Recent Reforms Intensify Political Persecution in Nicaragua and Exile, Warns the OHCHR

Recent Reforms Intensify Political Persecution in Nicaragua and Exile, Warns the OHCHR

Geneva, December 9, 2024 – “A severe and repressive climate prevails in Nicaragua,” stated Nada Al-Nashif, the UN Deputy High Commissioner for Human Rights, during her oral update on the human rights situation before the United Nations Human Rights Council on Monday, December 9. In her statement, Al-Nashif warned that recent legal and constitutional reforms are consolidating power in the presidency and “paving the way for greater political persecution,” including against Nicaraguans in exile.

The Deputy High Commissioner noted that the recent legal reforms redefine crimes to include social media posts that “incite panic” or threaten “social stability.” They also classify cybercrimes as organized, authorize asset confiscation, and allow unrestricted access to personal data without police oversight.

The constitutional reforms approved by the National Assembly last month will increase executive interference in the legislative, judicial, and electoral branches. Al-Nashif described as “particularly atrocious” the removal of the explicit recognition of the prohibition of torture.

These changes aim to expand and strengthen government powers to strip people of their citizenship and confiscate assets, a tool already widely used to arbitrarily repress government critics and dissidents. Since February 2023, at least 546 people have been deprived of their nationality, had their assets confiscated, and been exposed to statelessness. Many of these individuals cannot renew their documentation, hindering their connection to their country. In addition, the Supreme Court stripped 135 former political prisoners of their nationality and assets, and exiled them to Guatemala in September.

Constant Pattern of Arbitrary Detentions, Torture, and Forced Disappearances

The Office of the UN High Commissioner for Human Rights (OHCHR) has documented a consistent pattern of arbitrary detentions, torture, and forced disappearances. Currently, 76 people remain in detention for political reasons, including 20 indigenous people, and 30 individuals were arbitrarily detained in late November. Regarding forced disappearances, OHCHR highlighted the forced disappearance of Angélica Chavarría, a companion of the late retired General Humberto Ortega, since May 2024; the disappearance of Brooklyn Rivera, a member of the National Assembly from the indigenous YATAMA party, since September 2023; the disappearance of Steadman Fagoth Müller, presidential advisor on indigenous affairs, since September 2024; and the former colonel Victor Boitano (63 years old), who has been missing since April 2024.

“Forced disappearance, torture, and ill-treatment must cease unequivocally,” urged the Deputy High Commissioner.

Indigenous Peoples Exposed to Violence

The Deputy High Commissioner expressed deep concern over the ongoing attacks on indigenous peoples in the Autonomous Region of the North Caribbean Coast of Nicaragua, fueled by violence from settlers or non-indigenous third parties. The murder of two Miskitos on November 8, and reports of sexual violence against indigenous children allegedly committed by settlers, reflect the severe insecurity they face.

The Deputy High Commissioner called for the immediate release of eight Mayangna rangers who have been detained in extreme conditions since 2021, “Authorities must take proactive measures to prevent violence, including sexual violence, and conduct thorough and independent investigations into all these incidents, holding perpetrators accountable.”

Finally, the Deputy High Commissioner called on “the international community, including all States committed to the region and those with influence, to intensify their efforts to support these objectives.” The Office also reiterated its commitment to providing technical assistance to Nicaragua.

Council Members Concerned about Nicaragua’s “Co-Presidency”

In the interactive dialogue with the Deputy High Commissioner, Council members and civil society organizations called for the immediate release of political prisoners, annulment of their judicial processes, restoration of citizens’ rights, and the lifting of restrictions on NGOs, media, and religious groups. Several delegations, including Peru, Canada, Costa Rica, Paraguay, the United Kingdom, Switzerland, among others, expressed deep concern over the recent legal and constitutional reforms, particularly the establishment of a “co-presidency” that centralizes power in one family.

“It is concerning to see the explicit elimination of powers, now simply referred to as organs, and the ability of the new co-presidents to coordinate with absolute and unlimited power… This new attack on Nicaraguan institutions must inevitably be interpreted as a near-final blow to democracy,” stated the Costa Rican delegation.

