internal affairs.”

In stark contrast to this stance, 51 out of 88 States raised serious concerns about the grave human rights situation in Nicaragua, offering recommendations to address these issues. Key concerns included the shrinking civic space, condemned by countries such as Germany, Spain, the United States, and Canada; arbitrary political arrests; and the unlawful deprivation of Nicaraguan nationality, practices denounced by Argentina, Costa Rica, Colombia, and Chile.

In response, the States issued 279 urgent recommendations, including the immediate and unconditional release of political prisoners, ending arbitrary arrests, restoring civic space, and cooperating with international human rights mechanisms. Canada, for example, called on Nicaragua to respect constitutional rights, personal freedom, and protection from arbitrary detention and torture, demanding the immediate release of all political prisoners.

Chile recommended ending the practice of depriving individuals of nationality as a punitive measure and reinstating the nationality of those stripped of it. The United Kingdom urged Nicaragua to modify Law 1145, related to nationality and address concerns over recent reforms to the Criminal Code that allow the persecution and confiscation of assets from exiled Nicaraguans or foreigners accused of “crimes against the state.”

Other States focused on the human rights of historically vulnerable populations, such as Brazil, which highlighted the need to investigate and punish acts of violence against minorities, particularly Indigenous and Afro-descendant peoples. Norway called for immediate measures to prevent discrimination against Indigenous peoples, Afro-descendants, and LGBTI persons, as well as to address gender-based violence.

Race and Equality is particularly alarmed by the lack of information regarding Indigenous leaders Brooklyn Rivera, a former legislator forcibly disappeared since September 2023, and his alternate, Nancy Elizabeth Henríquez, who remains arbitrarily detained in unknown conditions. The State’s first response to these cases was to claim Rivera was dismissed for abandoning his parliamentary duties and both were stripped of immunity for “investigation on grave crimes such as treason and spreading false news.”

Race and Equality is concerned about the opacity and lack of information regarding Rivera’s whereabouts, with no proof of life provided. These cases reveal a pattern of systematic harassment against human rights defenders under laws that criminalize dissent, particularly those representing vulnerable communities.

We are also concerned about the statement by the State of Nicaragua that it will not sign the Rome Statute, a position expressed in response to questions from other States. Nicaragua argued that this decision is due to the threat it poses to its sovereignty, stating that the protection of human rights is a matter of “exclusive jurisdiction” and that strengthening its national judicial system is the appropriate mechanism to ensure justice and respect for the rights of its citizens. This rejection of the “imposition of foreign jurisdictions to the detriment of its internal autonomy” reflects a stance that limits cooperation with international justice systems and undermines access to justice for victims of human rights violations, particularly in a local judicial system criticized for its lack of independence.

We also regret the State’s continued rejection of the work of the Group of Experts on Human Rights in Nicaragua (GHREN), dismissing their reports as lacking value, credibility, and objectivity. In the session, the State expressed that its reports and updates “lack value and credibility, reflecting falsehoods, distorted facts, unilateral, biased, and without any objective basis,” reasons for which they do not accept its recommendations “which aim to interfere in Nicaragua’s internal affairs.”

Finally, Race and Equality urges the Nicaraguan government to accept and implement the recommendations provided by States during the UPR. We call on the international community to remain vigilant in ensuring compliance with these recommendations. It is critical that Nicaragua releases all political prisoners, guarantees freedom of expression and association, and cooperates with international bodies to ensure accountability for human rights violations.

Race and Equality reiterates its commitment to monitoring the situation in Nicaragua and supporting international efforts to ensure truth, justice, reparation, and non-repetition for the victims of human rights violations since 2018, and to take the necessary steps to restore democracy and respect for human rights in Nicaragua.

At IACHR Hearing on Nicaragua: International Financial Institutions Inadvertently Fund Crimes Against Humanity

Washington, D.C., November 15, 2024 – “The international community and various funds from International Financial Institutions (IFIs) are inadvertently financing crimes against humanity,” stated Arif Bulkan, Special Rapporteur on Nicaragua for the Inter-American Commission on Human Rights (IACHR), during the thematic hearing titled “Nicaragua: International Financial Support and Its Impact on Human Rights,” held on Thursday, November 14.

The hearing included representatives from the Institute on Race, Equality and Human Rights (Race and Equality), the Inter-American Dialogue, Fundación del Río, and Urnas Abiertas; commissioners from the IACHR; and members of the Group of Human Rights Experts on Nicaragua (GHREN).

Christina Fetterhoff, Director of Programs at Race and Equality, opened the session by outlining Nicaragua’s ongoing democratic and human rights crisis. She highlighted the Ortega-Murillo regime’s power consolidation, the closure of civic spaces, and systematic repression of dissent. “The regime has canceled the legal registration of over 5,400 civil society organizations out of the 7,200 that existed. However, despite extensive documentation of the crisis, international development projects funded by international financing have not been reviewed, suspended, or canceled,” warned Fetterhoff.

Marcelo Azambuja, Legal Program Officer at Race and Equality, revealed that the World Bank, Inter-American Development Bank (IDB), and the Central American Bank for Economic Integration (CABEI) currently support 88 projects in Nicaragua worth $4.35 billion. Of these, fifty projects worth $2.7 billion were approved after 2018, when Nicaragua’s crisis intensified.
“None of these institutions has publicly addressed the crisis as a factor influencing the approval or monitoring of these projects,” Azambuja emphasized.

He also pointed out that international human rights law obliges IFIs to respect human rights by implementing due diligence measures to prevent adverse impacts. In Nicaragua, their failure to do so has violated freedom of expression through restricted access to public information about internationally funded development projects and policies.

Manuel Orozco, Director of Migration, Remittances, and Development at the Inter-American Dialogue, described the state capture in Nicaragua, where the Ortega-Murillo regime exploits state institutions and external debt for personal gain. Orozco highlighted that the regime’s authoritarian economy relies on fiscal revenue appropriation and extortion of the private sector.
He noted that Nicaragua’s reliance on external financing increased from 46% to 56% of GDP between 2017 and 2023, with public debt reaching nearly $9 billion.

