Before the IACHR: State of Nicaragua fails to comply with precautionary measures granted in favor of independent journalists

Before the IACHR: State of Nicaragua fails to comply with precautionary measures granted in favor of independent journalists

Within the framework of the 182nd regular period of sessions of the Inter-American Commission on Human Rights (IACHR), this Tuesday, December 14th, independent journalists—the beneficiaries of precautionary measures—and representatives of the International Institute on Race, Equality and Human Rights (Race and Equality) participated in a public hearing to expose the absolute failure to implement the measures awarded in favor of 49 members of the independent media Confidencial, Divergentes, Radio Darío and La Costeñísima. They also pointed out that the intimidating acts the beneficiaries have continued to be subjected to are part of the systematic patterns of repression of freedom of expression and the press that exist in Nicaragua.

Since 2018, the IACHR granted the first precautionary measures to the journalistic team of Confidencial and Radio Darío. Later, in 2019, measures were granted to the director of La Costeñísima Sergio Warren León (D.E.P.), his family and other members of the media; and recently, 6 months ago, the IACHR granted measures to the press officer of said Caribbean outlet, Kalua Salazar, and her family. Unfortunately, to date, the State of Nicaragua has not adopted any measure to protect the life and integrity of these people, has not removed any obstacles so that they can carry out their work risk-free, and has not investigated the facts that gave rise to the award of said measures or those that occurred later. On the contrary, it has taken actions against these measures, forcing the majority into exile.

For Divergentes’ photojournalist Carlos Herrera, “Nicaragua has become an openly hostile terrain, under constant threat, or a prison for those who practice independent journalism from within the country.”Faced with the danger of physical aggression, assault and confiscation of our assets and work instruments, the siege of the police and paramilitaries, and even the possibility of being arrested and criminalized for exercising his profession, Herrera decided to leave the country a few months ago.

On his part, the Director of Confidencial Carlos Fernando Chamorro denounced that he had been forced into exile again, and emphasized that since May of this year, the Public Ministry unleashed a new repressive wave against independent journalism. At least 45 journalists – among them, beneficiaries of precautionary measures – were subjected to hostile interrogations and were even threatened with opening investigative processes against them, under the Special Law on Cybercrimes.

Wilfredo Miranda, a journalist for the digital outlet Divergentes, who is in exile for the second time, warned that the beneficiaries who continue on the ground are victims of persecution and siege, acts of surveillance and intimidation both in their homes and of their relatives.

Aníbal Toruño, director of Radio Darío -outlet that suffered a fire in the context of the social protests of April 2018- denounced that, the day after the election on November 7th, the Radio facilities were besieged by motorcycles belonging to supporters of the regime, who detonated mortars with the aim of frightening and intimidating the workers who were at the facilities at that time.

Finally, the legal advisor of Race and Equality, María Luisa Gómez, pointed out that the workers of La Costeñísima continue to be exposed to a situation of very serious risk. In addition to the continuous threats and smear campaigns, police and parastatal agents regularly besiege the radio facilities and the homes of their workers …”

It should be noted that, in the middle of this year, the IACHR’s Office of the Special Rapporteur for Freedom of Expression warned that at least 65 Nicaraguan journalists were in an extreme situation of vulnerability and risk. 

At the hearing, Rapporteur Pedro Vaca, IACHR Special Rapporteur for Freedom of Expression, stated that, in the current “censorship regime” there are no guarantees for freedom of expression; However, “the reconstruction of the rule of law in Nicaragua involves guarantees of freedom of expression and the work of journalists, and … justice for the victims also involves the press, that document human rights violations”, Which is why one recognizes the importance of Nicaraguan journalism that, in adverse circumstances, “not only persists, but also with standards of quality and rigor.”

Petition

 The beneficiaries and their representatives asked the Commission to issue a follow-up resolution, urging the State to implement the measures granted, and to use the mechanism of petitions to examine the violations of the American Convention that the State has provoked.

They also asked that efforts to monitor, scrutinize and report the situation faced by the beneficiaries of the measures and the people of Nicaragua be intensified, and they urged the IACHR to require the State of Nicaragua to:

  1. Immediately cease any retaliation against the beneficiaries, journalism, and independent media, revoking the arrest warrants issued, refrain from issuing new ones.
  2. Release all people arbitrarily detained for political reasons, for exercising their right to express themselves and for supporting the work of the independent media.
  3. Take all necessary measures so that journalists who had to go into exile can return to the country with the due guarantees for their safety, life and physical integrity. Likewise, to refrain from imposing arbitrary impediments or obstacles to those who wish to leave Nicaragua.
  4. Repeal legislation that restricts freedom of expression and the press, as well as international cooperation towards independent journalism.

Nicaragua: UN High Commissioner for Human Rights calls on the Human Rights Council to take all measures within its power to promote accountability for serious violations 

Washington DC, December 15, 2021.- In compliance with Resolution 46/2 of the Human Rights Council on Nicaragua, the Deputy High Commissioner of the United Nations Office for Human Rights, Nada Al-Nashif called again for the Government of Nicaragua to commit itself to the mechanisms for the protection of human rights of the United Nations system in order to urgently restore the rights and public liberties that have been severed. She highlighted the essential role of the Human Rights Council, through which the international community can help “restore the rule of law and democratic institutions” in the country.  

In her statement, Al-Nashif again called on the Human Rights Council to consider “all the measures at its disposal to promote accountability, search for the truth and comprehensive reparation to the victims for the serious violations that have occurred since 2018.”  She warned of the alarming deterioration of civil and political rights in the electoral context, which caused Nicaragua to lose the opportunity to take “a step forward towards a peaceful and democratic solution to the political, social and human rights crisis that has affected the country since 2018” and initiate a process of opening spaces and progress towards accountability and reparation for the victims of human rights violations.  

