UN Special Rapporteur on the rights to freedom of peaceful assembly and of association deeply concerned about the closure of spaces in Nicaragua, Guatemala, El Salvador and Honduras

UN Special Rapporteur on the rights to freedom of peaceful assembly and of association deeply concerned about the closure of spaces in Nicaragua, Guatemala, El Salvador and Honduras

San José, September 7, 2022 – Central America is going through a spell of serious setbacks regarding the respect and guarantee of the foundational rights and liberties  to civic spaces, including the freedoms of expression and of peaceful assembly and association, particularly in countries such as Nicaragua, El Salvador, Honduras and Guatemala. The current context  poses a dire threat to just, peaceful and inclusive societies in the region.  

In this context, the United Nations Special Rapporteur on the rights to freedom of peaceful assembly and of association, Clément Nyaletsossi Voule, conducted an academic visit in Costa Rica, to talk about his mandate’s activities to promote and protect these rights in the region. 

During the visit, which took place between 29 August and 2 September, the Rapporteur had the opportunity to meet with representatives of the Inter-American Court of Human Rights, the Costa Rican Bar Association, the Diplomatic Academy and the United Nations University for Peace, among others. 

On September 1, at the headquarters of the University for Peace, a conference took place with university students, with the participation of the Dean of UPEACE, Juan Carlos Sainz-Borgo, and Mr. Mihir Kanade, Director of the Human Rights Center & Academic Coordinator at UPEACE and President of the UN Expert Mechanism on the Right to Development.

During the visit, Special Rapporteur Voule participated in a presentation at the Diplomatic Academy “Manuel María de Peralta” in San José, together with Ambassador Carmen Claramunt, Deputy Director of the Diplomatic Academy. 

Nicaragua

“In Nicaragua, one of our main concerns I raised with authorities throughout my engagement with them are the laws that have been adopted between 2020 and 2022, notably the Law of Foreign Agents and the Law of Regulation and Control of Non-Profit Organizations”, said Voule during his presentation at UPEACE.

“The provisions of these two laws are being used by the Nicaraguan authorities to  suppress civic space by criminalizing human rights defenders and opposition leaders and dissolving hundreds of civil society organizations”, he added.

In his presentation, the Special Rapporteur placed special emphasis on the seriousness of the situation in Nicaragua since 2018. The socio-political crisis that began more than 4 years ago has resulted in the quasi-total closure of civic space, the curtailment of the freedom of association, and the repression of almost all peaceful demonstrations critical of the government. 

The Special Rapporteur emphasized that through such  laws, more than 1600 non-governmental organizations have been closed in the country, according to the information he received.

“The situation is tense, even in our capacity. We have not been able to enter the country. Those I’ve been able to speak with have said that their properties were confiscated. We’re now seeing other countries attempt to replicate this dire situation  for civic space, and my mandate wants to prevent that. That’s why I came to Central America”, the Special Rapporteur said.

The closure of these spaces has worsened since the approval of the Law for the Regulation of Foreign Agents passed by the Nicaraguan congress in September 2020, which was used as a pretext to close civil society organizations in the country.

The month of its adoption, the mandate sent a communication to the Government of Nicaragua expressing its concern about the incompatibility of the Law on Foreign Agents and the Law on Cybercrimes with the country’s international obligations, particularly with regard to human rights. The Special Rapporteur stated that the law’s scope of application was overly broad and lacked in clarity. This legislation prohibits those classified as “foreign agents” from intervening in Nicaraguan affairs, political issues or internal activities, without these terms being clearly defined.

El Salvador

Similarly, in the region, the Government of El Salvador is in discussion since 2021 to adopt  a similar law which has raised concerns across various sectors, as they fear it will generate a similar situation to the one in Nicaragua and will lead to the closure of hundreds of civil society organizations.

Among others, the Special Rapporteur expressed his concerns about provisions  creating a registry of foreign agents that severely limits access to funds from external sources. The Special Rapporteur stressed that he was gladto receive a reply from the Government stating that the consideration of this law had been suspended. 

Guatemala

In Guatemala, the Rapporteur raised his  concerns over the abuse of emergency measures to prohibit and suppress peaceful protests, in addition to the increased militarization and politicization of civic protests. These concerns were conveyed to the authorities through an official communication.

Honduras

Honduras is also one of the countries in the region that has warranted particular  attention from the Special Rapporteur’s mandate.. Mr Voule has shared his concerns through official channels with the Government over the criminalization of, as well as the attacks and judicial harassment against civil society leaders, which has resulted in several deaths. 

On the Rapporteur’s mandate

Mr. Clément Nyaletsossi Voule was appointed Special Rapporteur on the rights to freedom of peaceful assembly and of association by the Human Rights Council and assumed his functions in April 2018. 

The mandate he holds submits annual reports to the Human Rights Council and the United Nations General Assembly, as well as conducts official country visits to assess the situation with regards to the rights to freedom of peaceful assembly and of association in a country, and present recommendations.

The Special Rapporteur additionally transmits urgent appeals, other letters, and letters of allegation to Member States on alleged violations of the rights to freedom of association and peaceful assembly.

In June 2022, the Special Rapporteur presented to the Human Rights Council his most recent thematic report on “Access to resources”, as well as his report on: “The Protection of human rights in the context of peaceful protests during crisis situations.”

Nicaragua: UN Committee on the Elimination of Racial Discrimination alarmed by violence against indigenous and Afro-descendant peoples

Washington D.C., August 31, 2022-. Upon concluding its review of Nicaragua’s level of implementation of the Convention on the Elimination of All Forms of Racial Discrimination on Tuesday, August 30, the UN Committee on the Elimination of Racial Discrimination (CERD) published its concluding observations, where it expresses deep concern about the State’s lack of cooperation and involvement with the mechanism, evidenced by its absence from attending the sessions in which the review took place, and despite alarming allegations of violence and serious attacks against indigenous and Afro-descendant populations within their territories. 

“The Committee is seriously concerned about the numerous attacks that have been perpetrated against indigenous peoples in the Mayangna Sauni As Territory in the area of the Bosawás Biosphere Reserve,” read the CERD report, which also calls on the Nicaraguan State to take urgent preventive measures and to conduct thorough, impartial and effective investigations into these attacks “so that those responsible are prosecuted and duly sanctioned”. 

Among the Committee’s other main concerns were the arbitrary shutdown of civil society organizations, the criminalization of indigenous and Afro-descendant human rights defenders, the lack of national legislation prohibiting racial discrimination based on the Convention’s standards, the structural discrimination found in the precarious living conditions and the persistent exclusion of these peoples; the difficulties in the application of the communal, territorial and regional autonomy regime, and the lack of implementation of the stage for the restoration of indigenous territories established in Law 445. 

The observations refer to “reports on the lack of certification of indigenous authorities legitimately elected in community or territorial assemblies” and denounce the imposition of “parallel governments” made up of government officials and/or persons related to the government, which affects the rights of autonomy and political participation of the indigenous and Afro-descendant peoples of the caribbean coast. 

It also references reports of concessions of licenses for the exploitation of natural resources and development projects have been granted within indigenous territories without prior consultation processes to obtain the free, prior and informed consent of the affected peoples, or through consultations with persons “not legitimized” to represent these peoples. Unfortunately, these concessions bring with them social, environmental and cultural impacts that seriously affect livelihoods and ways of life, “generating food crises, forced displacement and health problems for the affected communities”.

“The Committee is seriously concerned that the Grand Interoceanic Canal project, which affects the territory of the Rama indigenous people and the Afro-descendant Kriol communities and the territory of the Bluefields Creole community, has not been duly consulted with the affected peoples,” the Committee states.