Olga Valle, Director of Urnas Abiertas, emphasized that the authoritarian economic model and lack of public fund oversight have transformed the state into a vehicle for elite enrichment rather than public service. She urged IFIs to improve transparency mechanisms and adopt measures ensuring resources benefit Nicaraguans instead of the ruling elite.

Amaru Ruiz, Director of Fundación del Río, raised concerns about “green financing” directed to the Ortega-Murillo regime. Nicaragua currently manages 27 environmental projects worth $384.8 million, 66% of which are donations. Ruiz highlighted negative environmental impacts, including deforestation, greenhouse gas emissions, and biodiversity loss. He also called for greater oversight and monitoring of green financing projects to ensure transparency and respect for Indigenous and Afro-descendant rights.

Jan-Michael Simon, President of GHREN, noted the government’s systematic cancellation of 80% of nonprofit organizations’ legal status under the pretext of anti-terrorism measures. This reflects the regime’s inverted rule of law, he argued.

The hearing concluded with calls from Pedro Vaca, IACHR Special Rapporteur for Freedom of Expression, for a thorough examination of how financial resources enable repression in Nicaragua.

The participating organizations recommended that the IACHR:

  • Issue a resolution on the scope of human rights obligations concerning international financial support.
  • Establish a working group between the IACHR, IFIs, and civil society organizations to address sustainable development and human rights in Nicaragua.
  • Publicly highlight the risks of adverse impacts from IFI-funded projects in Nicaragua.

UPR Nicaragua 2024: Race and Equality calls for strong recommendations in the face of systematic human rights violations in Nicaragua

Geneva, November 12, 2024.- The State of Nicaragua will be evaluated in the Universal Periodic Review (UPR) of the United Nations Human Rights Council tomorrow, Wednesday, November 13. The Institute on Race, Equality and Human Rights (Race and Equality) urges the participating States of this space to make forceful recommendations in the face of the systematic violations that the State of Nicaragua continues to commit to the detriment of justice, peace, constitutional order, and human rights in the context of the violent repression carried out after the protests of April 2018.

During the last four-year cycle, Nicaragua has shown total contempt for the recommendations of international human rights protection mechanisms, as well as the resolutions of the Inter-American Court of Human Rights, maintaining an environment of repression and violation of fundamental rights, particularly for human rights defenders, women, journalists, and indigenous and Afro-descendant peoples.

In Nicaragua, human rights defenders are the target of state repression, despite the fact that the state claims to promote, defend, and protect constitutional guarantees and human rights. International organizations have documented at least 2,000 arbitrary detentions, and cases of torture and forced disappearances against people considered opponents, activists and critical journalists. According to the Mechanism for the Recognition of Political Prisoners of Nicaragua, 46 people are currently deprived of liberty for political reasons, including three indigenous leaders from the Caribbean Coast: Nancy Henríquez, Brooklyn Rivera, and Steadman Fagot.

The Group of Human Rights Experts on Nicaragua (GHREN) has also highlighted the expulsion and deprivation of Nicaraguan nationality of people considered critical of the regime, as well as the confiscation of their property and the restriction of access to Nicaraguan territory, in addition to facts and circumstances that constitute crimes against humanity. “particularly, persecution for political reasons.”

Indigenous and Afro-descendant peoples continue to suffer invasions by settlers (non-indigenous third parties) without adequate state protection. The lack of implementation of the sanitation process for the eviction of illegal occupants has generated forced cohabitation between settlers and indigenous people, which has resulted in violent conflicts, forced displacements and murders of members of indigenous communities. In the first six months of 2024 alone, 643 cases of human rights violations were registered in these territories.

In addition, the State grants concessions for mining and agro-industrial activities without free, prior and informed consultations, which causes serious environmental damage and violates the rights of indigenous communities. These communities rarely benefit from the profits generated by such projects, thus perpetuating poverty and exclusion.

The absence of effective promotion and protection of women’s rights remains an alarming concern, especially in the face of the increase in cases of violence and femicide in the country. The lack of adequate response by the authorities to complaints of gender-based violence discourages victims from seeking justice. According to the Observatory of Catholics for the Right to Decide, so far in 2024 there have been 63 femicides.

It should be noted that government policies on gender are designed centrally, without consultation or effective participation of feminist organizations and rights defenders, who instead face state repression, criminalization, and harassment. This restriction of women’s participation in decision-making has resulted in a lack of sex education programmes and effective prevention of teenage pregnancies and sexually transmitted diseases.

In the area of the rights to freedom of expression and association, the Nicaraguan State has approved regulations, such as the Cybercrimes Law and its recent reform and the Foreign Agents Law, which limit fundamental freedoms by allowing state surveillance and the criminalization of activism and journalism. As a result, at least 278 independent journalists have left the country for fear of reprisals, according to the Foundation for Freedom of Expression and Democracy (FLED).

Likewise, through these laws, the State has annulled the legal status of more than 5,000 organizations, including non-governmental organizations (NGOs) that provided health, education, and support services to vulnerable communities. With the disappearance of these organizations, entire communities have been left without access to social and health programs that depended on the work of NGOs, generating a direct impact on the well-being of the most vulnerable sectors.

Finally, the State of Nicaragua has a confrontational, non-collaborative stance and repeatedly despises spaces for dialogue in the name of “national sovereignty”, in addition to its rejection of accountability in the international arena. The State has ignored recommendations from international protection bodies and mechanisms and rulings of the Inter-American Court of Human Rights, in disregard of its international obligations.

It has also expelled international organizations such as the Inter-American Commission on Human Rights (IACHR) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) from the country, and has withdrawn from the Organization of American States (OAS). Finally, in the last two years Nicaragua has not submitted to the reviews of United Nations Treaty Bodies, such as the Committee Against Torture (CAT) or the Committee on the Rights of Persons with Disabilities (CRPD), and in other cases, it has withdrawn as happened during the interactive dialogue with the Committee on the Elimination of Discrimination against Women. making unfounded accusations against the treaty body and its members.

For all of the above, within the framework of the Fourth Cycle of the Universal Periodic Review (UPR), the Institute on Race, Equality and Human Rights (Race and Equality) urges the member states of the Human Rights Council to issue firm and effective recommendations that oblige the State of Nicaragua to comply with its international commitments in the field of human rights. Only

through coordinated and determined action will it be possible to generate true accountability and contribute to restoring justice, peace and respect for fundamental rights in the country.