The presidential votes held on November 7, took place in a repressive environment, without the minimum guarantees of legitimacy required to be referred to as “elections.” Between May and October 2021, the Office of the United Nations High Commissioner for Human Rights (OHCHR) documented the cancellation of the legal status of three political parties and 45 civil society organizations, and the arrest of at least 39 political leaders, human rights defenders, businessmen, journalists, and peasant and student leaders; among them, 7 people who publicly expressed their will to run for the Presidency of Nicaragua. 

Days before, during and after the voting, the OHCHR documented the arrest of 10 political activists and journalists. Eight of these people remain under arrest and held uncommunicated while facing “ambiguous criminal charges.”  This shows a pattern of human rights violations and abuses that state authorities have followed.  

Al-Nashif demanded the release and restitution of the civil and political rights of all those arbitrarily detained, an end to the harassment and criminalization of political opponents, journalists, lawyers and human rights defenders; and, again, insisted that the OHCHR and other human rights mechanisms be granted the necessary access to the country to duly fulfill their mandates.  

More than 50 countries concerned about Nicaragua 

 In a joint statement presented by Chile, more than 50 countries expressed solidarity with the Nicaraguan people and made an urgent call to the State to immediately release all political prisoners, cease politically motivated detentions and repressive actions against the media and minorities. They also asked the Council to take “any concrete measure in order to support the efforts of the Nicaraguan people to restore democracy and the rule of law in their country.” 

 Finland on behalf of the Nordic Baltic countries (Denmark, Estonia, Finland, Iceland, Latvia, Lithuania, Norway and Sweden), Peru, Spain, the United States, Ukraine, Switzerland, Colombia, the Czech Republic and other countries called on the Government to resume cooperation with the Office of the United Nations High Commissioner for Human Rights (OHCHR), as well as with regional human rights mechanisms.  

Human rights organizations call for a #MechanismForNicaragua 

Race and Equality, Human Rights Watch, Civicus, International Human Rights Network, Center for Justice and International Law, International Service for Human Rights, Center for Civil and Political Rights, among other human rights organizations, urged the Council to establish an international investigation and accountability mechanism at its 49th session, scheduled for March 2022.  

Race and Equality and the International Service for Human Rights, on behalf of Lizeth Dávila – members of the Association of Mothers of April (AMA) and mother of Álvaro Conrado Davila, the first adolescent killed in the context of the social protests of 2018, urges the Council to create this mechanism, made up of one or more independent experts, to verify the serious human rights violations documented, preserve the evidence, identify the culprits, and lay the foundations for a justice process in my country.  

“We need justice, we need accountability, for ourselves, for our children and for the people of Nicaragua”, exclaimed Dávila. 

This call from civil society for the establishment of an independent mechanism for investigation and accountability is based on the apparent unwillingness of the State of Nicaragua to cooperate with the mechanisms of human rights protection and the lack of implementation of recommendations after more than three years of scrutiny by the Human Rights Council. This refusal has been accompanied by a continuous and rapid deterioration, where repression has continued and where despite extensive documentation, Nicaragua still does not recognize any responsibility for serious violations that have occurred since 2018. 

Nicaragua needs a strong response from the international community that sends a clear message to combat impunity, that lays the foundations for a future justice process and helps identify the structural changes that Nicaragua needs to overcome this crisis. 

 

 

 

 

Trans Day of Remembrance: An urgent call to combat transphobia in Latin America

Washington D.C., November 20, 2021. As we commemorate another year of International Transgender Day of Remembrance, the Institute on Race, Equality and Human Rights (Race and Equality) wishes to draw the attention of States and the international community to the chilling numbers of murders of transgender people in the Americas – a reality that unfortunately places the region once more at the top of the list of most homicides worldwide. At the same time, Race and Equality wants to urge governments to prioritize issues of violence and discrimination against gender-diverse people and to adopt swift actions to combat transphobia.

On November 11, TGEU’s Transrespect versus Transphobia Worldwide (TvT) research project published its annual Trans Murder Monitoring (TMM) report, released every year on the eve of November 20, International Transgender Day of Remembrance. According to the data, between October 1, 2020, and September 30, 2021 there were 375 murders of trans people worldwide, of which 311 occurred between Mexico, Central and South America. Globally, the total represents a 7% increase from the previous report (October 2019 – September 2020).

Transphobic tragedy

In Latin America, Brazil continues to be the country with the highest number of murders against transgender people, followed by Mexico (65), Honduras (53) and Colombia (25)*. Regarding global figures, the TMM report highlights that 96% of the murdered persons were transgender women or transgender feminine persons, and 58% were transgender sex workers. This is a pattern that has been corroborated in the region by reports published by LGBTI+ organizations.

“The data indicates a worrying trend regarding the intersections between misogyny, racism, xenophobia and hatred towards sex workers, with the majority of victims being black and colored transgender women, migrants and sex workers,” warns TMM, which also alerts that these numbers are only a small sample of the reality, since many murders remain unreported, or are misidentified.

Lives taken away

Brazil, which represents 41% of the global murders against transgender people, also commemorates on this day the National Day of Black Consciousness. Therefore, November 20 represents a date among human rights organizations in the country – especially those working in the defense of the trans population and the black population – to honor both populations and coincides in the intersection of their vulnerabilities in the midst of a transphobic and racist society.

Brazil began 2021 with the brutal murder of a transgender teenager. In the early morning of January 4, Keron Ravach was stabbed and beaten to death by a 17-year-old who was identified and arrested as the perpetrator of the hate crime. The young woman, who was going through a gender transition process, was defined by her friends as a shy person, but who at the same time dreamed of being a social media influencer. According to the TMM report, the average age of trans people murdered in the last year is 30 years old, with Keron being the youngest of all victims, at just 13 years old.

Indolence and Impunity

In most cases of murdered transgender persons there is a history of violence and threats, but these are often ignored by the authorities or are not dealt with in a timely manner. As such, when the murder occurs, there is insufficient information to identify the person or persons responsible. This issue has been expressed by organizations who promote and defend the rights of the LGBTI+ population and was manifested in the murder of Gina Rodríguez Sinuiri on September 21, in Callao, Peru.