Finally, the Committee recommends that Nicaragua formulate effective legislation and protection strategies in consultation with the indigenous and Afro-descendant communities, considering the cultural, regional and gender differences that may affect these peoples. It also suggests that the Nicaraguan State consider ratifying the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance.

NGOs denounce the State’s absence

Organizations defending indigenous and Afro-descendant peoples’ rights that have followed closely the monitoring of the application of the Convention on the Elimination of all Forms of Racial Discrimination by the State of Nicaragua consider that the Nicaraguan State’s lack of presence at the August 10 session is part of a pattern of disregard for its international human rights obligations. Among them are Fundación del Río, the Center for Legal Assistance to Indigenous Peoples (CALPI) and the Institute on Race, Equality and Human Rights (Race and Equality).

For Carlos Quesada, Executive Director of Race and Equality, “the State continues to show no signs of willingness to renew cooperation with the international community. Last year (2021), the State refused to answer the questions made by the Committee on Economic, Social and Cultural Rights (CESCR), and this year (2022), was absent from its review of the implementation of the Convention against Torture” alleging that the Committee against Torture (CAT) lacks impartiality and objectivity.

Quesada recalled that “the signing and ratification of the Convention on the Elimination of All Forms of Racial Discrimination was a voluntary action of the Nicaraguan State, which entails a series of international obligations and commitments. We demand that Nicaragua complies with the recommendations of the CERD!”, said Quesada.

For Amaru Ruiz, President of Fundación del Río and a indigenous peoples’ rights defender, who was criminalized through the Special Law on Cybercrimes (Law 1042) for defending indigenous peoples rights, “the (Nicaraguan) State’s behavior in these human rights avenues (Inter-American System and Universal System of Human Rights) has been irresponsible and disrespectful to international law”. 

Maria Luisa Acosta, Coordinator of CALPI, considers “an important action” to the Committee’s decision to continue with the evaluation process and formulating concluding observations about the situation in Nicaragua. “This decision has allowed us to have a report that demands urgent actions to address the grave human rights violations taking place, especially in order to combat acts of discrimination against indigenous and Afro-descendant peoples.”

“Hopefully, other actions will be established within the framework of the Committee’s directive, especially to continue to follow up on the situation in Nicaragua, and to have a greater impact on the State’s responsibility to comply with the conventions it has signed at the international level,” Ruiz concludes. 

Nicaragua: NGOs will continue documenting and denouncing acts of torture, despite the State’s lack of cooperation with the UN

Washington DC, Geneva, San José and Managua, August 3, 2022.- In a press conference convened for the purpose of analyzing the Concluding Observations of the Committee against Torture (CAT) for the State of Nicaragua issued on July 29 , representatives of Nicaraguan and international human rights organizations, denounced that in the Central American country human rights and the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment have been systematically violated since 2008.

Nicaragua has “unavoidable obligations” in terms of prevention of torture

Tania Agosti, Legal Advisor in Geneva for the Institute on Race, Equality and Human Rights (Race and Equality) recalled that, on July 14, the CAT summoned the State of Nicaragua to appear for review within the framework of the Convention against torture, and “not only did it not attend, but, in an unprecedented episode, it accused the lack of impartiality and objectivity of the Committee to question its reports and interfere in its laws” .

Agosti assured that the lack of commitment of the State of Nicaragua to comply with its international obligations occurs in a context in which it is accused of “implementing a policy of arbitrary arrests against any type of opposition and while at least 190 people are reported deprived of liberty for political reasons, in inhumane conditions where there are clear indications of torture and violence.”

For Olga Guzmán, Principal Human Rights Advisor for Latin America of the World Organization Against Torture (OMCT), this scenario is “very bleak” , since the State of Nicaragua is not only reluctant to abide by the recommendations of this Committee, but also accept visits from other United Nations bodies and the Inter-American Human Rights System.

For his part, Juan Pablo Vegas, member of the United Nations Subcommittee for the Prevention of Torture and Rapporteur for Nicaragua, remarked that Nicaragua has “unavoidable obligations” in terms of prevention of torture and its lack of cooperation is part of a pattern of repeated behavior, however, “it is not the first time that the United Nations (UN) has run into a government that is reluctant to cooperate”. For this reason, the UN must do everything in its power “to mitigate the tremendous loneliness and apprehension that (…) human rights defenders in Nicaragua feel today, as well as to contribute to improving the conditions of persons deprived of liberty in this sister country, in accordance with international standards.”

Finally, he called on the Nicaraguan government to reconsider its position regarding human rights defenders and the international systems for the promotion and protection of human rights, and urged them to “let them work for the good of the women and men of Nicaragua who want, neither more nor less, than to exercise their rights as they are entitled”.

Lack of impartiality of the Criminal Justice System

Alexandra Salazar, Coordinator of the Legal Defense Unit (UDJ), explained that the “obvious non-compliance of the State”, the partiality of the Criminal Justice System (National Police, Prosecutor’s Office, Judicial Power, and Penitentiary System) and the Attorney General’s Office for the Defense of Human Rights, and the repressive intent aimed at violating the rights of Nicaraguan citizens, has been demonstrated before the CAT.

These institutions have exercised systematic practices of torture and other cruel, inhuman, and degrading treatment and punishment through the application of preventive detention, solitary confinement and punishment in a generalized manner against persons deprived of liberty for political reasons, and for terms greater than the maximum allowed in Nicaraguan legislation.

Juan Carlos Arce, lawyer for the Nicaraguan Never Again Human Rights Collective, recalled that the Committee expressed “serious concerns and recommendations to the State regarding the administration of justice and violations of indigenous peoples.” The reports received by the CAT indicate violent attacks against members of indigenous peoples and people of African descent, some resulting in death; nevertheless, there is an alleged reluctance on the part of the authorities to investigate the facts, as well as attempts to criminalize and stigmatize the defense organizations that work to protect their rights.

Government of Nicaragua exercises patriarchal and sexist violence

Karina Sánchez from the Mesoamerican Initiative of Women Human Rights Defenders (IM-Defensoras) affirmed that ” the government of Daniel Ortega and Rosario Murillo systematically exercises sexist and patriarchal violence”,particularly towards women who have raised their voices to denounce the multiple violations of human rights committed by the regime.

Sánchez highlighted that the Committee expressed concern about the high incidence of assaults and acts of sexual violence in cases of women deprived of their liberty for political reasons and about the incarceration of trans women in centers for men. In this sense, the CAT urged the State to adopt measures to cease the acts of repression and violence against human rights defenders, and to promptly, independently and exhaustively investigate the acts of excessive use of force, torture and mistreatment in the framework of the protests that began in April 2018.

Pronouncement

The Center for Civil and Political Rights (CCPR), the Center for Justice and International Law (CEJIL), the Nicaraguan Human Rights Collective Never Again, the Nicaraguan Center for Human Rights (CENIDH), the Mesoamerican Initiative for Women Defenders (IM-Defensoras), the Institute on Race, Equality and Human Rights (Race and Equality); the Autonomous Women’s Movement (MAM), the World Organization Against Torture (OMCT), the Legal Defense Unit (UDJ) and the Registry Unit (UDR) thank the efforts of human rights defenders and members of the Committee against Torture that, despite the adverse conditions and the lack of cooperation from the State, continue to monitor, document and denounce the serious human rights violations committed in Nicaragua.

Once again, we call on the State of Nicaragua to comply with its international human rights obligations, particularly with the recommendations provided by the CAT. It is imperative that the State proceed with the immediate and unconditional release of persons deprived of their liberty for political reasons and that, while this happens, it guarantees that acts of torture cease and that detention conditions are provided in accordance with international standards.

Likewise, the State must guarantee the impartiality of the Criminal Justice System and the Office of the Human Rights Ombudsman, since only in this way can credibility be ensured in the investigations of human rights violations committed against persons deprived of their liberty for political reasons, indigenous and Afro-descendant peoples, women, and other populations in situations of vulnerability.