We demand that the State of Nicaragua cease political persecution, immediately release all persons deprived of liberty for political reasons, restore the independence of the powers of the State, allow the work of human rights organizations and comply with its international commitments.

Nicaragua Faces Devastating Crisis in Sexual and Reproductive Rights, Organizations Warn Ahead of 2024 UPR

Geneva, November 7.- Nicaragua is currently facing a severe crisis in sexual and reproductive rights, particularly affecting girls and adolescent women. In preparation for Nicaragua’s Universal Periodic Review (UPR), the Center for Reproductive Rights, the International Service for Human Rights (ISHR), and the Institute on Race, Equality and Human Rights (Race and Equality) organized the side event entitled “Current Challenges in Women’s Rights and Sexual and Reproductive Rights in Nicaragua” to raise awareness of the critical situation of sexual violence and reproductive injustice impacting women in this country.

The event included testimonies from Nicaraguan advocates Winnye Bernard and Ana Quirós, as well as interventions from representatives of the Center for Reproductive Rights, the UN Committee on the Elimination of Discrimination against Women (CEDAW), and the Office of the United Nations High Commissioner for Human Rights.

Five Girls Under 14 Give Birth Every Day

Paulina Jiménez opened the event by highlighting the alarming lack of access to reproductive health information and services in Nicaragua. “It is estimated that at least five girls under 14 give birth each day, and Nicaragua has one of the highest adolescent pregnancy rates in Latin America, with 24.6% of mothers being  under 18 years old,” said Jiménez.

Jiménez referenced two cases presented by the Niñas No Madres Movement to the United Nations Human Rights Committee: two young Nicaraguan girls in situations of extreme vulnerability, victims of sexual violence and forced motherhood. These cases reflect the grave crisis Nicaragua faces regarding sexual and reproductive rights, where restrictive laws and the lack of adequate public policies perpetuate sexual violence and impunity.

Nicaraguan feminist activist and advocate Ana Quirós recounted how the criminal code, in effect since 2006, criminalizes abortion despite repeated efforts to align the law with international human rights standards.

Quirós noted that so far in 2024, there have been 64 femicides and 158 attempted femicides, “and no one is talking about this.” According to Quirós, this situation is one consequence of the frequent amnesties granted by the Ortega-Murillo regime, which in 2024 alone has released over 8,000 common prisoners, many of whom were convicted of sexual violence and assault against women. “The restriction on abortion is just one more example of the (Ortega and Murillo’s) regime’s disregard for women’s lives, health, and sexual and reproductive rights,” she concluded.

Dismantling of Civic Space Has Left Women Defenseless

Winnye Bernard Canales, women’s rights advocate and Deputy Head of Regional Office Latin America of the European International Network for Human Rights (RIDHE), indicated that the state repression unleashed since 2018 has left women unprotected, facing high-risk pregnancies without safe options and living in a hostile environment that normalizes sexual violence. “Women in Nicaragua not only face a legal and social system that denies them their rights, but also lack comprehensive sexual education programs, putting them at risk of unwanted pregnancies and sexually transmitted diseases,” she said.

Bernard detailed how the persecution of feminist organizations, the closure of women’s police stations, and the criminalization of human rights defenders have increased impunity and left women victims of violence without protection. “The lack of institutional support and social stigma create significant barriers for women seeking justice in cases of gender violence,” she added.

Andrés Sánchez Thorin, a representative of the Office of the United Nations High Commissioner for Human Rights, explained the devastating impact of the dismantling of civic space, which has severely affected women by depriving them of crucial support networks. “The progressive shutdown of more than 3,500 civil society organizations, many of which provided essential support to women, has left numerous women without access to critical services and support networks, exacerbating gender inequalities and increasing risks,” said Sánchez.

“This violation of rights is even more severe for detained women, who are entirely deprived of any access to sexual and reproductive health services, leaving them in a particularly vulnerable situation,” added the UN representative.

Calling on the Nicaraguan State to Comply with CEDAW Committee Recommendations

Ana Peláez Narváez, President of the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), addressed the Committee’s recommendations following the review of Nicaragua’s seventh to tenth combined periodic reports, stressing the urgent need for reforms in several key areas.

Peláez emphasized that the legalization of abortion in specific cases, such as rape, incest, or risk to the mother’s life, is among the Committee’s main recommendations. “Nicaragua must ensure access to safe, confidential, and stigma-free abortion services, as well as post-abortion care,” she stated.

The President noted that CEDAW has identified the urgent need to guarantee comprehensive sexual education for all ages within the education system, which is essential to prevent early pregnancies and sexually transmitted diseases. She also explained that “it is fundamental for the State to ensure girls and adolescents the right to return to school after becoming mothers and to eliminate legal barriers that prevent them from accessing employment and health services.”

Finally, Peláez urged the Nicaraguan State to restore legislation that protects women and to reopen the space for civil society organizations that provide sexual and reproductive health services.

Statement

In a context of escalating repression and with the upcoming Universal Periodic Review (UPR) by the United Nations Human Rights Council, the Institute on Race, Equality and Human Rights (Race and Equality) considers it urgent for the international community to issue a strong statement and demand firm commitments and concrete actions from the Nicaraguan government.

We urge the Nicaraguan State to comply with its international human rights obligations and implement reforms to ensure equality. Specifically, we demand:

  • Alignment of criminal legislation with international standards regarding sexual and reproductive rights.
  • Guaranteeing access to comprehensive sexual education and quality, accessible sexual and reproductive health services, particularly for women and girls in rural, Indigenous, and Afro-descendant communities.
  • An end to the criminalization of human rights defenders’ work, allowing the reopening and full operation of civil society organizations that work for women’s rights.
  • Restoration and strengthening of civic space, promoting a safe environment free from reprisals for those who defend and promote human rights in the country.