Gina, 28, was stabbed several times in a hotel room in the city. Although immediately taken to a hospital, she was pronounced dead 18 hours later. The suspect is a man who regularly solicited the services of transgender sex workers and contacted them through his social networks using different names. According to her companions, it was not the first time the man contacted Gina. In addition, Agencia Presentes, which is in charge of making visible the situation of the LGBTI+ population in Latin America and the Caribbean-collected statements from Gina’s partners, in which they pointed out that on several occasions they have approached the Peruvian National Police to report acts of violence against them but are always ignored.

On top of the authorities’ lack of action there is the fact that Peru does not have a Gender Identity Law, which means that transgender people cannot carry out procedures with their social name, and this exposes them to discrimination and mockery in various sectors of society. “We denounce to the authorities and the police, but they do not pay attention to us, and that is what makes us frustrated and angry. We have families, we are human beings with feelings. Every time we file a complaint, when we turn around, they put it away. The worst thing is that they laugh and throw us out,” said a colleague of Gina on that occasion.

Dying in Invisibility

Although the murders of transgender people are generally silenced, when addressing this issue reference is usually made only to transgender women, because statistics show that they are the main victims, which is undoubtedly a reality. However, transgender men are also the focus of violence and discrimination due to transphobia and, as in the case of trans women, this can become deadly for them. One such example is the case of Samuel Edmund Damian Valentin, a young transgender man who was shot and killed on January 9 in Trujillo Alto, Puerto Rico.

Samuel Edmund was a student at Atlantic University College, in Guaynabo. On January 1 he had written on his Facebook page, “a new year to come, grateful for all the experiences that [taught me] how strong we really are, to life, to good and evil and for all the justice that is to come.”

“About transgender men and invisibilization in the public sphere, the truth is that it is the violence we suffer the most. Everyday life is designed for cis-gender men; we cannot be guaranteed public health issues in a dignified and efficient way for us. It is important that our identities are named, that trans men or transmasculine people get pregnant. What is not named does not exist. If we exist in the spaces, let us exist in the word”, says Danilo Donato, transmasculine activist and member of the GAAT Foundation in Colombia. According to the record of this organization on death of trans people, so far this year 2021 in the country 32 have been killed to date, while 8 have died from complications arising from surgeries and handmade interventions and barriers to access to rights.

Hate at its maximum expression

Kendra Contreras, known as “Lala”, was a 22-year-old transgender woman who lived in the town of Somotillo, in western Nicaragua. Those who knew Lala say that she was a young dreamer, hard-working, with a desire to better herself and who wanted her gender identity to be respected. Sadly, on March 3, 2021, two men ended her life in an atrocious way; they tied her to a horse and let it drag her twice for at least 400 meters and then stoned her. This is the ultimate expression of hatred towards women, bodies and diverse identities in a highly macho society, such as the Nicaraguan one.

Unfortunately, that was not the only time they killed Lala, as they do it every time they disrespect her gender identity and call her by her “first name” when they refer to her as “man” in news reports. Many media outlets fail to properly handle these cases by focusing on information and prejudices that generate morbidity and revictimize the victims of transphobia and gender violence.

Urgent appeal

Every year, Race and Equality takes advantage of this date to remind countries of their obligation to respect and guarantee the rights of all people without any kind of discrimination. Regarding the situation of violence and murders against trans people, we make the following recommendations:

  • Monitor and publicly sanction transphobic speeches that often slip into the media and incur in calls for discrimination and violence against the trans population.
  • Adopt the necessary laws and policies to guarantee the recognition, respect and inclusion of people with diverse sexual orientation and gender identity.
  • Establish special mechanisms to respond to acts of violence and murders against LGBI and trans persons, which lead to the clarification of the facts and the punishment of those responsible, as well as the establishment of guarantees of non-repetition.
  • Collect data on acts of violence and murders against trans persons, disaggregated by specific gender identity and ethnic-racial identity.
  • Promote through the institutions and official channels a campaign to educate and sensitize the population on sexual orientation and gender identity, with a view to generating a context of recognition and respect for the integrity and life of LGBI and trans persons.

*In the case of Colombia, the Foundation Grupo de Acción y Apoyo a Personas con Experiencia de Vida Trans (GAAT) recorded 32 murders of transgender people so far in 2021.

Nicaragua: Campaign for an UN investigative and accountability mechanism

We believe in an open, equal and democratic Nicaragua where the human rights of all people, truth and justice are guaranteed. This is not currently possible in Nicaragua. Since April 2018, the government has criminalised, arbitrarily detained, tortured and even killed those who promote human rights and those who question its way of governing. While reaching a peak in the runup to yesterday’s sham electoral process, its repressive policies are likely to persist over time, while the structural causes behind the country’s human rights crisis remain deeply rooted. 

It is time for the United Nations to respond forcefully and create an international mechanism that ensures justice and accountability for Nicaragua people. This is why ISHR and Race and Equality as part of the Colectivo 46/2 – a coalition of international, regional and Nicaraguan NGOs – have launched a global call for a UN investigative and accountability mechanism for Nicaragua to be created by the UN Human Rights Council at its upcoming March 2022 session.

How has the UN responded so far?

Last March, the Human Rights Council adopted resolution 46/2, its third resolution on the human rights situation in Nicaragua, urging the Government to take a series of urgent measures to revert course on the country’s multi-pronged crisis. These range from freeing those arbitrarily detained and repealing restrictive laws, to protecting women and indigenous communities, and cooperating with the international community.

Since its adoption, we have sought to provide objective monitoring of government action – and inaction – to implement the resolution’s 14 recommendations, based on public information from the UN and Inter-American systems.

We launch today our second Evaluation Benchmark of Nicaragua’s implementation of resolution 46/2. Based on these assessments, we conclude that:

  • The government of Nicaragua has taken no substantial, nor initial steps to implement any of the recommendations from resolution 46/2;

  • The government has taken a significant number of actions contrary to the recommendations, resulting in a closed civil society space and an increase in attacks on human rights defenders, journalists, presidential candidates, and dissidents.