Finally, we invite the international community to respond forcefully and use all the resources at its disposal to hold the State of Nicaragua accountable for the human rights violations committed since April 2018, and to cease arbitrary detentions and acts of torture that they currently carry out.

State of Nicaragua withdraws from the CAT review and calls it “Provocative”

Washington D.C. / Geneva, July 18, 2022 -.  The Committee Against Torture (CAT) summoned the State of Nicaragua to a review under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment on Thursday, July 14. The Nicaraguan delegation did not attend and, through a letter, the Minister of Foreign Affairs, Denis Moncada, described the review as a “new provocation” and assured that the CAT has “no legitimacy whatsoever to question” its reports “nor to transgress” its laws, constitution and norms.

Given the absence of State and that “Nicaragua is at a critical point in its history, which clearly affects the human rights of its population”, the Chair of the Committee, Claude Heller, informed that the group of experts would conduct the review on the basis of information provided by the Office of the United Nations High Commissioner for Human Rights (OHCHR), its annual reports, resolution 49/3 adopted by the Human Rights Council on March 31, 2022, the most recent oral update on the situation in Nicaragua (June 16, 2022), and submissions from civil society organizations.

During the session, Heller stated that the State of Nicaragua “has systematically violated human rights” and the Convention Against Torture. “The continued failure of the State party (Nicaragua) to ensure accountability for human rights violations committed since April 208 remains a matter of grave concern,” added Erdoğan İşcan, Committee Expert and Country Co-Rapporteur for Nicaragua.

Since April 2018, Nicaragua has been immersed in a serious socio-political and human rights crisis. The indiscriminate use of force by state and para-police groups during peaceful demonstrations has resulted in at least 355 fatalities, more than 1600 people injured and, as of May 2020, 1614 were arbitrarily detained. Following the release of several political detainees in 2019, cases of torture in state custody were documented. Currently, more than 190 people are deprived of liberty on political grounds, and there are allegations of cases of torture in state and clandestine facilities.

According to information received by the Committee, 97% of the reported torture cases occurred in police detention centers, where arrested persons were arbitrarily deprived of their liberty without prior charge or due process of law. In addition, there is a “flagrant violation” of the United Nations Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (Bangkok Rules) in these facilities.

The Committee reported that, although the State has stated that there is no government policy of persecuting, threatening, harassing or killing human rights defenders, or impeding the exercise of their work, “the available information demonstrates the contrary based on the set of laws (Law for the Regulation of foreign Agents, Special Law on Cybercrimes, and Law for the Defense of the Rights of the People to Independence, Sovereignty and Determination for Peace)”.

OHCHR recorded at least 40 cases of threats, intimidation, criminalization and smear campaigns, the arbitrary detention of 5 journalists, and the raid of 2 media outlets during 2021. In the same period, the Office documented 26 cases of detention and at least 4 cases of arbitrary detention of human rights defenders. “Retaliation, with the support of state groups and government sympathizers, institutionalizes violence against defenders,” said the president.

Likewise, the State of Nicaragua reported that “there are no acts of violence against NGOs” but that some of them have used their organization to “alter public order” and carry out actions to “destabilize the country” and overthrow the government, violating the General Law on Non-Profit Legal Entities (Law 147); and for this reason, the Ministry of the Interior has cancelled their legal personalities. For its part, the CAT considered that the growing trend of cancellations “has led to a drastic reduction of civic space”.

On the other hand, regarding violence against indigenous and Afro-descendant peoples, the CAT asked the State to provide references on the investigations into the massacre of indigenous Miskitu and Mayangna people on August 23, 2021, as well as the attacks by settlers perpetrated in October of last year. The Committee expressed the reticence of the Nicaraguan authorities to provide information in this regard and their attempts to criminalize indigenous people for these cases. It also denounce the cancellation of the legal status of the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN), an organization of utmost importance for these peoples and communities, which have historically been forgotten by the governments in power.

Finally, the Committee urged the Nicaraguan authorities to punish those responsible for the reported abuses and to resume dialogue with the United Nations Office for Human Rights.

The Committee will issue a document with its final observations of Nicaragua on July 29, and will sent it to the State.

 

Statement

We, the signing civil society organizations, condemn the reaction of the Nicaraguan State’s rejection of the Committee against Torture. This is unprecedented and, as mentioned by Chairman Claude Heller, “questions the integrity of the Committee, its members and international human rights mechanisms” and expresses a profound disregard and contempt for the Convention and its working methods.

We recall that the signing and ratification of the Convention Against Torture was a voluntary action by the Nicaraguan State and that, therefore, it must comply with its international obligations in this area, specifically with the recommendations made by the Committee.

Among other issues, we demand that the State of Nicaragua: immediately cease attacks against individuals, organizations and communities that defend human rights; repeal the legal framework that allows for criminalizing organizations, journalists, social communicators and human rights defenders for their work, among other actors considered as opponents; and investigate with due diligence the attacks perpetrated against indigenous and Afro-descendant peoples, in order to prosecute and punish those responsible.

Finally, we call on the international community to respond forcefully to hold Nicaragua accountable for the human rights violations committed since April 2018. No more impunity!

Signed

Nicaraguan Center for Human Rights (CENIDH)

Center for Civil and Political Rights (CCPR-Centre)

Center for Justice and International Law (CEJIL)

Nicaragua Nunca + Human Rights Collective (Colectivo de Derechos Humanos Nicaragua Nunca +)

Mesoamerican Women Human Rights Defenders Initiative (IM-Defensoras)

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

Autonomous Women’s Movement (MAM)

World Organization Against Torture (OMCT)

Legal Defense Unit (UDJ)

Registration Unit (UDR)

Political prisoners: Race and Equality organizes a forum to contribute to the effective approach to detention and imprisonment for political reasons in the region

Washington DC, June 17, 2022.- Race and Equality organized a forum to contribute to the effective approach to arrest and imprisonment for political reasons in the Western Hemisphere and proposed guidelines that allow establishing criteria to determine who is a person detained for political reasons.

“At the institute, this process began about a year and a half ago, a little worried about the need to have criteria for a person to be considered a political prisoner in the hemisphere,” said the director of Race and Equality, Carlos Quesada.

The director for the Americas of Amnesty International, Ericka Guevara Rosas highlighted the similarities that exists in the violations of human rights committed against people arbitrarily deprived of liberty for political reasons in countries such as Cuba, Nicaragua and Venezuela where there is a “co-optation of the Powers of the State”.

Guevara participated in the event “Political Prisoners: Challenges and Proposals for their International Protection from a Human Rights Approach”, organized by the Institute on Race, Equality and Human Rights (Race and Equality), in order to create a space for reflection on the characteristics that must exist for a person to be considered arbitrarily deprived of liberty for political reasons in a country.

Guevara highlighted that there is a pattern between Cuba, Nicaragua, and Venezuela, for example, in which journalists and human rights activists who oppose certain state policies are criminalized and therefore become targets of the state that creates laws and uses the Powers of the State to prosecute them.

“People are detained through the improper use of the criminal justice system and through the deprivation of liberty, which, many times, is not only given in prison conditions, but many times we have seen patterns of deprivation of liberty through short-term arrests, detentions and house arrests,” said Guevara.

“They tried to gouge out his eyes”

Miriam Cardet, sister of former political prisoner Eduardo Cardet, from Cuba, recalled at the event how her relative was detained on November 30, 2016, when, after returning from a trip to the United States, he was intercepted by men dressed in civilian clothes, in his home, who began to beat him savagely.

“They pounced on him, putting him against a fence in front of the house and beat him (…) They tried to gouge out his eyes,” Cardet said in her account. That was just the beginning of the problems for the family and the human rights violations against the Cuban doctor and activist.