The United Kingdom described the recent constitutional reforms as “an additional tragic chapter in the deterioration of political civil rights and other human rights of Nicaraguans,” and called on Nicaraguan authorities to accept the recommendations made in the Universal Periodic Review (UPR).

Canada urged the renewal of the High Commissioner’s and the Group of Experts’ mandates in March 2025. The European Union called on Nicaragua to expand its cooperation with both mandates and other human rights mechanisms “to fulfill its reporting obligations under the treaties it has ratified.”

From civil society organizations’ microphones, Tininiska Rivera, daughter of indigenous deputy Brooklyn Rivera, and Ingni Fagoth, daughter of Miskito leader Steadman Fagoth, denounced the forced disappearances of their fathers.

Tininiska also denounced the cancellation of the legal personality of the YATAMA party and the Moravian Church, as well as the illegal occupation of indigenous territories by armed settlers. She also pointed to the rise in violence against indigenous communities in 2024, including the murder of four rangers, the criminalization of 37, and the disappearance of indigenous leaders.

Ingni warned that her father’s detention by the Nicaraguan Army is part of a systematic and widespread attack against indigenous peoples for political reasons. “We demand justice… Our people are standing, but we need the support of the international community. Do not abandon Nicaragua’s indigenous people,” she urged.

Other organizations highlighted the arbitrary closure of more than 5,000 NGOs, 12 repressive laws passed in the past four months, 222 documented cases of torture, 452 cases of people arbitrarily stripped of their nationality, and the unemployment of at least 1,200 teachers and university staff, among others.

Statement

The oral update by the Deputy High Commissioner and the subsequent interventions by States and civil society organizations make it clear that the human rights crisis in Nicaragua has reached one of its most critical points. In this grave context, the Institute on Race, Equality and Human Rights (Race and Equality) supports the call by the Deputy High Commissioner to the international community to intensify efforts in support of the Nicaraguan population, with special attention to those in exile, indigenous and Afro-descendant peoples, and those who remain deprived of liberty for political reasons.

Impunity cannot prevail in the face of the systematic and severe human rights violations occurring in the country. We call on the United Nations and States committed to democracy and human rights to strengthen monitoring and protection mechanisms and to vote in favor of renewing the mandate of the Group of Experts on Human Rights in Nicaragua (GHREN) in 2025. This mandate is essential for deepening the documentation of human rights violations, ensuring accountability, and strengthening international pressure in defense of the Nicaraguan population.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bisexual recognition and visibility: Obstacles Faced by Bisexual People

Washington DC, September 23, 2024.- Every year, International Day of Bisexual Visibility offers a crucial opportunity, at the global level, for the recognition of bisexual identities as an important part of sexual and gender diversity. The Institute on Race, Equality and Human Rights (Race and Equality) values and honors bisexual human rights defenders who contribute to bisexual visibility, challenging binarisms and stigmas and addressing barriers that limit equal access to opportunities and the exercise of their basic rights.

Despite progress in the fight for LGBTI+ rights, bisexual people continue to face discrimination and violence in various areas of their lives, from access to public office to care in the health sector, to bullying in schools and difficulties in being recognized in activist spaces.

Obstacles to access to public office

Bisexual people often face a notable lack of representation in public office. This deficit perpetuates the invisibility and negative stereotypes that affect their lives. The perception that bisexuality is a “phase” or identity that is less legitimate than others contributes to the exclusion of bisexual people from positions of influence and decision-making. Liandra Paz, Coordinator of the Majorie Marchi Critical Training School project of the Conexão G de Cidadania LGBTI group in favelas in Brazil, gave an example: “A bisexual person who held public office was Marielle Franco, a Rio de Janeiro councilwoman, whose sexual orientation is often mistakenly reduced to that of a lesbian woman, even though she was a bisexual woman. Marielle is constantly referred to as a lesbian, reflecting the difficulty society has in recognizing the complexity and legitimacy of bisexual identities. After her death, Marielle’s own family publicly claimed her bisexuality, fighting against the elimination of this fundamental part of her identity.”