Additionally, the Nicaraguan Government has not signaled any intention to resume meaningful cooperation with the international community, since it expelled the UN and Inter-American Commission on Human Rights (IACHR)’s human rights presence from the country in December 2018. During dedicated Human Rights Council meetings, it avoided addressing any substantial concern, instead rejecting all criticism as ‘interventionist and supremacist.’ In September, the Government failed to fulfill its human rights treaty obligations, by attending in ‘listening mode’ a review by the Committee on Economic, Social and Cultural Rights (CESCR) without responding to any questions, despite the ‘numerous extraordinary events that deserved to be addressed’.

What should the international community do?

Given the scale and gravity of  rights violations being committed, and the Government’s protracted lack of willingness to address the crisis nor to cooperate with the UN, it is time the UN – through its Human Rights Council – appoints a group of independent international experts to inquire into the situation. In its last paragraph, resolution 46/2 called on the Council to ‘consider all measures available to strengthen the promotion and protection of human rights in Nicaragua’ – a call since reiterated by High Commissioner Bachelet.

The UN Human Rights Council should establish an international accountability mechanism for Nicaragua when it will consider its annual resolution on the country at its upcoming March 2022 session.

This mechanism should be adequately staffed and resourced, and mandated to investigate grave human rights violations taking place since April 2018, as well as its root causes; and to collect and preserve evidence with a view to ensuring that perpetrators of violations or abuses of international human rights law are held accountable.

On 14 December, High Commissioner Michelle Bachelet, as mandated by resolution 46/2, will present an oral update to the Human Rights Council on the “post-electoral” context in Nicaragua. We call on all States to ensure a strong joint position building on past cross-regional joint statements, to express deep concern over grave violations in the country and indicate support for the creation of a UN-mandated accountability mechanism at the 49th session of the Human Rights Council.

What can you do?

Managua, Nicaragua. 30/03/2019. Oscar Navarrete/ LA PRENSA.

 

Nicaragua needs justice and truth to get out of this crisis and recover as a society. Share our campaign  and raise awareness with a journalist you know, your peers, or on social media, with the hashtags #MecanismoParaNicaragua and #SOSNicaragua.

 

Let us not forget Nicaragua!

This Sunday, November 7, 2021, Daniel Ortega Saavedra will secure a fourth consecutive term as president of Nicaragua in an electoral process “tailor-made” and give him and his wife, Vice-President Rosario Murillo, another five years in power. Now, more than ever, the international community must not forget about the people of Nicaragua and must reject the validity of a government being imposed onto the Nicaraguan people, without any minimum safeguards to consider it “democratically elected”.

Nicaragua’s democracy began its progressive deterioration many years ago, with the pact between former President Arnoldo Alemán and Daniel Ortega. The social unrest in April 2018 and the repressive response by state authorities and paramilitary forces – which escalated to lethal levels – caused a deterioration of the rule of law where the Executive co-opted all other state powers and institutions. Subsequently, the crisis deepened further as a consequence of the closing of spaces of participation and dialogue, censorship and the increasing violations of citizens’ human rights in the electoral context. With Sunday’s elections, Nicaraguan democracy will finally erode.

November 7 will be a somber day for the people of Nicaragua, who have been in mourning for more than three years and longed for free elections to begin a process of democratic transition and guarantees for truth and justice without impunity, full reparation and non-repetition. Unfortunately, there are no signs of a swift improvement to the situation in the country. Everything points to the fact that a government which systematically violates human rights will continue in power.

Therefore, it is time to dispell any remaining suggestion that Sunday’s voting represents anything but Ortega and Murillo’s Democratic facade. It is urgent that the international community, multilateral organizations and international human rights organizations use all the resources at their disposal to prevent human rights violations to continue, particularly against people who are identified as opponents of the regime.

To contribute to this point, Race and Equality shares the following update on the grave human rights situation in Nicaragua.

Political prisoners – According to the most recent report of the Inter-American Commission on Human Rights (IACHR), since the beginning of the socio-political crisis in 2018 more than 1,614 people have been arbitrarily deprived of their liberty and 149 people remain imprisoned for having participated in protests in opposition to the Ortega government.

Since May of 2021, the National Police, supported by the Public Prosecutor’s Office, unleashed a wave of arrests aimed at criminalizing at least 39 people – including seven presidential candidates, human rights defenders, non-governmental organization workers, journalists, businessmen, peasant and student leaders and other dissident voices. The most recent arrests were carried out against the President and First Vice President of the Superior Council of Private Enterprise (COSEP), Michael Healy and Álvaro Vargas, respectively, on October 21.

In most of these cases, a group of legislation passed in 2020 has been applied, which have been highly criticized by the international community because they fail to comply with the country’s human rights obligations and cause a perverse effect on the administration of justice, selectively criminalizing the opposition. These include the Foreign Agents Law (Ley de Agentes Extranjeros), the Law for the Defense of the People’s Rights to Independence (Ley de Defensa de los Derechos del Pueblo a la Independencia), the Special Law on Cyber Crimes (Ley Especial de Ciberdelitos), the Anti-Money Laundering Law (Ley contra el Lavado de Activos) and the Reform to the Criminal Procedural Code Law 1060, which expands the term of detention to 90 days, without minimum guarantees of due process.

As families of political prisoners, local and international organizations, we denounced violations of due process and detentions without communication. Many victims were in a situation of “forced disappearance” until August 31, when state authorities finally allowed the first family visits at the Judicial Assistance Directorate (Dirección de Auxilio Judicial). More recently, on October 11, a second visit was allowed, through which the families of the detainees observed aggravated conditions of detention, such as isolation and being kept in the dark or under permanent electric light, continuous weight loss and lack of adequate medical attention.