He was missing for five days until a protest by relatives forced the Cuban government authorities to show him halfway, when he could barely stand and was swollen from the beating he received.

Cardet was released in May 2019, after serving the three-year sentence for which he had been charged.

“Through all the denunciations at the international level, my brother’s life could be saved,” said Cardet, recalling that the denunciation and the constant pressure against these States is the only way to guarantee the lives of these people.

10 deaths under the tutelage of the Venezuelan State

In Venezuela, it is estimated that since 2014 there have been at least 4,000 people imprisoned for political reasons after participating in demonstrations against the government of Nicolás Maduro. At least 10 of them have died under the tutelage of the State, according to figures from human rights organizations.

“In the case of Venezuela, a structure has been created and arbitrary detention is not the only violation that is used, a judicial structure has been created, an administrative and legislative structure has been created that what it seeks is to close civic space more every time,” said Ronnie Boquier, legal coordinator of the Committee of Family Victims of the Caracazo.

The situation there is quite similar to what is happening in Cuba and Nicaragua, where crimes of terrorism against peaceful demonstrators are invented and ambiguous crimes such as “treason against the homeland” are attributed to them.

Nicaragua and the criminalization of human rights defenders

The criminalization of human rights defenders and the cancellation of non-governmental organizations that are not related to the Daniel Ortega regime has caused more than 500 NGOs to no longer have legal status, according to Nicaraguan media reports.

These closures are only part of the problem, because after their legal operating capacity is canceled, persecution is unleashed against their leaders, who in many cases are forced to leave the country or detained.

The arbitrary arrests in Nicaragua began in April 2018, after the peaceful demonstrations and until May 2020, the IACHR calculated that at least 1,614 people were in prison, highlighted Fiorella Melzi, coordinator of the Special Follow-up Mechanism for Nicaragua (Meseni).

“As a result of the arrests, the Commission has observed a series of human rights violations: violations of guarantees and judicial protection, in most cases, initially, the State did not report the whereabouts of the detained persons and (prevented), the access to a lawyer of choice, the accusations presented in preliminary, private and secret hearings in facilities other than the judicial courts”, Melzi listed.

Some were later released, but the criminalization of dissidents continued and spread to all sectors of the country. At the point prior to the 2021 presidential elections, when Daniel Ortega was fraudulently re-elected for a fourth consecutive term, he imprisoned 7 presidential candidates and until May 31, 2022, the number of people arbitrarily deprived of liberty for political reasons in the country was already more than 190, according to figures updated for May from the Mechanism for the Recognition of Political Prisoners in Nicaragua.

Many of these people were directors of non-governmental organizations or were simply arrested for expressing opinions contrary to the regime’s policies on social networks.

“New crimes are created, laws against terrorism that involve people who defend rights in the logic that the State will always classify them as an enemy and they are joined with past laws,” said Boquier, who explained about the similarities that occur in the three countries when persecuting dissidence.

These are policies that, according to Boquier, the States themselves are defining and he blamed them for being the ones who classify people as “enemies”, to later arbitrarily detain them for the activities they carry out.

“Whoever defines the policy of persecution are the States and whoever gives it the political motives are the States. Prisoners for political reasons in our countries (exist) because the States consider them that way because of their activity,” he remarked.

Race and Equality proposes guidelines to determine the deprivation of liberty for political reasons

Considering all these situations that occur in Cuba, Nicaragua, and Venezuela, but also extend to countries such as Chile or Colombia, Race and Equality published the document “Guidelines for the determination of detention and imprisonment for political reasons: Contributions from International Law of Human Rights”, which seeks to contribute to a discussion that leads to identifying and highlighting the patterns that exist in the countries that detain people for political reasons.

The document highlights the importance of having a characterization at the international level that allows recognizing that people under this form of deprivation of liberty are more exposed to suffering serious violations of their human rights and therefore, are in a situation of special vulnerability. This recognition makes it possible to hold States accountable for these arbitrary deprivations of liberty for political reasons and to create a route of responsibility that allows justice and reparation for the victims.

Race and Equality proposes two guidelines. The first consists of establishing whether the deprivation of liberty is arbitrary according to the categories established by the United Nations Working Group on Arbitrary Detention. That is, that it occurs as a consequence of the exercise of rights or freedoms of thought, conscience and religion; opinion and expression; peaceful assembly and association; and political participation; and that it is discriminatory for reasons such as political opinion.

Secondly, it is pointed out that it is essential for this determination to identify that the arbitrary deprivation of liberty is the product of politically biased State actions, for which the patterns of detention and instrumentalization of justice institutions in contexts must be examined, both democratic and authoritarian, as well as the actions carried out by the person, such as the defense of human rights, participation in the political life of their country, journalism, among others. 

The complete document can be downloaded at this link for the Spanish version and at this other link for the English version.

Brian Nichols in “Jailed for what?”: Politically motivated arrests and trials of protesters are an affront to democracy in Cuba, Nicaragua, and Venezuela

Washington DC, June 15, 2022.- The arrests of peaceful protesters in Cuba, Nicaragua and Venezuela are an affront to democracy and the trials seek to silence freedom of expression, highlighted the Undersecretary of State for Western Hemisphere Affairs , Brian A. Nichols , during the event “Jailed for what?: People imprisoned for political reasons in Cuba, Nicaragua and Venezuela” , organized by the Latin American Human Rights Consortium, of which is a part of the Institute on Race, Equality and Human Rights (Race and Equality) .

This event was held within the framework of the IX Summit of the Americas with the aim of generating a space for reflection and dialogue on the circumstances and conditions experienced by persons deprived of liberty in the exercise of their fundamental rights in these three countries. Apart from Nichols, the Rapporteur of the Inter-American Commission on Human Rights (IACHR) on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón, participated in this space, as well as relatives of political prisoners and activists.

“The United States, along with its partners and allies around the world, continues to press for the release of all those unjustly detained for political reasons and for an end to human rights violations and to create the conditions for the holding of free and fair elections that allow Venezuelans, Cubans and Nicaraguans to choose their leaders for themselves,” Nichols said.

Stuardo Ralón: “The IACHR wants to reiterate its commitment to condemn this situation”

For his part, the IACHR Rapporteur on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón, assured that the prisons in which political prisoners are held “are characterized by high levels of overcrowding, lodging in cells with structural deficiencies and unsanitary conditions; use of isolation measures, lack of access to drinking water; proper nutrition and medications; use of practices of torture and other ill-treatment.

Ralón said that the situation in the three countries is serious and particularly in Cuba, it became much more complicated as a result of the protests of July 11 and 12, 2021, which the regime repressed with violence; just as it happened in the peaceful demonstrations in Nicaragua in 2018 and Venezuela in 2014.

“The Inter-American Commission on Human Rights wants to reiterate its commitment to condemn this situation and demand the release of all political prisoners. The Commission’s commitment is to make all these situations visible with all the instruments at its disposal, whether these are press releases, precautionary measures to put an end to this regime of repression.”

Anamely Ramos: “In Cuba, political prisoners are not just victims, they are also heroes”

In Cuba there are more than 1,400 political prisoners as a result of the demonstrations of July 11 and 12 and the conditions in which they find themselves are completely inhumane, according to data from the organizations Cubalex and Justicia11J.

Anamely Ramos, a Cuban artist and human rights defender, expressed that the situation is difficult for all political prisoners, but especially for women. “The women who are imprisoned, in addition to the fact that half are mothers who are separated from their children, are subjected to degrading acts and all kinds of humiliation,” she said, and requested that prisons be given access to verify the health condition of political prisoners, more support for civil society, greater visibility of the incarceration of minors and denouncing the complicity of the justice systems of the three countries in favor of their regimes.

