Let us not forget Nicaragua!

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.

“Loving and Resisting from Diversity:” Race and Equality Celebrates LGBTI+ Pride Day

Washington D.C., June 28, 2021.- To commemorate this LGBTI+ Pride Day, The Institute on Race, Equality and Human Rights (Race and Equality) chose the slogan “Loving and Resisting from Diversity.” This slogan pays tribute to LGBTI+ organizations and activists who each day wage a powerful struggle to combat discrimination and violence, and move towards the recognition of their rights despite living in a context as adverse as Latin America and the Caribbean when it comes to human rights.

Although there has been little progress in the region in terms of recognizing and guaranteeing rights for LGBTI+ people, we want to exalt the great capacity to love and resist that people with diverse sexual orientation and gender expression or identity continue to sustain, when facing a society that attacks, excludes, and humilitaes them, in addition to increased attacks and instensified hate speech.

On this day we cannot refrain from remembering the Stonewall riots carried out in rejection of the police raid that took place in the early hours of June 28, 1969, in a bar known as Stonewall Inn in the New York neighborhood of Greenwich Village; this location is where LGBTI+ people used to meet. A year later that date would be declared as LGBTI+ Pride Day as a way to reclaim and celebrate the struggle for freedom and respect for the rights of this community.

Progress and Challenges

In the beginning of this month of June, the Prosecutor’s Office of Salta, Argentina, confirmed that the skeletal remains found by a day laborer and his son in a desolate area north of the city corresponded to Santiago Cancinos, a young trans man who disappeared in May 2017, who reported he was being bullied by his school and classmates.

This is one of the most recent and shocking events. However, when it comes to violence and discrimination, Latin America and the Caribbean accumulates a long list of episodes ranging from threats and verbal assaults to police brutality and murder. Hate crimes that in most cases remain unpunished-  this lack of will and judicial mechanisms only generates more negligence among authorities when making justice a priority.

LGBTI+ and human rights organizations closely followed the case of Vicky Hernandez v. Honduras, in which the Inter-American Court of Human Rights (IACtHR) determined the State’s responsibility for the alleged extrajudicial execution committed against Hernández in June 2009, which occurred in the midst of the tense socio-political context generated by the coup d’état that year. This set an important precedent of ensuring the application of justice in future cases of violence against LGBTI+ persons at the regional level.

With respect to the COVID-19 pandemic, we see how the situation of vulnerability of this population is exacerbated, as the health emergency deepens conditions of inequality in the fields of health, social assistance, education, work, among other inequalities. In addition, States have not taken into account the LGBTI+ realities of discrimination and institutional violence against gender nonconforming and trans people. For instance, in Colombia, people with diverse gender identity or expression were left in limbo with policies like “pico y género.”[1]

However, the commitment to fight for a more just and equitable society for all people has also led to celebratory results in the last year, like the approval of equal marriage in Costa Rica. We are slowly witnessing the progress of campaigns and bills for the recognition and guarantee of the rights of LGBTI+ people. In Argentina on June 11, the Chamber of Deputies approved the bill that guarantees the trans-transvestite labor quota. The so-called Diana Sacayán – Lohana Berkina Law, who were recognized defenders of the formal trans and transvestite labor inclusion, was passed with 207 positive votes, 11 negative votes and seven abstentions.

Let us celebrate!

Race and Equality spoke with LGBTI+ activists from different countries in the region and asked them about the importance of celebrating LGBTI+ Pride. These are their answers.

Christian King, trans non-binary activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: For me, celebrating LGBTIQ+ Pride Month is nothing more than claiming my personhood, and at the same time reclaiming all the people who have fought, who have lost their lives making themselves visible, those people who have led us to enter this movement of struggle and recognize ourselves as members of the LGBTIQ+ community, and to demand that the State recognize our rights.

Agatha Brooks, trans activist and member of Trans Siempre Amigas (TRANSSA) – Dominican Republic: Celebrating Pride Month is to make ourselves visible as the rainbow flag represents each of us, we are a brand that grows more and more every day. We become more visible so that equality becomes present in our communities, in our country and throughout the world

Darlah Farias, Coletivo Sapato Preto – Brazil: Celebrating LGBTI+ Pride is celebrating the life of this population. Not just the lives that struggle today, but all the lives lost so that we could be here. Principally I, as an Afro and lesbian woman, carry all my ancestry with me and understand that our struggle is forged in revolution and reinvention.