Deprivation of liberty for political reasons must be eliminated from Latin America, and Nicaragua is no exception. For Race and Equality, one political prisoner is too many and we will not rest in our demand for freedom. Given the perpetuation in power of the Ortega Murillo family, 2022 will be a key year to advocate before international bodies and mechanisms to urge the regime to release all those people who are now in jail unjustly and to immediately cease all forms of repression against those who oppose 

Freedom of expression and freedom of the press – During the last three years, attacks against the media, journalists and media executives have not ceased. The independent press in Nicaragua has been the victim of harassment, threats, smear campaigns, judicial harassment, theft of equipment, withholding of paper and ink, raids, immigration detention and deprivation of liberty of journalists, commentators and media executives.

Since May 2021, in the framework of the administrative and criminal investigations against the Violeta Barrios de Chamorro Foundation – one of the main organizations dedicated to the defense of freedom of the press in the country, which had ceased to operate in February 2021 – more than 25 journalists and media workers were summoned to testify before the Public Prosecutor’s Office, and some were threatened with the application of the Special Law on Cybercrime. Likewise, arrest warrants were issued against some of their workers, as in the case of the defender Guillermo Medrano and journalist Lourdes Arróliga. This situation has forced at least 40 journalists into exile.

The pattern established by the Nicaraguan authorities of preventing the entry and expulsion of journalists from international media interested in reporting on the human rights crisis, and more recently on the electoral process is of deep concern. All of the above, coupled with the Supreme Electoral Council’s refusal to accredit journalists and independent media outlets is further evidence that Ortega and Murillo intend to undermine freedom of expression and freedom of the press.

Repression against indigenous and Afro-descendant peoples – The Indigenous and Afro-descendant peoples of Nicaragua’s Caribbean Coast have been targeted by armed groups since 2015. The number of fatalities and systematic violence has increased considerably this year.

On August 23, “settlers” executed a massacre in the Kiwakumbaih hill of the Mayangna Sauni As territory, in the North Caribbean of Nicaragua, where at least 9 Mayagna and Miskitu indigenous people were killed, including women and children. Forty-one days later, on October 4, invaders kidnapped and murdered Mayangna Martiniano Macario in Kimawkas (known as Tigre Negro), within the Mayangna Sauni As territory.

After these events, the pro-government media blamed members of the indigenous peoples for the growing violence and deforestation of the Bosawás Biosphere Reserve. Likewise, they tried to disqualify recognized organizations defending the rights of indigenous peoples such as the Center for Justice and Human Rights of the Atlantic Coast of Nicaragua (CEJUDHCAN), the Center for Legal Assistance to Indigenous Peoples (CALPI) or the River Foundation, calling them “organizations aligned with the political opposition” and claiming that indigenous leaders do not feel represented by them. Recognizing the violence suffered by indigenous peoples, the Inter-American Court of Human Rights (IACHR) extended the provisional measures granted to 9 Miskitu communities.

Race and Equality recognizes the invaluable work of organizations and defenders working on the ground, and of those who have been forced into exile but continue to advocate for Nicaragua’s indigenous peoples’ rights. We must not remain indifferent in the face of discrimination, assassinations and dispossession of indigenous lands. The government must guarantee security in the face of the invasions and the regulation of titled territories; likewise, the armed groups must be dismantled, dismantled and brought to justice.

Nicaragua at the UN – Despite the fact that the United Nations Human Rights Council has followed the situation in Nicaragua for three consecutive years and has adopted three resolutions to promote and protect human rights in the country, the Nicaraguan government has shown no willingness to overcome the serious human rights crisis. 

In accordance with Resolution 46/2, on September 13, High Commissioner Michelle Bachelet gave an oral update on Nicaragua in which she lamented the deterioration of civil and political rights in the electoral context, and urged the Human Rights Council to consider all measures within its power to protect human rights in the country. To date, the regime has not complied with any of the recommendations made by the High Commissioner.

In addition, on October 7 and 8, the State of Nicaragua was summoned to a dialogue with the Committee on Economic, Social and Cultural Rights (ESCR) to review the implementation of the Covenant on Economic, Social and Cultural Rights. The Nicaraguan representative chose to participate in a “listening capacity”, refusing to engage in a constructive exchange with the expert members. Despite the State’s lack of cooperation, the Committee published its concluding observations and concerns on October 20.

The Committee on Economic, Social and Cultural Rights considered persecution and reprisals against human rights defenders, violence against indigenous peoples and the lack of access to information on the COVID-19 pandemic to be of particular priority; and made recommendations related to guaranteeing the impartiality and independence of the Judiciary and the Human Rights Ombudsman’s Office, reestablishing international dialogue and cooperation with human rights protection mechanisms, and providing effective protection to victims of corruption cases, among others.

Nicaragua in the Inter-American Human Rights System – The Inter-American Court has also pronounced itself on the extreme gravity of the current context in the country. The Court ordered the immediate release of 21 persons arbitrarily detained in the current wave of repression In the framework of the provisional measures granted in favor of them. Likewise, this Court has repeatedly expressed its willingness to carry out an on-site visit to Nicaragua with the objective of verifying the conditions in which the detainees are being held. However, the State has not given its consent.

For Race and Equality, the Ortega regime has not shown the slightest willingness to cooperate “in good faith” with the United Nations, nor with the Inter-American Human Rights System. Far from this, it insists on remaining absolutely closed to international scrutiny and has tried to disqualify their work by accusing them of being “repressive” and “interfering”. Faced with this negative stance of the Nicaraguan State, it is essential that human rights organizations continue to carry out the excellent work of monitoring, documenting and denouncing human rights violations that they have done so far.

In view of the next session of the Human Rights Council in March 2022, we request that the monitoring mandate of High Commissioner Michelle Bachelet be renewed and that an investigation and accountability mechanism be established for Nicaragua. This mechanism should investigate the grave human rights violations that we civil society organizations have documented since April 2018, as well as the structural causes that have caused Nicaragua to remain immersed in this crisis. This mechanism would allow the mandate to verify the facts, identify perpetrators, and preserve evidence for when the conditions for a justice process in Nicaragua are in place. It is a key tool in the fight against impunity and we will strongly support its establishment.

The Nicaraguan people deserve justice and freedom. Let us not forget Nicaragua!