“In Cuba, political prisoners are not just victims, they are also heroes. They did not begin to be prisoners when they were arrested, but since they were born,” Ramos stressed.

Victoria Cárdenas from Nicaragua: “Let us join the cry for Freedom”

On June 8, but in 2021, the presidential candidate Juan Sebastián Chamorro was arrested by the Police of the Daniel Ortega regime and his wife, the businesswoman Victoria Cárdenas, had to go into exile so as not to be arrested as well. In prison, Chamorro has lost more than 50 pounds and is unrecognizable, according to people who have managed to visit him just seven times in the last year.

Until the beginning of June in Nicaragua there were 184 political prisoners and of them, 180 had already received a conviction in trials lacking due process and in which police officers were used as witnesses.

“I invite everyone to raise our voices for all those voices that authoritarian regimes like Cuba, Venezuela and Nicaragua wanted to silence. Let’s join the cry for freedom. I call on the international community, the heads of state, the international human rights organizations, civil society, the business community of the continent and the world, and people of good will, to do everything necessary to ensure that they comply with what the Inter-American Court of Human Rights has ordered and release them immediately,” added Cárdenas.

Regarding the situation in Nicaragua, the director of Race and Equality, Carlos Quesada, stressed that since the beginning of the protests in April 2018, at least 1,614 Nicaraguans were arbitrarily detained until May 2020. “In most cases, what has been criminalized is the right to freedom of expression,” said Quesada.

To conclude, Quesada assured that they will continue to denounce the human rights violations committed by the Ortega regime in Nicaragua against the more than 180 political prisoners and for this they will launch the “Nicas Libres Ya” campaign that seeks to make their stories visible and achieve the necessary support for their early release.

Munira Muñoz: “In Venezuela we have 235 political prisoners”

Munira Muñoz, lawyer and coordinator of the organization Foro Penal USA/Venezuela, recalled that “in Venezuela we have 235 political prisoners, of which 15 are women.” In this country, at least 10 political prisoners have died since 2014, and many of them are confined together with common prisoners.

Muñóz mentioned the case of the political prisoner Emirlendris Benítez, 41, who was arrested in August 2018. “She was charged with crimes of terrorism, conspiracy to commit a crime, attempted intentional homicide against the President of the Republic, intentional homicide with treachery against the military high command, damage to public property and possession of explosive devices. She was giving a transportation service with her husband who is currently also in prison.”

Benítez lost the mobility of her legs after suffering an abortion due to the mistreatment she received at the time of her arrest and in 2021 her sister denounced that her health situation was quite delicate.

Serious situation for human rights defenders

The Executive Director of Race and Equality, Carlos Quesada, reported that the situation is serious for everyone in the three countries, but especially for human rights defenders and activists who, even when they intended to go to Los Angeles to participate in the Summit of the Americas, were prevented by the Cuban authorities.

“In particular, (restrictions) are imposed to prevent the participation (of activists) in international forums where they intend to expose human rights violations by the Cuban regime,” added Quesada.

This situation has occurred in Nicaragua, Cuba and Venezuela, whose governments limit the travel of those who are considered political opposition to avoid international denunciations of human rights violations.

Pronouncement

From the Institute on Race, Equality and Human Rights (Race and Equality) we do not stop demanding the immediate and unconditional release of all political prisoners in Cuba, Nicaragua, and Venezuela. Likewise, we urge States to comply with the United Nations Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) in prisons.

It is imperative that these countries abide by the recommendations of the Inter-American Court of Human Rights (IACHR), the Inter-American Commission on Human Rights (IACHR), the United Nations Human Rights Council (HRC), treaty bodies and special procedures.

Freedom for political prisoners!

Race and Equality denounces the situation of political prisoners in Cuba, Nicaragua, and Venezuela in the framework of the IX Summit of the Americas

Washington DC, June 2, 2022.- In the framework of the Summit of the Americas, the Latin American Human Rights Consortium – which is led by the Institute on Race, Equality and Human Rights (Race and Equality) – will hold the event “Jailed for what?: People imprisoned for political reasons in Cuba, Nicaragua and Venezuela”, whose objective is to generate a space for reflection and dialogue on the circumstances and conditions experienced by persons deprived of liberty in the exercise of their fundamental rights in those three countries.

The event, which will be hybrid, will take place on Wednesday, June 8, in the Orpheum A room of the Hotel Indigo, in Los Angeles (California), starting at 4:00 pm local time (5:00 pm Central America time and 7:00 pm Caracas and Havana time). It will also be broadcast on the Race and Equality Facebook page and YouTube channel.

Panelists include Uzra Zeya, Under Secretary for Civilian Security, Democracy and Human Rights of the United States; Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs; the Rapporteur on the Rights of Persons Deprived of Liberty and for the Prevention and Combat of Torture, Edgar Stuardo Ralón; and the Executive Director of Race and Equality, Carlos Quesada.

There will also be the participation of Victoria Cárdenas, Nicaraguan businesswoman and wife of the presidential candidate and political prisoner of the Ortega and Murillo regime, Juan Sebastián Chamorro; Anamely Ramos, Cuban artist and human rights defender; Munira Muñoz, lawyer and coordinator of the organization Foro Penal USA/Venezuela. The event will be moderated by David Álvarez Veloso, Coordinator of the Human Rights Consortium.

The situation of political prisoners in Cuba, Nicaragua, and Venezuela

The number of political prisoners in Cuba, Nicaragua and Venezuela continues to increase. These three countries are characterized by authoritarian governments that use laws to criminalize activities that promote and defend human rights, journalism, and political opposition.

Cuba

In Cuba, whose single-party system maintains tight control over society in all its spheres, there were 150 political prisoners until July 2021, but after the historic protests of July 11 and 12, the figure increased to more than 1,400. Among those detained there are at least 50 minors, of whom, as of March 2022, 20 have been prosecuted and sentenced to between 7 and 13 years in prison.

Nicaragua

In Nicaragua, the state and para-state repression of the peaceful demonstrations that began in April 2018 resulted in 355 fatalities, more than 2,000 people injured, and 1,614 arbitrary detentions.

The crisis has lasted for more than four years and, currently, more than 170 people are imprisoned for political reasons, without access to specialized medical attention in conditions that do not comply with the United Nations Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules) and the Internal Law on Human Rights, that can be described as cruel, inhuman, degrading treatment, physical and psychological torture. This situation is especially critical for the 14 women political prisoners, 19 elderly people and people with chronic illnesses.

Venezuela

Since 2014, Venezuela has not been the exception to the deepening of the human rights crisis, after citizens came out to protest the economic situation and insecurity in the country. That year, the number of people detained for political reasons reached 3,708, while in 2017 there were 5,511 arrests for the same reasons. Currently, according to the Foro Penal organization, there are 239 people deprived of liberty for political reasons in this country.

Since 2014, at least 10 political prisoners have lost their lives and the Foro Penal organization has reported that prison conditions in the country are precarious and has registered cases of prisoners for political reasons who are held together with common prisoners.

When is a person a political prisoner?

In the field of international law, there is no definition or characterization of political prisoners. However, the existence of this problem in the region has made it possible to identify criteria to determine when a person has been deprived of liberty for political reasons, regardless of the country where they are registered.

These are some:

  • The person’s activities are linked to the exercise of freedom of expression, association or assembly, the political opposition, the defense of human rights and peaceful demonstrations.

The State carries out actions in order to consolidate or retain power, which result in human rights violations.

  • There is a use and articulation of State structures and institutions for the arbitrary deprivation of liberty of the person and their criminalization.
  • The context is characterized by single-party and authoritarian states, where democratic institutions do not exist…although there are cases recorded in contexts of countries with certain recognized democratic institutions.