This lack of representation ends up exacerbating structural barriers and limiting the ability of bisexual people to advocate for specific policies. “Therefore, the fight for bisexual visibility, both in the political space and in society in general, is vital. The representation of parliamentarians like Marielle Franco not only broadens the scope of public policies aimed at LGBTQIA+ rights, but also directly confronts the systematic elimination of bisexuality,” she concluded.

Challenges in the health sector

“When it comes to the prevention and treatment of sexually transmitted infections, the education and resources available are often not adapted to our realities. When I routinely ask for sexual health screenings, it is assumed that this is because I am bisexual, which means to them “being promiscuous.” Honestly, I prefer to read and look for information on my own; and save myself the trouble or the feeling of being singled out in front of a stranger due to my sexual orientation,” said Ana Gómez, an independent bisexual activist from Colombia.

Across the region, health professionals often lack adequate training to address the specific needs of bisexual people, and health research excludes their experiences, as the 2018 communiqué by the Inter-American Commission on Human Rights (IACHR) and United Nations human rights experts points out, making it impossible to understand their issues. As a result, bisexual people face inadequate care, misdiagnosis, lack of understanding, and suffer discrimination and abuse. Access to and quality of care in the health sector are critical areas that States still need to work to improve. “Although health is a constitutional right in Colombia, in practice, accessing quality services has become a privilege. (…) for those who live in rural areas, this situation is even more complicated as they face greater barriers to access and such strong stigmatization that there is often no space or energy to self-identify as bisexual,” Ana said. This context not only puts the physical and mental health of bisexual people at risk but also perpetuates inequality.

Biphobic bullying in schools

Bullying of bisexual students often takes the form of derogatory comments, humiliation, exclusion, and psychological and physical aggression, which not only negatively impacts emotional and academic well-being, but also contributes to a culture of silence and fear that reinforces invisibility. “It is very important to include bisexual experiences and to be mentioned in curricula and academic conversations, educating about sexual and gender diversity that has nothing to do with monosexuality,” said Fhran Medina, a bisexual lawyer with Fraternidad Trans Masculino Perú.

It is, therefore, essential that States adopt national policies to ensure that children, adolescents, and young people, regardless of their sexual orientation, can learn and develop in a safe and respectful environment.

Barriers in spaces of activism and social struggle

In many cases, after running away from home to preserve their physical and mental integrity, bisexual people seek refuge in organized LGBTI+ spaces, Cristiana Huerta, President of the Las Malcriadas Feminist Association in Nicaragua, told us. However, they find that they are not fully understood due to the gender binary. They are often excluded or minimized for their contributions to LGBTI+ movements due to the belief that their identity is not “relevant enough”.

The Cuban editor, Karla Ma. Pérez González, agrees, stating that “bisexual people, as in many other countries, are invisible and are lost within the acronym LGBTI+. I would have to say that in recent years there has been a remarkable, social change in attitudes towards LGBTQ+ people.” In addition, she pointed out that Cuban official policy has taken some initiatives, but only to ingratiate itself at the international level and not in the real interest of a paradigm shift. “Discrimination is still something that happens daily and we cannot forget the regime’s repressive history towards sexual dissidents,” she emphasized.

This lack of recognition limits bisexual people’s ability to influence the LGBTI+ agenda and position their demands and strategies in activism. For this reason, at Race and Equality, we believe that only the representation and authentic participation of bisexual people in spaces of advocacy and the struggle for human rights will achieve real progress towards equity.