UN High Commissioner: The Nicaraguan government must guarantee full civil and political rights for all

Washington, D.C. September 13, 2021. United Nations High Commissioner for Human Rights Michelle Bachelet presented her second oral update on the human rights situation in Nicaragua before the UN Human Rights Council (UNHRC) on Monday, September 13. In her update, Bachelet lamented the deterioration of civil and political rights in the context of Nicaragua’s general elections, referring to multiple arbitrary detentions carried out since May 2021. Several of these detentions, particularly the detentions of women, contain elements of isolation, lack of communication with the outside world, and lack of due process, raising questions of torture and other mistreatment.

Bachelet also stated that resolving Nicaragua’s human rights crisis will require participation from all sectors of society. In describing the repression surrounding the upcoming elections, she explained:

“Nicaraguans should be able to exercise their right to vote without intimidation, violence, or administrative interference. Those who wish to do so should be able to freely present their candidacies…It is also essential that the media be able to cover the electoral campaigns of all candidates…None of this is happening in Nicaragua.”

Since May 28 of this year, the Office of the UN High Commissioner for Human Rights (OHCHR) has documented arbitrary detentions and prosecutions of more than 30 people, including human rights defenders, business leaders, campesino activists, student leaders, and six possible presidential candidates.

Meanwhile, the OHCHR has reported an intensification of attacks against freedom of the press, restrictions on freedom of association, increased violence against indigenous peoples in the Caribbean Coast region, and a lack of official public information about the numbers of COVID-19 deaths and cases.

According to the OHCHR, at least 12 journalists and other media workers have fled the country as a result of arrests, police harassment, and threats by the Public Ministry and police. The OHCHR has also highlighted the police raids, confiscations, and arbitrary detentions used by public forces against the independent newspaper Diario La Prensa.

Bachelet reminded the Council that the Nicaraguan National Assembly has canceled the legal registrations of 45 NGOs, including international organizations, women’s rights groups, and medical organizations that questioned the government’s COVID-19 response.

Bachelet also emphasized that on August 23, at least nine indigenous Nicaraguans were killed in an attack related to land disputes in the Sauni As indigenous territory, located in the Northern Caribbean Coast Autonomous Region. She stated that “homicides and aggressions related to territorial disputes registered in the same area since January 2020 remain unpunished.”

Bachelet insisted that it is the Nicaraguan government’s duty to guarantee the full exercise of its citizens’ civil and political rights; end repression against the political opposition, the press, and civil society; and immediately liberate the 130 people who have been detained since Nicaragua’s crisis began in April 2018.

Finally, Bachelet called on the Council to consider all measures at its disposal to protect and promote human rights in Nicaragua, pledging her Office’s resources to assist these efforts.

Statement

The International Institute on Race, Equality and Human Rights (Race and Equality) joins High Commissioner Michelle Bachelet in calling upon the UN Human Rights Council (UNHRC) to redouble its efforts to address Nicaragua’s human rights crisis.

In particular, we support her calls for the government of Nicaragua to implement the recommendations issued in Human Rights Council Resolution 46/2. These recommendations mark the best path for Nicaragua to ensure justice and reparations for victims of human rights violations. Our independent framework to monitor the implementation of Resolution 46/2, however, indicates that the government has failed to comply with any of its recommendations.

We also call upon the government to end its repression of human rights defenders, journalists, and members of the political opposition; to release all those imprisoned for political reasons; to implement the recommendations issued by the OHCHR, the UNHRC, the United Nations Special Procedures, and the Inter-American Commission on Human Rights; and to comply with the decisions of the Inter-American Court on Human Rights.

We urge Nicaraguan civil society, the media, and the entire international community to join forces to continue monitoring, documenting, and condemning human rights violations in Nicaragua.

For more information about the human rights situation in Nicaragua, please contact Race and Equality’s Legal Advisor, Tania Agosti (Agosti@RaceandEquality.org)

International community called on to unite in defending freedom of expression, press freedom in Nicaragua

In the face of escalating repression and the systematic persecution of the independent press and dissident voices, we the undersigned organizations, call on the international community to speak up in defense of press freedom and freedom of expression in Nicaragua, to condemn the ongoing violations of these rights, and to appeal for the restoration of conditions to allow free, fair and transparent elections to take place. In addition, we call on the Nicaraguan authorities to respect the right to freedom of expression and to provide guarantees for press freedom.

Recent incidents that have taken place in the country are as follows:

August 12 marked the circulation of the last print edition of La Prensa, Nicaragua’s oldest newspaper in Nicaragua. For years, La Prensa has been allowed a tax exemption for imported paper and other supplies necessary for the newspaper to operate. This exemption is guaranteed in the Nicaraguan Constitution. However, the Nicaraguan Customs Authority (DGA) has recently refused to grant these tax exemptions, even though the exemption request was processed on July 26, 2021. For the same reason, one day earlier, the newspaper Hoy, another of La Prensa‘s editorial products, was forced to stop circulating its print editions. The DGA’s refusal to grant this exemption violates Nicaragua’s Constitution[1] and the law that establishes that the request must be resolved within a maximum period of 10 days.

In addition, on August 13, one day after La Prensa stopped its print circulation, police officers entered the newspaper’s facilities, raiding its offices and printing press, and confiscated boxes of documents, computers and other property belonging to the media outlet without a legal warrant. Upon entering the facilities, the police cut off internet service and refused to allow anyone inside to use their cell phones. Staffers and anyone inside the facilities at the time were held for over 12 hours while the raid took place.

Hours later, the Nicaraguan National Police issued a statement saying that the State was initiating an investigation against the La Prensa editorial group and its directors “for crimes of customs fraud and money laundering and assets to the detriment of the State of Nicaragua and Nicaraguan society.”

On the morning of August 14, police officers took La Prensa’s general manager, Juan Lorenzo Holmann Chamorro, to the offices of the Judicial Assistance Directorate (Auxilio Judicial), allegedly to sign documents. Subsequently, on August 16, the Public Ministry announced, via a press release, that Holmann had been arrested and would be held in prison for 90 days in connection with the investigation into the media outlet. As of today, the La Prensa facilities remain under the control of heavily armed police officers who are not allowing journalists or other staffers to enter.