Event information:  Jailed for what? People imprisoned for political reasons in Cuba, Nicaragua, and Venezuela.

Wednesday, June 8, 2022

4:00 PM Los Angeles | 5:00 PM Central America | 7:00 PM Caracas – Havana

Hotel Indigo – Los Angeles, Downtown | Orpheum Hall A

RSVP and virtual registration: https://bit.ly/3sVeJAw

Simultaneous interpretation SPANISH | ENGLISH | PORTUGUESE

World Press Freedom Day: Journalism in resistance inside and outside Nicaragua

Washington DC, May 3, 2022.- This May 3rd, World Press Freedom Day is commemorated; However, in Nicaragua, Confidencial, 100% Noticias and La Prensa are confiscated; Radio Darío lives under permanent siege by the police and journalists, commentators, media workers and collaborators of organizations that promote Freedom of the Press are arbitrarily in jail; the murder of the journalist Ángel Gahona continues in impunity; More than 100 journalists report from exile, and journalists who report from the field do so from underground due to reprisals.

For this reason, with the aim of denouncing the serious deterioration of Freedom of the Press in Nicaragua, the Institute on Race, Equality and Human Rights (Race and Equality) spoke with three exiled Nicaraguan journalists about the patterns of repression against the press, their decision to exile, the challenges and opportunities of reporting from inside and outside the country, among other aspects. Below are their comments on the situation.

María Lilly Delgado: There is a new version of catacomb journalism

María Lilly Delgado is a Nicaraguan journalist with a long career in national and international media who, as a correspondent for the international network Univisión, covered the protests in April 2018. In May 2021, Delgado was summoned to the Prosecutor’s Office as a “witness.” for the alleged money laundering case of the Violeta Barrios de Chamorro Foundation. Later, when she requested the presence of a lawyer at the appointment, the authorities changed her status to “investigated” and applied immigration restrictions and “prohibited her from going out to public places and meetings.” She is currently exiled in the United States.

For Delgado, in Nicaragua, the press and independent journalists are persecuted for thinking and expressing themselves differently from the official narrative of the regime, for informing of the demand for justice of the relatives of the victims of state repression and the relatives of political prisoners. “The regime wants to annihilate or silence all dissident and critical voices,” she denounced.

“There is a new version of catacomb journalism through social media and the web,” she said, referring to the fact that, in the face of imminent danger, journalists operate anonymously and “practically clandestinely” within the country.

Regarding reporting from exile, Delgado considers that it represents “an enormous challenge” because the women and men of the press must not only reinvent themselves and expand, but they must also explore alliances, do collaborative journalism with the aim of continuing to raise the quality of journalistic content, seek sustainability; and additionally, guarantee the safety of those who report from within.

Despite the difficult times that Nicaraguan journalism is experiencing, the journalist believes that it is time to renew the commitment to the principles of journalistic ethics, such as truth and precision, independence, and humanity. “From wherever we are, let’s try to put our grain of sand in with this huge army of journalists who, from inside and outside of Nicaragua, claim their right to report on the human rights crisis,” he concluded.

José Denis Cruz: The regime does not want a critical press but one that is the loudspeaker of its speech

José Denis Cruz is a Nicaraguan journalist who is exiled in Spain. He worked at La Prensa and El Nuevo Diario, two national newspapers that ceased circulation due to the repressive policy of the authoritarian regime of Daniel Ortega and Rosario Murillo. He decided to go into exile in 2018, after covering social protests, exposing himself to beatings, bullets, and other attacks, and after concluding that “Nicaragua was no longer a safe country for journalists.” He currently works in a Spanish media of fact-checking and verification of false news.

For Cruz, exercising freedom of the press without suffering reprisals is difficult. Nicaraguan media and journalists have suffered siege, censorship, threats, forced exile, criminalization, and in the worst cases, murder. “That has been the cost that journalism has paid for exercising freedom of the press,” he lamented.

“The regime does not want a critical press but one that is the loudspeaker of its discourse, and independent journalism has been brave in challenging it. As journalists, like any society that wants change, we defend the values of freedom, justice, and democracy,” he said.

Regarding reporting from exile, Cruz considers that the media that have emerged from abroad are admirable, they were ahead of the times with new formats such as interviews through the ZOOM platform and virtual editorial meetings. The journalists manage to tell the news from new narratives such as podcasts and explainers. “There is a reinvention of journalism and for the first time we see media that are not linked to power groups”. However, he considers that the challenge of maintaining quality and finding a balance between mental health and media sustainability will always be present.

Finally, José Denis sends the following message to those who continue reporting from Nicaragua: “Be careful. We do not want more martyrs… We value your courage; without you we would not know how the country is doing”. For his colleagues in exile, he sends a message of resistance: “Let’s continue resisting and denouncing, from any space, the human rights violations committed by the regime.”

Carlos Eddy Monterrey: This regime is capable of anything, it is a repressive regime

Carlos Eddy Monterrey is a radio journalist who worked as a commentator for the news program “Tras La Noticia” on Radio La Costeñísima, the only independent media outlet in the city of Bluefields, in the South Caribbean Autonomous Region of Nicaragua. In his radio program, Monterrey addressed the sociopolitical and economic crisis, regional autonomy, the weakening of institutions, among other topics of regional and local interest. As a result of this work, the journalist was verbally assaulted by a former Political Secretary of the Sandinista National Liberation Front (FSLN) and sympathizers of that party, he also suffered constant police harassment, threats, and smear campaigns. He is currently exiled.

For Monterrey, exercising freedom of the press is “the freedom to inform, to have access to information from State agencies and institutions without repression or censorship,” but this does not happen in Nicaragua, “the regime is challenging all international agreements,” he lamented.

The journalist shared that, despite the fact that the Inter-American Commission on Human Rights (IACHR) extended precautionary measures to him because his life and personal integrity are at risk and urgent, “this has definitely not been complied with by the Government, by the State.” Likewise, he regretted that people with precautionary measures from the IACHR have been imprisoned.

Regarding the challenges faced by journalists in exile, Monterrey lamented the economic difficulties, as well as the need to maintain a “low profile”, not identify themselves or avoid publishing for fear that the regime will take action against their relatives.

“We already know that this regime is capable of anything, it is a repressive, criminal regime and totally violates all the human, civil and political rights of all Nicaraguan citizens.”

On the other hand, he denounced that the journalists who continue to work from the field face constant harassment and threats from fanatics; but he also highlighted that they have a great capacity to “devise ways”, take security measures, and report through digital platforms. “That is the way in which the Nicaraguan population realizes what is happening.”

Finally, his call is to “continue resisting and informing a people eager for information and eager to know the truth of what is really happening, which is what the Ortega Murillo regime is trying to hide (…) that the truth be disclosed and that we be critical against all the atrocities and barbarities that they commit”.

Pronouncement

On this day, Race and Equality stands in solidarity with Nicaraguan journalists who are inside and outside the country; as well as with media workers, press freedom defenders and their families. The continuity of their work is fundamental for the restoration of democracy in Nicaragua as well as for the victims and their families to have access to justice, truth, reparation and guarantees of non-repetition.

We demand the immediate and unconditional release of all political prisoners, including journalists, media workers and organizations that defend freedom of expression and freedom of the press who have been unjustly convicted.

We urge the Government of Nicaragua to respect press freedom, providing conditions for journalists to carry out their work without facing police harassment, persecution, threats, prosecution, exile, and even death.

We demand the repeal of the Special Cybercrime Law, the Foreign Agents Regulation Law and other laws that have criminalized the exercise of freedom of expression, freedom of the press and the right to inform.