Recommendations for States

To address the challenges and ensure the rights of bisexual people are respected, the United Nations and various human rights organizations recommend that States:

  1. Investigate and prosecute acts of violence, torture, and ill-treatment committed against bisexual people and those who defend their rights, and provide reparations to the victims of such acts.
  2. Raise awareness among healthcare providers and ensure that bisexual people and their families have access to safe and non-discriminatory health services that take into account their specific interests.
  3. Raise awareness about bisexuality through the education system and dispel negative stereotypes and prejudices through public awareness campaigns.
  4. Ensure that bisexual persons and bisexual people’s organizations are consulted in the development of research and the development of legislation and policies affecting their rights and that their participation in such processes is encouraged.
  5. Support research that collects disaggregated data on the specific situation of bisexuals, with respect to poverty, employment, housing, health, education, and access to public services.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Officials Under the Regime’s Scrutiny

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

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

Sexual Violations and Abuses of Male and Female Political Prisoners

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

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

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

Forced Disappearances as a Tool of Control

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

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

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

Expulsions and Denationalizations

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

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

Indigenous and Afro-descendant Peoples

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

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

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

2026 Elections, “A New Opportunity for Nicaragua”

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

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

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

Statement

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

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

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

Visit of the UN Rapporteur on Racism to Brazil: Systemic racism and violence against women from racial and ethnic groups are the highlights of her report

Brazil, September 02, 2024 – “Systemic racism demands systemic responses.” This approach was emphasized by Ashiwini K.P., United Nations Special Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance, during her press conference where she presented the preliminary conclusions following her visit to Brazil. Between August 5 and 16, the Rapporteur visited Brasília, Salvador, São Luís, São Paulo, Florianópolis, and Rio de Janeiro, where she met with authorities of the Federal Executive Branch and state governments, as well as with various Black, Indigenous, Quilombola, and Roma organizations.

In preparation for the visit, the Institute on Race, Equality and Human Rights (Race and Equality), together with the Institute for Development and Human Rights (IDDH), organized a virtual training with civil society organizations to support them in preparing documents with recommendations that would be delivered to the Rapporteur. In addition, the scope and objectives of the visit were presented in the training to guide them in dialogue and advocacy actions before this UN special procedure.

“The visit of the Rapporteur on racism takes place at an important moment for the country, after all, we are in an election year and advocating for intersectional public policies. From our perspective, we highlight the importance of providing Brazilian organizations with a relationship between the UN and the government, because based on the report that will be presented, the State must commit to implementing reparations in matters of racism”; highlights Rodnei Jericó da Silva, Director of Race and Equality in Brazil.

 Preliminary Findings: Highlights

Race and Equality presents some of the key points of the preliminary conclusions highlighted by the Rapporteur regarding her experience in the country, which will be presented in the final report to the United Nations Human Rights Council in June 2025. This report will be delivered to the Brazilian government, which, as a member state of the UN, accepted the official visit as a way of evaluating its public policies.

In this sense, Ashiwini K.P. stressed that she identified positive points in some government actions, such as the recognition of racism as a systemic phenomenon; the creation of the Ministry of Racial Equality, the Ministry of Indigenous Peoples, and the Secretariat of Roma Peoples, within the Ministry of Racial Equality; sound affirmative policy proposals; and the existence of a health unit in Bahia for the treatment of sickle cell anemia. However, the Rapporteur emphasized that governmental progress is advancing slowly, since, recognizing that the colonialist past generates an exclusion of groups marked by structural violence, Brazil must adopt a systemic approach to guarantee restorative justice.

The lack of disaggregated data is a major issue identified by the Special Rapporteur, particularly the absence of data on Roma people, LGBTI+ people, migrants, refugees, and people with disabilities, who face multiple intersecting forms of discrimination. She also points to the growth of neo-Nazi groups, especially in Santa Catarina, where she mentioned that there is an erasure of data on the issue. Furthermore, she emphasized that Brazil must ensure that research and public policies are supported by and created through consultation with groups in vulnerable situations.

Thus, its proposals include the establishment of an independent national human rights institution following the principles on the status of national institutions for the promotion and protection of human rights (the Paris Principles), to monitor and implement anti-racist policies.

The Rapporteur emphasized that the indigenous and quilombola communities have faced numerous setbacks by the National Congress. In her criticisms, she highlighted the slowness of the State in the process of territorial demarcation of these communities; the seriousness of the time-frame thesis; environmental racism as a driver of exclusion and vulnerability; and the neglect of the health of these populations in the face of the advance of illegal mining (pesticides and urban diseases). She also expressed concern about the violence suffered by indigenous peoples and quilombolas, highlighting the recent Guaraní-Kaiowá case, in Mato Grosso do Sul, and other conflicts in Bahia. Therefore, the Rapporteur urged the Government to take an urgent position in the face of intimidation against indigenous peoples and quilombolas, warning of the seriousness of the resulting environmental violence, and that more forceful actions must be taken, in addition to emphasizing Brazil’s international commitment to Convention 169 of the International Labor Organization (ILO).