Thiffany Odara, FONATRANS – Brazil: Celebrating LGBTI+ Pride is celebrating the right to life, my existence, the right to be who I am, it’s celebrating the memory of my ancestors. Celebrating who I am is the greatest challenge for Brazilian society. The challenge of resisting to guarantee policies of social equity. Long live the LGBTI+ Pride Movement! I’m proud to be who we are!

Gael Jardim, Trascendendo – Brazil: Celebrating LGBTI+ Pride Day is about making a real difference. It’s remembering that this day was born out of a revolt so that people can have the right to exist in society, and no longer in ghettos, closets or exclusion. To celebrate Pride Day is to give visibility to our cause and our struggle, which is not a day but a whole year of citizenship.

Santiago Balvin, nonbinary transmasculine activist and member of Rosa Rabiosa – Peru: Pride for me is important because society has imposed feelings of guilt and shame on who we are, but we rise up against them by showing pride in who we are and by showing ourselves in an authentic way. It is also very important to know that we have been in hiding and that visibility has been important to be able to show ourselves, and also give voice to our problems.

Leyla Huerta, founder and Director of Féminas – Perú: Celebrating Pride Day is very important to me. It’s the day in which we recognize ourselves as brave, strong and resilient. It is also a date of commemoration for all those people who are no longer with us, and who, due to their sexual orientation and/or gender identity, were exterminated because that is the word that best fits our disappearances. A society that does not recognize us, a society that limits us in our own development, it does just that: exterminates us. Pride Day, as the word conveys, is a day in which we should be proud because we are here, resisting, advancing and educating.

Roberto Lechado, independent comedian – Nicaragua: Celebrating Pride Month is to celebrate life, but also to recognize myself as part of a community and remind myself that I’m not alone and that’s a super nice feeling. It is also reminding myself that it is okay to be the person I want to be, that my love is valid and valuable, and my existence is magnificent and important. Celebrating Pride is also for me, to make visible these colors that many times in the day to day become opaque, and to say to society “we are here, we exist, we deserve, and we matter!”

Miguel Rueda Sáenz, director and founder of Pink Consultores – Colombia: For me, celebrating gay pride means a lot of things. There’s an important historical force, it also shows community and group strength and fundamental social aspects, and it has an enormous personal stance as it recognizes me as a gay man, this day allows me to shout even louder. It is very important for me on June 28 to be able to celebrate who we are and why we exist.

Lesley Wolf, actor, dancer, and BA in Performing Arts – Colombia: Celebrating LGBTI Pride is more than a celebration, it turns into a demand for resistance. It’s re-signifying and dignifying a struggle that not only costs us nor takes us just a month, but a whole year, it’s a constant activity.

María Matienzo, activist and Independent Journalist – Cuba: For me to celebrate Gay Pride Day is to celebrate the claim of rights that we should all have as citizens of the world, although it’s not really a matter of one day, it should be a matter of a lifetime.

For Race and Equality, it is an honor to know and accompany the work that is being carried out, individually and collectively to defend and promote the rights of the LGBTI+ population. Denouncing the violence this population faces in different areas of society, making visible and documenting their realities and demands, and strengthening their capacities to influence Sates and the human rights mechanisms of the Inter-American and United Nations system.

For us, celebrating LGBTI+ Pride Day means reinforcing and renewing our commitment to working for a more just and equitable society for all people, without any discrimination. In addition, it represents an opportunity to make recommendations to States aimed at protecting and promoting the rights of the LGBTI+ population:

  • To implement educational campaigns on sexual orientation and gender identity, aimed at making people in all areas of society aware of and respect the diversity of the population.
  • To collect disaggregated data with an intersectional focus on the LGBTI+ population, including information on the violence they face.
  • To train authorities, mainly justice operators, health and education providers, so that LGBTI+ people can access these basic services without discrimination and without restrictions based on prejudices about sexual orientation and gender identity.
  • Adopt policies and laws that allow LGBTI+ people to fully enjoy their rights, such as the gender identity law.
  • Sign, ratify and implement the Inter-American Convention Against All Forms of Discrimination and Intolerance.

[1] “Pico y género” was a sex-based quarantine measure temporaily implemnted in Bogotá and Cartegena, where women and men were allowed out for essential tasks on alternating days of the week; trans women and men could go out according to their gender identity. However, the policy resulted in some 20 cases of targeted discrimination against trans people.