OHCHR Representative on Nicaragua: The creation of the Group of Experts on Human Rights represents a step forward towards accountability

Washington DC, April 20, 2022.- On the fourth anniversary of the beginning of the socio-political and human rights crisis in Nicaragua, the Institute on Race, Equality and Human Rights interviewed the Regional Representative for Central America of the Regional Office for Central America of the United Nations High Commissioner for Human Rights (OHCHR), Alberto Brunori , on the role of the United Nations in the situation that the country has been going through since 2018, the refusal of the State of Nicaragua to comply with the recommendations of the Council of United Nations Human Rights (HRC) and other international protection bodies, and the role of the Investigation and Accountability Mechanism established at the 49th session of the HRC.

The Investigation and Accountability Mechanism adopted by the Council is a request from civil society organizations such as the 46/2 Collective, made up of Race and Equality and twenty other human rights organizations that have worked together since 2021, after confirming the progressive deterioration of the situation and the absolute lack of will of the Nicaraguan State to comply with the recommendations of the United Nations . This Mechanism will be made up of three human rights experts who, for a year, will investigate exhaustively and independently, establish the facts and circumstances, collect, preserve, and analyze the evidence, and -whenever possible- identify those responsible for the alleged human rights violations committed in Nicaragua since April 2018.

For Brunori, this Group of Experts on Human Rights has an “unprecedented” mandate and “represents a step forward towards accountability for the serious human rights violations committed in Nicaragua”

Nicaragua has been immersed in a deep human rights crisis for more than 4 years. The Human Rights Council has analyzed it and has issued four resolutions. What has the position of the State of Nicaragua been regarding these recommendations? What actions has the government taken? What is the assessment of the OHCHR in this regard?

I am concerned that, over the last four years, the Government has not shown the intention to implement the recommendations issued, both by the Human Rights Council, as well as by the Office of the High Commissioner and other mechanisms of the Regional System (OAS) and Universal Human Rights (UN). Last year the Office published a bulletin outlining the scant progress in this regard. In September of this year (2022), the Office will present, at the request of the Human Rights Council, an updated and exhaustive report where the implementation of the recommendations issued by the human rights mechanisms of the UN system will be analyzed until 2022.

Recently, in its 49th session, the United Nations Human Rights Council approved a resolution that includes the establishment of an investigation and accountability mechanism for Nicaragua. What is the mandate of this mechanism? What characteristics should the experts who will make it have? What will be the role of the OHCHR in this?

Resolution 49/3 reflects the existing concern in the international community and in Nicaraguan civil society. The creation of the Group of Three Human Rights Experts represents a step forward towards accountability for the serious human rights violations committed in Nicaragua.

Its mandate, as stated in the resolution, will consist of carrying out exhaustive and independent investigations of the human rights violations committed in Nicaragua since April 2018, establishing the facts, gathering evidence, and identifying those responsible, so that this information can also be used in future accountability initiatives. It will also have to formulate recommendations that contribute to improving the human rights situation in the country and present a written report to the Human Rights Council in March 2023, among other tasks.

It should be noted that the mandate has highlighted the possible gender dimensions of abuses and violations, as well as their structural causes.

The three experts will be chosen by the President of the Human Rights Council, so we rely on his criteria to identify the best profiles that can successfully carry out the mandate. I am convinced that they will be professionals with knowledge of the country and the region, with a profound command of international human rights law, and with the necessary experience to face a delicate task that will help victims of violations of their human rights in Nicaragua obtain justice and reparation.

The Office of the High Commissioner, for its part, will continue to fulfill its mandate of regular monitoring of the human rights situation in the country. In this sense, Resolution 49/3 reinforces the role of the Office in the field of monitoring, reporting and regulatory analysis, independently of the mandate of the Group of Experts.

There is currently a Special Follow-up Mechanism for Nicaragua (MESENI) that was established as of June 2018 to follow up on the recommendations made by the IACHR and the GIEI. What are the main differences between both mechanisms? What are the strengths of the United Nations Mechanism? Do you contemplate working hand in hand?

The MESENI and the Office have been collaborating closely in monitoring the human rights situation in Nicaragua, so that we hold analysis and information meetings, and issue joint statements to express the concerns shared by both the Inter-American System and the Universal System of Human Rights. However, the mandate of investigation, establishment of the facts and circumstances of the violations, and identification of those responsible that the Council gives to the Group of Experts is unprecedented for Nicaragua, and precisely therein lies its strength. The Group of Experts, in addition to informing the international community about what happened in the country, will gather evidence that will help bring the perpetrators of the serious violations committed to justice.

Finally, it should be added that the collaboration framework established by the Human Rights Council in its Resolution 49/3, also provides that the Group may relate to other human rights organizations.

On multiple occasions, High Commissioner Michelle Bachelet has urged the Nicaraguan government to allow the reentry of her Office. In her last report she requests it again. Has the State of Nicaragua responded to any of these communications? What actions will the Office take to achieve a “yes” from the State? What expectations do you have of this visit?

The Government has not responded to the multiple requests from the Office for access to the country, which have also been echoed by numerous Member States and international organizations. For our part, we will continue to reiterate our request, both in our public reports and bilaterally.

Having access to the country would allow us to have an even deeper understanding of the human rights situation in Nicaragua. We could also have the opportunity to visit arbitrarily detained persons and contribute to the urgent improvement of their situation. Likewise, we could establish a frank and direct dialogue with the Government, which is not possible when the exchange is reduced to bilateral communications that are not answered and, when they are public, they contain political considerations without going into the substance of the issues of interest to human rights.  A presence in the country would also allow us to reach and encourage the many human rights defenders who are carrying out their work in a situation of extreme precariousness, and under the constant threat of imprisonment or exile.

If you do not receive a positive response from the Nicaraguan government to work in the field, what are the opportunities and challenges that these experts could face when working remotely?

The UN has extensive experience in remote monitoring, both due to conflict and insecurity situations where physical access to a certain territory is not possible, and (more frequently) due to the objection of governments to allowing the entry of human rights officers. Governments need to know that blocking investigators’ access may hamper their work, but ultimately it will not stop progress towards accountability. Through interviews (physical and virtual) with victims and witnesses, and the analysis of documentation, exhaustive investigative work can be carried out. But, in any case, we should not get ahead of ourselves on this point, since it should be the experts themselves who assess the situation at the time.

Given the lack of truth and justice in Nicaragua, what message would you send to the victims of repression and to Nicaraguan citizens? What is your call to the Nicaraguan government? 

To the victims and all the people who have suffered human rights violations, including family members who have lost their loved ones, or who have been unjustly imprisoned for months and even years, I can only extend my solidarity. I deeply admire the resilience they have shown and the work they continue to do, both inside Nicaragua and in exile, to improve the situation in the country. This crisis has been going on for far too long, and I hope that you do not lose hope that justice will be achieved, that all those who are arbitrarily detained and in inhuman situations will be released, and that measures be taken to ensure that these violations are not going to be repeated.

Above all, I would say to the Government that, beyond the entire series of recommendations it has received from human rights organizations, listen, and give voice to Nicaraguans. The deep disagreements that may exist about the model of society that they want for Nicaragua and about its role in the world, can never justify the deprivation of life and liberty, torture, or exclusion from social and political life. The Government must know that it can only come out of this crisis by immediately ceasing the persecution against those sectors of society with which it disagrees and incorporating them into the debate and political decision-making spheres.

IACHR Rapporteur for Nicaragua: “We will continue to monitor the situation, accompanying and listening to the victims”

The work of monitoring, documentation, denunciation, and condemnation of the Inter-American Commission on Human Rights (IACHR) has been essential since the beginning of the serious sociopolitical and human rights crisis in Nicaragua. Recognizing their work, on the fourth anniversary of the civic rebellion of April 2018, the Institute on Race, Equality and Human Rights (Race and Equality) interviewed the IACHR Rapporteur for Nicaragua, Esmeralda Arosemena, about the role that this agency has played in the situation that the country is going through since April 2018 and what could be the next steps to achieve truth, justice, reparation and non-repetition for the victims of violence and repression.