Governing Council of the Inter-Parliamentary Union Calls for a Delegation to Investigate the Enforced Disappearance of Brooklyn Rivera in Nicaragua

Geneva, October 23, 2024 – At the 149th Assembly of the Inter-Parliamentary Union (IPU), delegates listened to the moving testimony of Tininiska Rivera Castellón, daughter of the Miskitu indigenous leader and YATAMA party deputy, Brooklyn Rivera Bryan, who has been forcibly disappeared since September 2023. The IPU Governing Council decided to request that the Committee on the Human Rights of Parliamentarians send a delegation to Nicaragua to meet with authorities from all branches of government, as well as other institutions or organizations that may provide information on the cases of Rivera and his alternate deputy, Nancy Henríquez.

Brooklyn Rivera Bryan was arbitrarily arrested at his home in Bilwi, and his whereabouts remain unknown. During her testimony, Tininiska highlighted her father’s legacy as a leader of the Miskitu community and tireless defender of indigenous territories. She also denounced the persecution her family has faced and called on parliamentarians worldwide to “take concrete action in my father’s case so that the Nicaraguan government provides proof of life and information on his whereabouts, his health status; and join the voices already demanding his immediate release.”

Nancy Elizabeth Henríquez James, also a Miskitu indigenous leader, took over Rivera’s parliamentary seat as his alternate in April 2023. On October 1, 2023, she was arrested by undercover police officers, and her whereabouts remained unknown for about two months. On December 13, 2023, she was sentenced to eight years in prison in a trial held inside the women’s prison “La Esperanza,” where she was denied legal representation.

To date, no legal proceedings have been initiated to terminate the parliamentary mandates of Brooklyn Rivera Bryan and Nancy Henríquez James in the Nicaraguan Parliament; however, both have been removed from the list of members of the National Assembly.

IPU Has Not Received Information from the Nicaraguan Assembly

According to the “Decisions of the Committee on the Human Rights of Parliamentarians” document, the IPU formally requested information and official observations from the Nicaraguan National Assembly on both cases in April and September of this year; however, the Nicaraguan Parliament has yet to provide any information. The IPU encouraged the Nicaraguan National Assembly to engage in “a constructive and ongoing dialogue with the Committee to ensure a satisfactory and swift solution.”

The IPU expressed deep concern that Brooklyn Rivera’s disappearance is allegedly linked to his parliamentary activities as an opposition deputy and indigenous leader, as well as his participation in the 22nd session of the United Nations Permanent Forum on Indigenous Issues in New York in April 2023. The IPU emphasized the responsibility of Nicaraguan authorities to thoroughly investigate his disappearance and ensure that his family is informed of his situation.

Regarding Nancy Henríquez, the Committee expressed concern over the serious violations of her right to a fair trial, as well as the deterioration of her health. The IPU called for her to receive urgent and appropriate medical treatment.

“Attacks and reprisals against parliamentarians for their work violate their fundamental rights and undermine the role of parliament as an institution,” states the Committee’s Decisions document.

IPU Mission to Nicaragua

The IPU Governing Council requested that the Committee on the Human Rights of Parliamentarians send a delegation to Nicaragua as soon as possible to meet with all authorities exercising legislative, executive, or judicial powers, as well as relevant prison authorities and any other institution, civil society organization, or individual in a position to provide relevant information on the case. The delegation was also tasked with visiting Nancy Henríquez in prison.

The Council expressed that it “sincerely hopes that the competent national authorities will fully cooperate and that the mission will swiftly contribute to finding satisfactory solutions to this case in accordance with applicable national and international human rights standards.”

Finally, the IPU called on all national parliaments, IPU Permanent Observers, human rights organizations, and the international community to take concrete action to help resolve these and other similar cases in Nicaragua.

Statement

From the Institute on Race, Equality and Human Rights (Race and Equality), we support the Inter-Parliamentary Union’s commitment to defending the human rights of parliamentarians and promoting justice in Nicaragua. The increasing reports of political repression and persecution against indigenous leaders and political opponents in Nicaragua are alarming. We urge the international community to continue applying pressure to demand truth, justice, reparation, and non-repetition, as well as the immediate release of Brooklyn Rivera and Nancy Elizabeth Henríquez.

“Enforced Disappearances Create a Climate of Terror Among Opponents”: Working Group Presents Report on the Effects of Enforced Disappearances in Electoral Contexts in Nicaragua and the World

 Geneva, September 23, 2024. The Working Group on Enforced or Involuntary Disappearances presented its most recent report on the impact that these actions have on electoral processes in the world and stressed, that the practice is being used by the “elites in power”, to maintain and consolidate it, mentioning the disappearances in Nicaragua since 2018 and, especially during the 2021 election year. 

During the presentation of the thematic report: “Enforced Disappearances and Elections”, the rapporteur in charge of the report, Aua Baldé, who is also the Chair and Rapporteur of the Working Group on Enforced Disappearances, mentioned that at least 60 countries in the world held elections in conditions of democratic deterioration. 

Baldé explained that forced disappearances are being used as a tool by some governments to create “a climate of terror among the opponents” of a country and thus consolidate power. 

“One of the most prominent trends is that of short-term enforced disappearances, where individuals are made to disappear for short periods of time, without telling their families, (while detainees) are victims of various human rights violations,” said President Baldé. 

Since then, thousands of people in the Central American country have been and continue to be subjected to conditions of forced disappearance, as in the case of Indigenous leader and former congressman Brooklyn Rivera, who on September 29 will mark one year since he was kidnapped by the regime’s police without clarifying his whereabouts or health condition. 

At the end of May 2021, in an election year, the Ortega-Murillo regime began a hunt against presidential candidates, journalists, human rights defenders, and anyone perceived as an opponent, in order to maintain power. 

Juan Sebastián Chamorro was one of those arrested, he disappeared for almost three months and, after being convicted, he was a political prisoner for two years. During his speech at the presentation of the report, Chamorro stressed: “It is extremely important to raise awareness that disappearance means the deprivation of liberty by agents of the State who refuse to reveal the whereabouts of the detainees, as well as their fate.” 

Chamorro mentioned that people who are victims of forced disappearances also go through a previous process of police harassment and political violence that can be identified as patterns that serve to prevent future forced disappearances in electoral contexts. 

“Electoral violence and forced disappearances are increasingly common to discourage political participation. And what is more important, it is a direct attack on the only form of survival of democracy: respect for the popular vote and the political right to elect and be elected,” Chamorro added. 