UN High Commissioner calls for urgent change in Nicaragua’s approach to upcoming elections

Yesterday, June 22, United Nations High Commissioner for Human Rights Michelle Bachelet delivered an oral update on the situation in Nicaragua before the UN Human Rights Council. Bachelet expressed her concern at the rapid deterioration of the human rights situation in Nicaragua, which “makes it unlikely that Nicaraguans will be able to fully exercise their political rights in the elections on 7 November.” 

 Bachelet expressed regret that the State of Nicaragua has failed to comply with almost all of the recommendations made by the Human Rights Council and the Office of the High Commissioner for Human Rights (OHCHR) since the beginning of the country’s socio-political crisis in April 2018. 

 The High Commissioner also denounced various acts of repression carried out by the National Police, paramilitary forces, pro-government media, and other state actors against human rights defenders, student activists, independent journalists and media outlets, lawyers, social and political leaders, indigenous communities in the Northern Caribbean region, rural campesino communities, and the family members of those killed during the 2018 protests. 

Bachelet stated that recent detentions of political opposition leaders were carried out “under ambiguous criminal offences and without sufficient evidence” and furthermore “were marked by serious violations of due process.” These criminal offenses were established in the recently passed Law against Money Laundering and Terrorist Financing; Law in Defense of the Right to the People to Independence, Sovereignty, and Self-Determination; and a reform to the Criminal Processing Code that allows pre-trial detention for up to 90 days. The OHCHR and other international actors have challenged these laws on human rights grounds. 

Bachelet stated that although Nicaragua adopted an electoral reform law in May of this year, “it fails to introduce safeguards to guarantee the impartiality and independence of electoral authorities and it unduly limits the rights to freedom of expression, association, peaceful assembly and political participation.” 

Bachelet called on the Government of Nicaragua to implement major changes before the upcoming general elections, including immediately freeing all those detained arbitrarily, ending all persecution against dissidents, ensuring the enjoyment of the civil and political rights required for free and fair elections, and ending legal efforts to close civic space. She also called on the Human Rights Council to “urgently consider all measures within its power to strengthen the promotion and protection of human rights in Nicaragua” and restated that the OHCHR and other international mechanisms should be allowed to return to Nicaragua immediately. 

Nicaraguan Foreign Minister Denis Moncada Colindres spoke in response to the oral update, stating that he took the floor to “defend justice and peace, defend Nicaragua’s right to live without outside interference, and to say, ‘enough is enough.’” 

The delegations of more than 59 countries signed a joint declaration urging the State of Nicaragua “to engage with the international community, to avail itself of technical assistance, to allow international election observers, and to re-establish dialogue and renew trust in democracy.” The delegations of the European Union, Switzerland, France, Argentina, and Liechtenstein each issued statements regarding the human rights situation in Nicaragua, as well. 

Statement 

The International Institute on Race, Equality and Human Rights (Race and Equality) supports all efforts by the United Nations to assist Nicaragua in overcoming the socio-political crisis that still grips the country. In the lead-up to November’s general elections, we request that the Office of the High Commissioner for Human Rights and the Human Rights Council continue monitoring the situation in Nicaragua and denouncing human rights violations. We also call upon the State of Nicaragua to free its political prisoners immediately and unconditionally, end repression of dissidents, allow international human rights actors access to the country, and take all other measures needed to ensure free and fair elections on November 7th. 

Human rights organizations condemn escalated repression in Nicaragua and demand the immediate release of all political prisoners

Human rights organizations urgently condemn the recent wave of repression launched against opposition figures, presidential candidates, journalists, business leaders, and former civil society leaders 144 days ahead of the country’s general elections.

In May of this year, the government of President Daniel Ortega, acting through the Public Ministry, initiated an investigation against presidential hopeful Cristiana Chamorro Barrios and two former employees of the Violeta Barrios de Chamorro Foundation, Walter Gómez and Marcos Fletes. The three are accused of supposed “money laundering” related to the Foundation’s finances between 2015 and 2019.

Journalists and civil society groups such as the Nicaraguan Center for Human Rights (CENIDH) reject this investigation as “part of a fierce campaign of persecution against independent journalism and an attack against civil and political rights.” Prosecutors have summoned and interrogated dozens of journalists, media executives, and business leaders connected to the Foundation.

The night of May 25, Marcos Fletes and Walter Gómez, respectively the Foundation’s former accountant and financial administrator, were violently detained by police and paramilitary forces.