In a report published in October 2021, the IACHR warned that in Nicaragua there is a weakening of the rule of law and a profound deterioration in the area of Human Rights that has been brewing for two decades. What progress or setbacks have there been in Nicaragua in terms of Human Rights since the publication of this report (October 2021)? What new patterns have been identified and what is currently of greatest concern?

The report includes several elements that account for what its title indicates, concentration of power and weakening of the rule of law in Nicaragua. In November 2021, elections were held in a context of repression, corruption, electoral fraud, and structural impunity, which made it possible to ensure that the Executive remains in power and, in turn, consolidate an anti- democratic regime in the country.

The IACHR observes that the State continues with a strategy aimed at keeping civic and democratic space co-opted by imposing a perpetual police state, and new measures and laws that arbitrarily restrict the rights of the population. Recently, from the IACHR, we rejected the massive and forced closure of civil society organizations, foundations, universities, cooperation and development agencies, feminist groups, medical unions, among others.

On the other hand, we are very aware of the violation of criminal law, including (those) included in the constitutional norms of the country; and the criminalization of people identified as opponents of the government, an element that responds to the lack of judicial independence and separation of powers of a Public Ministry and a Judicial Power subject to the will of the government in a clear detriment to the rule of law and the democracy. This is in memory of the political prisoners who, between February and March, were tried and sentenced to very high sentences, without judicial guarantees.

Four years have passed since the beginning of the crisis in the country, and the Ortega and Murillo regime continues without responding to the recommendations and precautionary measures granted by the IACHR and fails to comply with sentences and resolutions of the Inter-American Court. How do you assess this position of Nicaragua? What is the position of the IACHR to contribute to the end of the repression and the way out of this crisis? What additional international mechanisms or instruments exist for accountability in Nicaragua?

Among the roles that the IACHR has is to raise awareness about human rights, make violations visible, and make use of its protection mechanisms such as precautionary measures. In this sense, we will continue to monitor the situation, accompany, and listen to the victims, and demand that Nicaragua restore its democracy and repair the serious and unacceptable violations that continue to occur under a regime that decided not to be democratic.

The Commission has assessed the lack of compliance with its recommendations for the inclusion of the State of Nicaragua in section B of Chapter IV of its Annual Report for three consecutive years. We have granted more than 30 precautionary measures to people, leaders, political opponents for being in a situation of risk and irreparable damage to their rights. For its part, the Inter-American Court in 2021 communicated to the OAS the contempt of the State of Nicaragua for the provisional measures issued in favor of the release of political prisoners in the country. This exemplifies that the organs of the Inter-American System are making use of all available conventional tools to contribute to compliance with the recommendations made to the State.

We must remember that the Interdisciplinary Group of Independent Experts (GIEI) for Nicaragua was a body established through an agreement between the General Secretariat of the Organization of American States (GS OAS), the IACHR and the Nicaraguan government to investigate the acts of violence that occurred in the period from April 18 to May 30, 2018. The GIEI presented its report that reported the serious violations that occurred and continued. Subsequently, the IACHR installed its Special Follow-up Mechanism also for Nicaragua (MESENI) to continue monitoring and raising awareness. Now the United Nations has resolved to establish a group of experts to investigate human rights violations in Nicaragua.

Recently, in a hearing of the IACHR, it stated that it had tried to establish a dialogue with the State but had not received any response . Do you think there are possibilities of obtaining a positive response from the State in the short term? What results can be expected from this dialogue?

The Inter-American Commission has permanently expressed its willingness to collaborate technically with the State for the restoration of human rights, the rule of law and compliance with the recommendations. From our role, we will continue to insist that the national dialogue with the organizations that fulfill the function of defending and promoting human rights is one of the ways that must be assumed in any democratic system for reparation, for the memory, truth, and justice.

You have previously stated that political prisoners are a priority for the Commission. From your Office of the Rapporteur: Do you see progress that could result in the prompt release of political prisoners? What other efforts are planned to demand the release of these people?

For the Commission, the 171 political prisoners are a priority, and it will continue to work for their release, as well as to guarantee due process and access to a defense. However, as I mentioned before, we regret the lack of will of the State to comply with the recommendations made and release them immediately. Due to the foregoing, the Commission will continue to make use of all its mechanisms so that prisoners are released and receive justice and reparation.

In my capacity as rapporteur for Nicaragua, I will continue to accompany the women and men who are political prisoners today, through their families, friends, and their lawyers.

As Rapporteur for Indigenous Peoples, what is your assessment of the recent cancellation of the human rights organization for indigenous peoples and Afro-descendants CEJUDHCAN? What challenges exist in relation to the state obligation to respect the self-determination of these peoples in Nicaragua?

Without a doubt, the closure of this organization (CEJUDHCAN) has serious consequences for the protection of the traditional rights and territories of the peoples of the North Caribbean Coast of Nicaragua. In this regard, members of different communities have denounced the serious effects that the closure of this organization has for the protection of their rights, lands, and traditional territories in a context of systematic attacks by “settlers” (non-indigenous third-party invaders). It is worth remembering that the individual and collective rights of indigenous peoples, civil, political, economic, social, cultural, and environmental rights are closely linked to their own lands, territories, natural resources, social, cultural, and political institutions, and their self-determination.

In the report on the right to self-determination of indigenous and tribal peoples of the IACHR, reference is made to the fact that the different constitutive elements of self-determination such as political participation, consultation, and free, prior and informed consent, are part of commitments and States’ obligations under international instruments. This is one of the challenges that the States, including that of Nicaragua, have with respect to indigenous peoples and Afro-descendants.

On March 7, the United Nations High Commissioner affirmed that “the Indigenous Peoples of Nicaragua have continued to suffer violent attacks in the context of territorial disputes, most of them with total impunity.” Given this background: In what way do you think the IACHR could coordinate with the United Nations System to seek an improvement in the situation of lack of protection in which indigenous peoples live?

Since the beginning of the crisis, the IACHR has been working in coordination with the Office of the United Nations High Commissioner for Human Rights (OHCHR) to address serious human rights violations. Last year, given the intensification of the repression in the context of the elections, the IACHR also announced that they were reinforcing this work, as well as the intention to establish articulated strategies to provide timely responses to the situation observed in the country […]

On March 23, the former Nicaraguan ambassador to the OAS, Arturo McFields, denounced crimes against humanity committed by the Ortega regime against Nicaraguan citizens: How important is this complaint to the IACHR? Could it be taken as further evidence of the deterioration of the human rights situation?

The IACHR considers that the statements by Ambassador Arturo McFields confirm the serious human rights violations that are being committed in the country, the institutional deterioration, and the sharpening of the Executive’s strategy to silence dissenting and opposition voices […] It also demonstrates the persistence of a police state that, in coordination with government groups, attacks, monitors, threatens, and harasses any person identified as an opponent, and this, in this case, is reflected in the dismissal of Arturo McFields as Nicaraguan ambassador to the OAS .

What is your message for Nicaraguan citizens, particularly for the victims of state violence? What call do you make to the Government of Nicaragua? What is your message to the international community and other States in the region in the face of the deepening of the crisis?

Four years after the beginning of the human rights crisis, the IACHR reminds the victims, their relatives, and civil society organizations that it maintains its permanent commitment to continue working to achieve justice and reparation, the reconstruction of democracy, and ensure that national reconciliation arrives with memory and historical truth. From our role, we will tirelessly ensure that the protection of life and physical integrity of each person is guaranteed, as well as the freedom of expression of the Nicaraguan people.

Join Our Efforts

Help empower individuals and communities to achieve structural changes in Latin America.

Donate Contact Us