The report highlights that the practice of forced disappearances does not discriminate against age, gender, or profession; affecting all kinds of people, journalists, members of civil society, and their families. 

Race and Equality demands that the Ortega-Murillo regime report the whereabouts of people currently in a situation of forced disappearance. The international community must demand that those responsible be punished for such crimes. 

The report Enforced Disappearances and the Elections is available at the following link.

“Nicaragua is testing the limits of the United Nations system,” experts say at a side event during the 57th session of the UN Human Rights Council

Geneva, September 13, 2024.- “Nicaragua is not only isolating itself; it is testing the limits of the United Nations system,” stated Jan Michael Simon, Chair of the Group of Human Rights Experts on Nicaragua (GHREN), during a side event organized by the Institute on Race, Equality, and Human Rights (Race and Equality), held in the context of the 57th session of the UN Human Rights Council. Simon called for coordinated advocacy from the international community, especially International Financial Institutions.

The event, titled “International Solidarity with Nicaragua: setbacks, progress, and future challenges,” was co-sponsored by CCPR, ISHR, MAM, INANA, and the embassies of Chile, Peru, Paraguay, Ecuador, Canada, Argentina, and Costa Rica in Geneva. The discussion included Nicaraguan human rights defenders, representatives of GHREN, the Office of the United Nations High Commissioner for Human Rights (OHCHR), the Special Monitoring Mechanism for Nicaragua (MESENI) of the Inter-American Commission on Human Rights (IACHR), and delegates from allied embassies supporting the Nicaraguan people.

In her opening remarks, Chile’s Ambassador to the United Nations in Geneva, Claudia Fuentes-Julio, reminded attendees that the foundation of the UN Human Rights Council and the broader UN system is built on the will to cooperate and work together, and therefore, Nicaragua’s isolation is a threat. “When we have a state like Nicaragua, which cuts off political relations with the outside world while its regime remains in power due to its economic ties, we must question the true priorities of the system we are building,” she warned.

Jan-Michael Simon, Chair of GHREN, pointed out that the only area where Nicaragua is not isolating itself is in multilateral financial bodies, known as International Financial Institutions (IFIs), particularly the International Monetary Fund (IMF). He stressed that advocacy efforts must be directed at these bodies.

“We hope that the countries represented and the respective boards of these IFIs, whether it be the IMF, the Financial Action Task Force, or countries with bilateral relations with Nicaragua, take their commitments to free trade agreements seriously,” concluded the expert.

Indigenous and Afro-descendant communities targeted by the regime
According to GHREN expert Ariela Peralta, political persecution is focused on silencing any autonomous dissident voices that can organize. Peralta explained that the Indigenous and Afro-descendant communities of Nicaragua’s Caribbean Coast are a “target” of the regime’s political persecution “due to their capacity to organize and express opposition… as evidenced in both findings and historical contexts.”

Peralta lamented that among the group of 135 Nicaraguans who were released from prison and exiled to Guatemala, Indigenous leaders Brooklyn Rivera and Nancy Elizabeth Henríquez were not included. Rivera has been in a state of enforced disappearance since September 2023.

Anexa Alfred Cunningham, a Nicaraguan expert on the UN Expert Mechanism on the Rights of Indigenous Peoples and founder of the INANA Indigenous and Afro-descendant Peoples’ Platform, denounced that violence against Indigenous and Afro-descendant peoples is systematic. According to INANA’s records, massacres have been a constant from 2020 to 2023. During this period, three massacres were carried out in the Mayangna Indigenous communities located in the Bosawás Biosphere Reserve, resulting in at least 20 Indigenous people killed, including women and girls who were subjected to sexual violence and torture. Alfred also lamented the recent closure of the Moravian Church, which provided assistance “in the absence of the State in matters of health and education.”

UPR is a crucial opportunity
“The exercise of fundamental rights is criminalized (in Nicaragua). For many years, terms like political advocacy or citizen participation have been punishable offenses. Demanding rights is called ‘terrorism.’ Insisting that officials and authorities comply with the law is labeled ‘undermining national integrity.’ Demanding democracy makes one a ‘coup plotter,’” denounced Azahalia Solís, a Nicaraguan human rights defender and member of the Autonomous Women’s Movement (MAM), who was arbitrarily stripped of her nationality in 2023.

Fiorella Melzi, Coordinator of MESENI, warned that “the repression has continued with even more severe manifestations against civic and democratic spaces. All of this is aimed at eliminating organized civil society and consolidating a regime with concentrated power in the Executive, orchestrated for years, based on a police state.” The Nicaraguan state continues to commit grave and systematic violations against the population, primarily due to political persecution, “or simply for being people deemed as not aligned with the government’s interests.”

Andrés Sánchez, Deputy Representative and Officer in Charge of the OHCHR Regional Office for Central America and the Dominican Republic, agreed, saying, “The situation is extremely alarming… This dismantling of the social fabric leaves thousands of people without access to essential services, exacerbating the country’s social and economic crisis.”

“In this context, I want to emphasize the importance of the upcoming Universal Periodic Review (UPR). The UPR is a crucial opportunity for states to present their recommendations to the Nicaraguan government, urging it to cease these violations and relying on the High Commissioner’s recommendations, which can serve as a solid base or guide,” he concluded.

Statement
The Institute on Race, Equality and Human Rights (Race and Equality) denounces that the Nicaraguan regime continues to use arbitrary detentions as a mechanism to silence dissenting voices. Carlos Quesada, Executive Director of Race and Equality, stated that the regime continues to resort to this practice, “keeping hundreds of people imprisoned, only to later release and exile them.” He recalled that in February 2023, 222 Nicaraguan prisoners were released and exiled, and now the regime has exiled 135 more, sending them to Guatemala. These actions destroy the lives of the affected individuals, leaving them in a state of helplessness.

Furthermore, Race and Equality urgently calls for the implementation of GHREN’s recommendation on the importance of advocating before International Financial Institutions. These institutions must recognize that crimes against humanity are being committed in Nicaragua and, consequently, implement human rights due diligence policies to identify, prevent, address, and remedy the negative impacts associated with their activities in the country.