On June 1, the Public Ministry requested that presidential hopeful Cristiana Chamorro Barrios be ruled ineligible for public office; that the Univision journalist Maria Lilly Delgado be prevented from leaving the country; and that two more former Foundation employees, Guillermo Medrano and María Lourdes Arróliga, have their movements restricted so that they could be called as witnesses. Medrano and Arróliga’s lawyers, however, warn of the possibility that the two may come to be treated as suspects.

The next day, a judge ordered Cristiana Chamorro Barrios’ detention and a search of her house, which was executed by dozens of officers and lasted over five hours. Since then, Chamorro Barrios has been held incommunicado under house arrest.

On June 5, presidential candidate Arturo Cruz was arbitrarily detained at the Managua airport for actions classified as “betrayal of the homeland” under the controversial Law #1055, the “Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace.”

 On June 7, presidential hopeful Félix Maradiaga was summoned before the Public Ministry for “inciting foreign interference in internal affairs,” “soliciting military interventions,” and “using foreign financing to carry out acts of terrorism and destabilization.” After appearing at the Ministry, Maradiaga was intercepted along with his driver and lawyer, who were later released.

The evening of June 7, the National Police raided the homes of presidential candidate Juan Sebastián Chamorro and former president of the Superior Chamber of Private Business (COSEP) José Adán Aguerri. The two men were also detained. Violeta Granera, a member of the Political Council of the National Blue and White Unity (UNAB, a coalition of opposition forces), was placed under house arrest for supposedly “inciting foreign interference in internal affairs” and “soliciting military intervention.”

On June 9, former National Assembly Member José Pallais, a member of the National Coalition (another opposition coalition) was arrested under charges of “damaging independence, sovereignty, and self-determination” by “inciting foreign interference in internal affairs,” “commending sanctions,” and other acts prohibited under Lay #1055.

On the night of June 11, CENIDH and the UNAB reported that Violeta Granera had been taken in an unmarked car from her home to an unknown destination. She resurfaced in custody of the courts. The next night, Tamara Dávila, another member of UNAB’s Political Council and leader of the Unamos party (formerly known as the Sandinista Renovation Movement) was detained.

On June 13, the National Police detained and raided the homes of other Unamos leaders and Sandinista leaders opposed to President Ortega. Among the detainees were Unamos president Suyen Barahona, the well-known Sandinista figure Dora María Téllez, the fighter and Sandinista retired general Hugo Torres; former Sandinista Renovation Movement president Ana Margarita Vijil; and the foreign minister of the first Sandinista government, Victor Hugo Tinoco.

Finally, on June 15, the National Police arrested Luis Rivas Anduray, the Executive President of the Bank of Production (BANPRO, a private bank company), who is now being investigated for supposed violations of Law #1055.

This wave of raids and detentions was carried out without warrants and under unusual conditions, with the majority of the detainees now being held incommunicado and forbidden from meeting with their lawyers. 

The organizations that have signed this statement express our serious concern at the use of the Law for the Defense of the People’s Rights to Independence, Sovereignty, and Self-determination for Peace, which violates multiple international human rights standards, to penalize and inhibit political opposition. We are also gravely concerned by the use of pre-trial detention orders lasting up to 90 days, a measure made possibly by recent reforms to the Criminal Code. Such detentions violate personal liberty and the right to the presumption of innocence.

We call upon the State of Nicaragua to act in accordance with recommendations made by the United Nations Human Rights Council and the Organization of American States with the goal of ensuring free and fair elections with national and international monitoring on November 7 of this year. We also demand that Nicaraguan authorities immediately cease all repressive actions against their citizens, unconditionally release all political prisoners, and restore the full exercise of their rights. These violations of fundamental rights must not remain in impunity. The Nicaraguan government must also be held accountable at the international level for this repression.

Once again, we call upon the international community to continue monitoring the ongoing crisis in Nicaragua and demanding respect and protection of the Nicaraguan people’s fundamental rights. 