The recent events involving La Prensa are just part of a series of attacks and acts of intimidation  by the Nicaraguan government against the press and critical voices. More than 30 journalists have been summoned for questioning by the Public Prosecutor’s Office in connection with a criminal investigative  process initiated in May against the Violeta Barrios de Chamorro Foundation based on allegations of money laundering. During questioning, officials have threatened journalists with potential prosecution under the Special Cybercrimes Law related to information they have published. These actions demonstrate a clear pattern of using the judicial system to threaten the press and critical voices.

In recent months, authorities have opened judicial processes against individuals critical of the government and political opposition leaders, several of whom are currently being investigated for alleged treason under Law 1055, the Law for the Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace. To date, 33 individuals have been detained for exercising their right to dissent and labeled “opponents of the government,” including sports journalist Miguel Mendoza and political commentator Jaime Arellano. Several dozen other journalists have been forced into exile or displaced within Nicaragua displacement to avoid potential criminal charges or unjust imprisonment.

It is clear that these events constitute harassment of the press and blatantly inhibit journalists from doing their jobs at a moment when their work is crucial. In these months leading up to scheduled national elections, respect for democracy, human rights and civil liberties is vitally important.

The Nicaraguan government’s actions contravene the Declaration of Chapultepec, as well as the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights (notably Article 13), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (specifically Article 19). Additionally, Principle 5 of the Inter-American Commission on Human Rights’ Declaration of Principles on Freedom of Expression states: “Prior censorship, direct or indirect interference in or pressure exerted upon any expression, opinion or information transmitted through any means of oral, written, artistic, visual or electronic communication must be prohibited by law. Restrictions on the free circulation of ideas and opinions, as well as the arbitrary imposition of information and the imposition of obstacles to the free flow of information violate the right to freedom of expression.”

As organizations dedicated to defending and promoting freedom of expression and press freedom:

  1. We call on the member countries of the Organization of American States (OAS) and authorities across the international community to publicly condemn the ongoing violations of freedom of expression and press freedom taking place in Nicaragua; and call on their governments to urge Nicaraguan authorities to guarantee adequate conditions for free, fair and transparent elections to take place. In addition, we urge the Nicaraguan authorities to ensure the safety and protection of all those who exercise their rights to freedom of expression and freedom of association, including any individuals who have been detained, charged or summoned to appear before judicial authorities.
  2. We urge the Inter-American Commission on Human Rights and the Office of the United Nations High Commissioner for Human Rights to reiterate their request that the Nicaraguan government allow their representatives to visit to the country in order to verify the current situation of human rights and freedom of expression situation in the wake of a deterioration of these conditions from May to August 2021.
  3. We call on the human rights mechanisms of the OAS and UN to undertake a coordinated response to the ongoing human rights crisis in Nicaragua.
  4. We demand that the Nicaraguan Public Prosecutor’s Office halt all aggressive actions, harassment and prosecutions of independent media outlets and journalists.
  5. We insist that Nicaraguan customs authorities release to La Prensa the printing materials that remain in their possession, in compliance with their legal obligations.
  6. We call for the immediate release of the three imprisoned La Prensa executives: Cristiana Chamorro, Pedro Joaquín Chamorro and Juan Lorenzo Holmann, as well as the presidential candidate and journalist Miguel Mora, sports journalist Miguel Mendoza, political commentator Jaime Arellano and all other political prisoners who remain arbitrarily detained in Nicaragua’s prisons.
  7. We urge the Nicaraguan government to comply with its international commitments to guarantee the right of journalists to work freely and safely in order to provide reliable information on issues of public interest and ensure the right of citizens to access information.

Signatories,

AMARC-ALC

Committee to Protect Journalists (CPJ)

IFEX-ALC

PEN International

The International Institute on Race, Equality and Human Rights

Voces del Sur

[1] The importation of paper, machinery, equipment and spare parts for print media outlets, radio and television stations, along with the importation, circulation and sale of books, magazines, brochures, school and scientific teaching materials, daily newspapers and other publications shall be exempt from all types of municipal, regional and fiscal levies. Tax laws shall regulate these matters. Public, corporate and private media outlets will not be subjected to prior censorship. The printing press or its accessories, or any other means or equipment intended for dissemination of thought, shall under no circumstances be confiscated as instruments or evidence of crimes.

Human rights organizations assess the implementation of United Nations resolution on Nicaragua

Washington, D.C.; August 11, 2021. Thirteen human rights organizations joined forces to evaluate the implementation of Resolution 46/2, passed by the UN Human Rights Council on March 23, 2021 to address the human rights situation in Nicaragua.

The resolution strengthens the mandate of UN High Commissioner for Human Rights Michelle Bachelet to address the situation in Nicaragua and mandates her to present two oral updates to the Human Rights Council in its June and September 2021 sessions, a separate oral update by the end of the year focusing specifically on the November 7 presidential elections, and an exhaustive report in its March 2022 session.

The resolution also makes a series of recommendations to the Nicaraguan government regarding the situation of human rights defenders; freedoms of expression and association; arbitrary detentions; sexual and gender-based violence; the rights of indigenous peoples; the rights to health, education, and work; free and fair elections that include international observers; and the return of international human rights protection mechanisms to the country.

On June 22, during her oral update to the Human Rights Council, Michelle Bachelet expressed concern at the accelerating human rights deterioration in the country, stressing that this decline “makes it unlikely that Nicaraguans will be able to fully exercise their political rights in the elections on 7 November.”