Race and Equality and #NicasLibresYa celebrate the release of 135 political prisoners and demand that the Ortega-Murillo regime cease all arbitrary detentions and imprisonments for political motives

Washington D.C., September 5, 2024.- Race and Equality and the organizations that make up the campaign #NicasLibreYa, celebrate the recent release of 135 people who were deprived of their liberty for political reasons and held in inhumane conditions in Nicaragua.

This morning, the 5th of September, 135 people were liberated and subsequently exiled to Guatemala following negotiations between the country and the United States. There they were granted humanitarian assistance so they are able to restart their lives.

Among these 135 people, there are 13 detained members of the Mountain Gateway organization, as well as lay Catholics, students, human rights defenders, journalists, and others, “who Daniel Ortega and Rosario Murillo consider a threat to their authoritarian rule,” according to a statement published by the White House.

We are happy to know they will not longer suffer torture, and will be able to receive medical attention and have access to adequate nutrition, conditions that they did not have during their unjust imprisonments. However, we are worried that arbitrary detention and imprisonments for political reasons will continue being part of the repressive patterns that the regime has imposed upon all Nicaraguans since before the political crisis of 2018.

Following Guardabarranco Operation in which 222 political prisoners were liberated in February 2023, arbitrary detentions continued and the regime went from holding just 35 political prisoners in jail to 151, according to a statistic from the Mechanism for the Recognition of Political Prisoners in July 2024.

Race and Equality and the #NicasLibreYa campaign demand that this pattern stop and that thinking differently stops constituting a motive for Nicaraguans to be incarcerated, tortured, isolated, and then exiled to other countries. We urge the regime in the coming months to cease arbitrary detentions for political reasons. 

Although leaving prison and Nicaragua allows these individuals to rebuild their lives in another country, this often entails psychological effects due to exile, health problems as a result of the lack of medical attention during incarceration and, on occasion, forced separation from their families, since the regime does not allow them to leave Nicaragua.

The regime must guarantee that no persecution will follow these people beyond Nicaragua’s borders and the international community must ensure that recent reforms in the Nicaraguan Penal Code do not extend the claws of repression to other countries where they might find exiled persons.  

The confiscation of property, cancellation of non-governmental organizations and chambers’ of commerce legal status, are also systematic human rights violations against the Nicaraguan people that continue and the international community must hold Ortega and Murillo responsible, as functionaries for all the crimes they have committed.

It is time that the Ortega-Murillo regime see that global solidarity with Nicaraguans is greater than its desire for power as demonstrated by the actions of the governments of Guatemala and the United States in the transfer and care of these 135 persons released from prison.

We appreciate that, for the second time, the government of President Joe Biden and Vice President Kamala Harris have used diplomacy to achieve the liberation of people deprived of their liberty for political reasons and that, in Guatemala, President Bernado Arévalo, accepted to receive and provide them with, in conjunction with the USA, humanitarian assistance as necessary.

As indicated by the statement by the White House, these people may opt to relocate to the United States or another country through the Secure Mobility program implemented by the Biden-Harris administration.

We do not forget that jails in Nicaragua still hold twenty people who have been detained for thinking differently and Race and Equality and #NicasLibreYa are resolute that we will continue to fight for their liberty.

All of them are innocent!

Nicaragua deserves to live in democracy!

Multifaceted Crisis in Nicaragua Requires Urgent Change of Course by the Government, Says UN High Commissioner for Human Rights

Geneva, September 4, 2024 – “The multifaceted crisis that has affected Nicaragua since 2018 requires an urgent change of course by the Government,” recommended the United Nations High Commissioner for Human Rights, Volker Türk, in his annual report (2023-2024) published on Tuesday, September 3, in compliance with Human Rights Council Resolution 52/2.

In his report, the Office of the United Nations High Commissioner for Human Rights (OHCHR) documented that the Nicaraguan government has intensified control over all state institutions and has pursued the persecution of any individual or organization acting independently or expressing dissenting opinions, including human rights defenders, independent media, and non-governmental organizations.

Officials Under the Regime’s Scrutiny

The OHCHR highlighted the severe situation within Nicaragua’s justice system, which is under the control of the Executive Branch and has enabled the persecution of individuals perceived as political opponents. According to testimonies from justice system officials before the OHCHR, there exists a climate of fear, intimidation, and harassment.

In November 2023, hundreds of officials were dismissed, allegedly due to conflicting political loyalties with different government factions. In a case documented by the OHCHR, a high-ranking official was subjected to arbitrary house arrest, and a judge had to flee the country to avoid politically motivated detention.

Sexual Violations and Abuses of Male and Female Political Prisoners

According to OHCHR data, as of last May, 131 people were under arbitrary detention, marking a significant increase compared to 54 individuals in June 2023. Notably, ten more arbitrary detentions occurred in June and July 2024.

The OHCHR raised alarms over five cases of detainees who were subjected to torture or ill-treatment, including brutal beatings, prolonged isolation, and stress or positional torture. Moreover, in the second half of 2023, the Office documented seven cases of detainees who reported being subjected to rape, sexual abuse, and electric shocks. Among the most alarming cases, three detainees reported having their testicles strangled.

The OHCHR also noted that the detention conditions for women are characterized by the use of sexual violence and gender-based violence, including death threats or threats to take their children away, deprivation of necessary medications and hygiene products, forced labor, forced nudity, rape threats, sexual abuse, and rape. Additionally, in 2023, it was documented that two- and three-month-old babies were separated from their mothers following arbitrary arrests, interrupting breastfeeding.

Forced Disappearances as a Tool of Control

The OHCHR has documented the use of forced disappearances as a tool of control. Among the cases documented is that of a 70-year-old merchant who was detained on October 10, 2023, for criticizing the Government in informal conversations in his store in Terrabona, Matagalpa. After more than a month of his whereabouts being unknown, constituting a forced disappearance, he was sentenced to seven years in prison for arms trafficking in a trial that did not guarantee his right to due process.

Another alarming case is that of a 65-year-old academic who disappeared on November 20, 2023, presumably in retaliation for a critical social media post. To date, his whereabouts remain unknown.

Forced disappearances represent a grave violation of international law and leave the victims’ families in a state of distress and uncertainty.