Sign

Due Process of Law Foundation
Unidad de Protección a Defensoras y Defensores de Derechos Humanos – Guatemala (UDEFEGUA)
Center for Justice and International Law
Centro de Estudios Legales y Sociales (CELS)
CIVICUS
Iniciativa Mesoamericana de Mujeres Defensoras de Derechos Humanos (IM-Defensoras)
Institute on Race, Equality and Human Rights (Race and Equality)
OXFAM
Organización Mundial Contra la Tortura (OMCT)
Plataforma Internacional contra la Impunidad
Red Internacional de Derechos Humanos (RIDH)

AMARC-ALC, CPJ, IFEX-ALC, Race and Equality and Voces del Sur condemn press freedom deterioration in Nicaragua, call on authorities to guarantee freedom of expression rights

While commemorating World Press Freedom Day, we, the undersigned organisations, condemn the serious deterioration in freedom of expression and press freedom taking place in Nicaragua. An environment that is hostile toward journalism persists in the country, providing no guarantees for the work of journalists. We have learned via complaints from affected journalists that they are being subjected to excessive scrutiny, insults and assaults while carrying out their work. They have also been forced to remove their face masks, used for preventing the spread of Covid-19, in order to be photographed and there have been reports of sexual abuse of journalists.   

It is disconcerting to note the unequal, exclusionary and discriminatory treatment received by independent journalists, who are prevented from carrying out their work and denied access to public information—including reliable information about the Covid-19 pandemic. In addition, independent journalists are constantly targeted with assaults and violations of their rights. This situation has been documented by national and international human rights organisations, as well as the local media. 

We express our solidarity with Nicaraguan journalists and media workers, recognising their bravery, courage and unwavering commitment to their vocation of seeking and sharing quality information despite the assaults, defamation, stigmatisation and culture of secrecy to which they are subjected as part of the current government’s strategy.

In recent months, legal proceedings have been used in an attempt to silence several journalists. Such is the case of Radio La Costeñísima journalist Kalúa Salazar, who, is addition to facing legal action, has also been repeatedly subjected to extensive police harassment, social media campaigns aimed at discrediting her, criminalisation of her activities and physical assaults, all for exercising her right to practice journalism.

As organisations that promote and defend freedom of expression and press freedom, we join the many voices that have been calling for progress in the case of murdered journalist Ángel Eduardo Gahona. We call on the government of Nicaragua to ensure that justice is served in the case, which dates back to April 2018. The individuals responsible for Gahona’s death must be identified and sentenced in order to bring three years of impunity to an end.

We are deeply concerned by the Nicaraguan government’s failure to implement the precautionary measures prescribed by the Inter-American Commission on Human Rights (IACHR) for journalists and their families. In addition, the failure to implement the 48 free expression recommendations provided to the state as part of the third cycle of the Universal Periodic Review conducted under the auspices of the United Nations Human Rights Council gives cause for concern. The recommendations are geared toward protecting and promoting freedom of expression, press freedom and access to information, in addition to ensuring respect for diversity and independence within the media. The government has also failed to comply with recommendations provided by the United Nations Office of the High Commissioner for Human Rights regarding establishing a dialogue based on international standards between the government and the opposition in order to address the serious and multi-faceted crisis in the country.  

Within the context of the upcoming general election scheduled for November 2021, we call on the Nicaraguan government to implement special measures for protecting journalists who will be providing coverage throughout the electoral process. To date, covering election topics, such as pre-candidacies and opposition party platforms and presentations in different parts of the country, has led to increased levels of abuse and restrictions on press freedom.

The IACHR’s Office of the Special Rapporteur for Freedom of Expression has noted that healthy democratic debate requires “the greatest possible circulation of ideas, opinions and information regarding the candidates, their parties and their platforms during the period preceding elections, mainly through the communications media, the candidates and other individuals who wish to express themselves. It is necessary for everyone to be able to question and investigate the ability and suitability of candidates, and disagree with and challenge their platforms, ideas and opinions, so that voters can develop their voting criteria.”

 Finally, we call on the Nicaraguan government to repeal the cyber-crimes and foreign agents laws, which run contrary to international freedom of expression standards. The existence of these laws has forced civil society organisations, including PEN Nicaragua and the Violeta Barrios de Chamorro Foundation, to shut down.

We, the undersigned organisations, fervently call on the Nicaraguan government to guarantee journalists’ security and refrain from using state apparatuses and the armed forces to harass and censor critical voices. We further call on the government to fulfil its international commitments, guaranteeing the freedom to exercise professional and independent journalism that provides reliable information regarding issues of public interest and protecting the right of citizens to receive information.

Signature organizations:

AMARC-ALC

CPJ 

IFEX-ALC

Institute on Race and Equality and Human Rights 

Voces del Sur 

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