Following this, the thirteen rights groups developed a first evaluation benchmark for resolution 46/2 that measures the implementation of the 14 UN recommendations. Basing themselves on public information from the United Nations, the Inter-American human rights system, and independent civil society and journalists reporting, the organizations assessed the government’s actions against a series of objective indicators. Based on this study, the organizations have concluded that:

  • The government of Nicaragua has taken no action to implement the recommendations from resolution 46/2, with the exception of the release of human rights defender Celia Cruz on April 25. Yet, despite her liberation, Celia’s legal situation remains uncertain, as the Supreme Court of Justice upheld her 13-years prison sentence.
  • The government has taken no initial steps nor adopted any of the timeline requested in the resolution, such as the adoption of an implementation action plan or the call to adopt electoral reforms by May 2021. The government has instead rejected any criticism as “interventionist and supremacist.”
  • The government has also taken actions contrary to the recommendations, resulting in a drastic reduction of civil society space and an increase in attacks on human rights defenders, journalists, presidential candidates, and dissidents.

Statement

The signatories urge the government of Nicaragua to put an immediate end to the ongoing depression; release all political prisoners; and adopt all necessary measures to ensure free, fair, and transparent elections.

The organizations call on the international community to continue monitoring, documenting, and expressing collective concern on the grave human rights situation facing the people of Nicaragua.

Finally, the signatories encourage the international community, national and international press, and civil society to join forces using the hashtags #SOSNicaragua and #NicaraguaattheUN to disseminate this assessment, and shed light on ongoing human rights violations in Nicaragua.

Race and Equality launches the report “Nicaragua, an unsolved human rights crisis: Analysis of arbitrary detentions, judicial processes without guarantees, and political persecution”

On July 7, 2021, the International Institute on Race, Equality and Human Rights (Race and Equality) published a report titled “Nicaragua, an unsolved human rights crisis: Analysis of arbitrary detentions, judicial processes without guarantees, and political persecution”. The report compiles the results of an exhaustive investigation into human rights violations committed against political prisoners who were arrested in connection to the protest movement of April 2018 and prosecuted in unfair trials.

 In the context of the 2018 protests, the Inter-American Commission on Human Rights (IACHR) has registered 328 murders, thousands of people exiled, and hundreds of politically-motivated arrests. More than 124 political prisoners remain behind bars for their links to the protests.

Race and Equality found that between April 18, 2018 and February 13, 2020, a total of 657 people were detained arbitrarily. 565 of these detainees were formally prosecuted in 279 different criminal proceedings. Meanwhile, 92 of them were deprived of their liberty for periods ranging from six days to four months without ever being formally accused or brought before a judge. 

Another key finding of the report is that 51% of the criminal proceedings carried out against the prisoners ended in convictions. 288 people were convicted in total, receiving sentences ranging from 6 months to 256 years. 192 people (76% of those convicted) received sentences of 5 or more years while 96 (24%) received penalties from 6 months to 4 years.

The report highlights the lack of judicial independence in Nicaragua, which has resulted in serious rights violations. The political prisoners whose cases are discussed in the report suffered violations of due process, judicial guarantees, and basic human rights throughout their trials. These violations included non-public trials, the harassment of their defense attorneys, the use of false witnesses and victims by prosecutors, and the excessive and widespread use of pre-trial detention.

Race and Equality’s Senior Legal Program Officer, Ana Bolaños, stated that “The State of Nicaragua is responsible for the actions of its police forces, along with the actions of para-police and civilian armed groups that coordinate their actions with official authorities and enjoy total impunity.”

Antonia Urrejola, the President of the Inter-American Commission on Human Rights (IACHR), remarked that the report will serve as an important tool for the international community by clarifying “the political and institutional antecedents that form the base of the current deterioration and crisis we find ourselves in today” and that the investigation “includes an exhaustive analysis of the human rights violations committed against political prisoners during their detentions and their trials, along with the challenges facing the rule of law and democratic governance in Nicaragua.” 

Given the alarming situation facing both political prisoners and those released from detention, Race and Equality included a series of recommendations for the State of Nicaragua in the report, including: 

  1. Immediately releasing all those still detained in connection to the April 2018 protests and those being charged with ‘common crimes’ in retaliation for their involvement with protests or the political opposition.
  1. Ending all police and para-police harassment against prisoners who have been released, their lawyers, the organizations that support and accompany them, and independent media outlets who report on their condition.
  1. Adopting all necessary measures to determine responsibility and ensure accountability for illegal detentions; abuses of authority; torture and cruel, inhumane, or degrading treatment; and other human rights violations committed by State agents.
  1. Allowing international human rights bodies, including the Inter-American Commission on Human Rights (IACHR) and the Office of the United Nations High Commissioner for Human Rights (OHCHR), to return to Nicaragua.

The report is available at Race and Equality’s website.

 

Organizations alert the UN about the serious human rights situation in Nicaragua

On behalf of the undersigned organisations, we welcome the Special Rapporteur”s report on access to justice in the context of the rights to freedom of association and peaceful assembly, which particularly relevant in the case of Nicaragua.

We deplore that Nicaragua is still far from complying with the recommendations addressed in the Special Rapporteur”s report, as highlighted by the High Commissioner update as well.

The lack of separations of powers has ensured impunity for the arbitrary attacks against civil society organisations and the prevalence of legislation that drastically restricts all freedom of association.

Stigmatisation and obstacles to defending victims remain the rule for human rights defenders and independent lawyers, and those arbitrarily criminalised they accompany continue to face clear violations to their right to due process.

The international community as a whole, and the Human Rights Council and its mechanisms in particular, have an urgent role to play ahead of November’s general election.

They should urge the Government of Nicaragua to release of all political prisoners, including the presidential aspirants, human rights defenders, civic leaders and journalists recently detained.

They should also call for the restoration of civic liberties through the abrogation of all the normative framework obstructing freedom of association and assembly; including the Foreign Agents Law and its regulation, the Law on Money Laundering, the rule of National Police over mobilisations.

Lastly, they should urge the Government to ensure a free and safe environment for lawyers, human rights defenders and civil society organisations during and after the electoral process.

Finally, we also call on Nicaragua to allow a visit from your mandate and other Special procedures as per their open invitation.

Without this much-needed support, the state of Nicaragua will continue down its path to avoid the due accountability, further embedding impunity for the crimes against humanity and other grave human rights violations committed in the last three years.

Thank you Madam President.

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