Expulsions and Denationalizations

In 2023, the Nicaraguan government arbitrarily stripped 317 people (60 women and 257 men) of their nationality, rendering them stateless, in clear violation of international human rights law. This action has had devastating consequences, leaving them without access to fundamental rights and essential services.

Additionally, 62 cases were documented where Nicaraguan nationals (33 women and 29 men) were denied entry to their own country. This denial occurred without prior notice, causing severe consequences such as the forced separation of families. “These expulsions and denationalizations have forced the victims to rebuild their lives far from their families, facing a situation of legal and personal insecurity,” the report cites.

Indigenous and Afro-descendant Peoples

The OHCHR has recorded multiple violations in the territories of Indigenous and Afro-descendant peoples on Nicaragua’s Caribbean Coast. In July 2023, two Indigenous forest rangers from the Mayangna Sauni As territory were killed by settlers, and another Indigenous person from the same region died from injuries sustained in an attack. The authorities have not taken adequate measures to investigate these incidents or prevent future abuses.

Additionally, on October 31, 2023, and April 22, 2024, mining concessions were granted in Indigenous territories without carrying out the necessary consultations. The Special Rapporteur on the rights of Indigenous peoples, Francisco Cali Tzay, expressed concern over the lack of information and pressure during the consultations for the Bio-CLIMA project conducted by the Government from August 18 to September 7, 2023.

On March 7, 2024, the Green Climate Fund announced that it had terminated the project due to non-compliance with its policies and procedures regarding environmental and social safeguards.

2026 Elections, “A New Opportunity for Nicaragua”

Among his recommendations, the High Commissioner urged the Government to: release all individuals arbitrarily detained in the context of the political crisis; adopt measures to prevent torture and ill-treatment in prisons; amend criminal legislation to align it with international human rights standards; ensure fair trials and due process; and restore civic and democratic spaces.

He also called on the government to ensure impartiality in the upcoming 2026 elections, which “have the potential to offer a new opportunity for Nicaragua… if they are held in a safe and conducive environment for human rights, where the right to political participation can be exercised meaningfully, and Nicaraguans are free to decide the future of their country.”

Finally, Türk urged the international community to strengthen accountability for the alleged international crimes committed since 2018 in Nicaragua, as well as to promote the appropriate application of universal and extraterritorial jurisdictions, and to “ensure that all international assistance and investments provided to Nicaragua, including through financial institutions and international companies, adopt a human rights-based approach.”

Statement

From the Institute on Race, Equality, and Human Rights (Race and Equality), we emphasize the importance of the work carried out by the Office of the United Nations High Commissioner for Human Rights (OHCHR). Despite the Nicaraguan government’s refusal to cooperate and provide information, the Office continues to play an essential role in monitoring the crisis in Nicaragua, protecting the confidentiality of sources at risk, and issuing crucial recommendations to the Nicaraguan State and the international community to put an end to this alarming situation.

Likewise, we commend the vital role played by Nicaraguan civil society organizations. Despite the extreme risk and difficulty under which they operate, these organizations continue, with courage and determination, to report on the situation, ensuring that the world is aware of the grave human rights violations that persist in Nicaragua. Their work is indispensable for the defense of human rights and the restoration of democracy in the nation.

Finally, we demand the immediate release of all individuals imprisoned for political reasons and call for justice for all victims of the repression by the Ortega-Murillo regime.

In Latin America and the Caribbean, Enforced Disappearances Hinder Democracy

Washington D.C., August 30, 2024 – In Venezuela, a month after its disputed presidential elections, more than two thousand people have been victims of forced disappearances and arbitrary detentions, according to the organizations Provea and Foro Penal.  In Mexico, “there are around 110 thousand people who are missing to date,” according to the UN Committee on Enforced Disappearances (CED). Meanwhile, in Cuba, according to the Working Group on Enforced or Involuntary Disappearances, there are cases of activists who are “victims of short term forced disappearances.” 

The situation in these three countries is evidence of serious human rights violations in Latin America and the Caribbean, according to the member of the Committee on Enforced Disappearances, Ecuadorian lawyer Juan Pablo Albán, with whom we spoke on International Day of the Victims of Enforced Disappearances, this Friday, August 30. 

Enforced disappearances occur “whenever persons are arrested, detained or transferred against their will, or otherwise deprived of their liberty by government agents of any sector or level, by organized groups or by private individuals acting on behalf of the Government or with its direct or indirect support, and who then refuse to disclose the fate or whereabouts of such persons, or to acknowledge that they are deprived of their liberty,” according to the United Nations. 

This is precisely what is constantly occurring in Latin America and the Caribbean, where, according to Albán, the highest number of forced disappearances in the world is registered, with Mexico being the country where this type of human rights violation has been documented the most. 

“The most notable trends in the region and in the world have to do with disappearances committed by non-state actors, disappearances in the migratory situations, disappearances in the context of protest suppression, or under the argument of the fight against terrorism or organized crime, and disappearances of people who are labeled as potential members of gangs, organized crime gangs or terrorist groups,” says the member of the Committee on Enforced Disappearances of the United Nations. 

Albán assures that when cases of forced disappearance are registered in a country, the quality of democracy is lessened because there is no social debate. “States lose a lot when they do not respond, do not confront this phenomenon, and worse still, when they practice forced disappearance as a state policy,” he adds.

Colombia

The phenomenon of forced disappearances in Colombia has been a persistent problem for more than six decades, and is closely linked to the armed conflict that ravaged the country. According to the Truth Commission, between 1985 and 2016, approximately 121,768 cases of forced disappearances were reported, although it is estimated that the figure could be as high 210,000 victims. This problem has also affected the migrant population, especially Venezuelans. According to the Andrés Bello Catholic University, from 2015 to 2020, 836 Venezuelan people were reported missing in Colombia. However, an absence of accurate data has hindered a complete assessment of the magnitude of these human rights violations.

In the framework of the 2021 National Strike, 4,846 transfers for temporary protection were documented, a legal figure that has been questioned for its arbitrary use and its impact on the rights of protesters. Despite the Constitutional Court’s resolution that requires detailed reports and the right to request the cessation of the transfer, these practices continue today and remain problematic, with numerous cases of abuse reported, including torture and sexual violence.

The handling of enforced disappearances in Colombia faces several critical challenges, such as the failure of the Attorney General’s Office to activate the Urgent Search Mechanism (MBU); the lack of compliance with international recommendations; and the use of euphemisms by the Government to minimize the seriousness of the problem. In addition, the underreporting of cases and the discrepancy between official figures and those reported by civil society organizations complicate the accurate assessment of the phenomenon. These issues underscore the need for comprehensive reform in police practices, and improved transparency and effectiveness in the state’s response to enforced disappearances.

Cuba

In Cuba, between January 2022 and July 2024, “93 incidents of human rights violations were recorded, which included conditions of forced disappearance for several hours, days, and even more than a week”, according to the organization Cubalex. The Ladies in White movement has reported that between 2013 and June 2024, 3,904 arbitrary detentions and forced disappearances have been documented against members of this women’s collective. Most have been victims on repeated occasions, and for periods ranging from 24 to 72 hours.  

These types of forced disappearances, which are not prolonged as in Colombia, mainly affect activists, independent journalists, artists and, in general, anyone who disagrees with the official discourse.

A report of the Working Group on Enforced or Involuntary Disappearances of July 2024, also expressed concern about the arrests and excessive use of force exercised by the Police during the historic demonstrations of July 11, 2021, known as 11J. According to this UN Special Procedure, most of the persons detained in that context did not appear before a judicial authority until many days, weeks or months later, and before that the fate and whereabouts of the detainees were unknown, which constituted an act of enforced disappearance.

Nicaragua 

In Nicaragua nine persons are in a situation of forced disappearance, according to the Registration Unit (UDR).  Among these persons are indigenous leader Brooklyn Rivera, and journalist and cultural affairs director Fabiola Tercero. 

Brooklyn Rivera, 72 years old, is an indigenous Miskitu, regional deputy (2022-2026) and a leader of the Miskitu people (Ta Upla) and of the indigenous party YATAMA (Yapti Tasba Masraka Nanih Aslatakanka, “Children of Mother Earth united”). His family has had no knowledge of his whereabouts since September 29, 2023. In January of this year, the Office of the United Nations High Commissioner for Human Rights (OHCHR) stated that Rivera is in “enforced disappearance” and advocated for his release.

Fabiola Tercero is a journalist, activist and founder of “El rincón de Fabi”, a project that aims to promote reading among young Nicaraguans. Her home was raided on July 12 and since then her whereabouts are unknown, as are those of her mother and sister.

In an interview with the Spanish newspaper El País, the director of the Legal Defense Unit (UDJ), Alexandra Salazar, affirmed that the authorities refuse to provide information on the whereabouts of these people. “In such a way that there is no certainty of their conditions of detention, nor verification of their state of health and life,” she added. In addition, the UDJ identified cases in which prison authorities recommended that family members look for political detainees “in the morgues,” which increases anguish and constitutes an additional form of torture.

For its part, the Working Group on Enforced or Involuntary Disappearances, in its July 2024 report, stated that “short-term” enforced disappearances have been used as a “tool to repress opponents and critics of the Government” since 2018. The Group also emphasized that the State must promptly provide accurate information about the detention of persons deprived of their liberty and the place(s) they are held to their family members and any other person with a legitimate interest (art. 10, para. 2, of the Declaration), and that failure to do so constitutes an enforced disappearance. 

Peru 

In the case of Peru, according to the National Registry of Missing Persons and Burial Sites (Renade) of the Ministry of Justice and Human Rights, between 1980 and 2000, during the internal armed conflict, there were 21,918 missing persons, of which the whereabouts of 19,200 cases have yet to be determined. To date, the search for 2,718 missing persons has been completed, of which 39 were found alive. In addition, 682 skeletal remains were identified and returned to the families. At the beginning of July 2024, the Inter-American Commission on Human Rights (IACHR) pronounced itself on the restitution of remains in the Putis case, encouraging the State to continue the search, identification, dignified restitution and prosecution of those responsible.

Unfortunately, the country has seen regression in the access to justice, the right to truth and reparation for the victims of forced disappearances. Recently, the Congress of the Republic approved Law 32107 that prescribes crimes against humanity or war crimes committed before July 1, 2002, that is, before the entry into force of the Rome Statute of the International Criminal Court and the Convention on the Non-Applicability of Statutory Limitations to War Crimes and Crimes against Humanity. With this law, no one may be prosecuted, convicted or punished for forced disappearances, genocide, slavery, terrorism, systematic and widespread torture, and other crimes against humanity committed during the armed conflict. 

“All this is to give impunity to Fujimori and others involved in serious human rights violations,” Albán emphasizes. In fact, the acts committed by former president Alberto Fujimori led to the declaration of Peru’s international responsibility in the Barrios Altos and La Cantuta cases, which were resolved by the Inter-American Court of Human Rights (IACHR) and in which several of these actions have been classified as crimes against humanity.

Last June, through a communiqué, the IACHR expressed that the proposed law is contrary to international law and warned that it “openly disobeys the sentences of the IACHR Court.” In the same vein, Volker Turk, UN High Commissioner for Human Rights, said in a recent statement that these crimes should not be subject to amnesties or statutes of limitation. However, nothing prevented Congress from approving the law.

The cases of forced disappearances described in Colombia, Cuba, Nicaragua and Peru are evidence of the serious human rights violations that also occur throughout Latin America and the Caribbean, and which, at the same time, hinder democracy in the region. 

According to CED member Juan Pablo Albán, it is necessary that in each of these countries a culture of denunciation is promoted, cases are documented, protection channels are used, and more States that make up the United Nations General Assembly commit themselves to fight against this phenomenon, in order to reduce the number of forced disappearances worldwide. 

From the Institute on Race, Equality and Human Rights (Race and Equality) we commemorate the International Day of the Victims of Enforced Disappearances, and emphasize that this type of violence affects thousands of human beings including activists, human rights defenders, indigenous peoples, artists of the region, and opposition members or people who are perceived as such, as well as their families, including children who suffer from this institutional violence, or by other actors. We condemn this phenomenon and call on the authorities in Latin America and the Caribbean to commit to finding those who are still missing, and to protect critical and dissident voices. We also urge independent civil society to continue to denounce this violence before international human rights protection mechanisms.



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