“A coordinated national plan for indigenous and quilombola affairs is necessary, as the protection of their lands is essential to address the climate crisis,” said Ashiwini K.P.

The understanding of religious racism as a practice that persecutes and reproduces violence against practitioners of African-based religions was one of the highlights of her conclusions. In this regard, the Rapporteur cited cases that came to her through civil society, such as private transport that refuses to take people in their religious clothing, the loss of custody of children by Axé women, and physical attacks organized against terreiros. In her opinion, she stressed that the State allows this type of misogynistic and racist practices and suggested that the government create a protection program to face this problem.

“Even if Dial 100 exists, the lack of investment by the state sends a message of impunity and that the government will not take any action against religious racism,” she said.

Regarding the situation of human rights defenders, the Rapporteur expressed her dismay at the seriousness of the threats and police brutality to which these groups are exposed. Although she acknowledged the importance of the creation of the Sales Pimenta Technical Working Group, to develop proposals for the National Policy and Plan for the Protection of Human Rights Defenders, she highlighted the lack of resources for human rights and the effectiveness of those policies that already exist. In this way, she urged Brazil to implement the actions recommended by the United Nations Special Rapporteur on the situation of human rights defenders, Mary Lawlor, after she visited Brazil in April of this year.

Given the situation of black women and gender/sexual intersectionality, such as with LBT women, the Rapporteur emphasized the issues of precarious access to the health system and obstetric violence, the issue of domestic workers, sexual violence, and femicide that disproportionately impacts these women, with which she pondered the need for psychological guidance as a government public policy. The Rapporteur expressed great concern about the data presented that show that black women are more exposed to femicide, highlighting the violence that occurs against black lesbian and trans women. In addition, the criminalization of abortion was noted in their evaluation, in addition to the barriers faced by women who seek even legal abortion, in accordance with the Penal Code. In this regard, she emphasized her concern about the Constitutional Amendment Proposal 1904/2024, which increases the penalties for women who have abortions to up to 20 years in prison. At this point, the importance of the Government implementing the recommendations of the CEDAW Committee, which evaluated Brazil this year, to decriminalize abortion and guarantee safe access for all people, respecting women’s rights and bodily autonomy, was highlighted. Regarding the care economy, she also noted the economic exploitation suffered by domestic workers.

Regarding police violence, the Rapporteur pointed out that Afro-descendant mothers who lose their sons and daughters due to police brutality, in addition to being victims, are also criminalized.  Therefore, her report will emphasize the need for more effective measures to be taken against the prison system and, while acknowledging that the use of police cameras is an important step towards an anti-racist security policy, she pointed out that there are reports that these cameras are not used and that the government is using measures of racial discrimination without scientific basis. In this way, she urged the government to create laws on the use of artificial intelligence so that it is not used in a racist way.

The Special Rapporteur also highlighted spatial segregation, especially in large urban centers, which are mostly occupied by people of African descent and have poor access to infrastructure. In addition, she highlighted the lack of support for people living on the streets.

The advance of the extreme right and the growth of neo-Nazi cells was one of the points of extreme concern of the Rapporteur, who stressed that there is a denial by the state of Santa Catarina about these groups and that affirmative policies and actions must be implemented to strengthen local legislation to combat denialism. From this perspective, she also highlighted her concern about the lack of efforts of the Brazilian legislature in the face of bills that seek to roll back some of the rights already achieved.

Finally, she expressed concern about the growth of gender-based political violence and hate speech and urged the government to take careful measures in this area. She stressed that the low representation of vulnerable groups in decision-making spaces reflects systemic racism. In addition, this lack of representativeness can also be seen within the Judiciary.

Race and Equality thanks Ashiwini K.P. for her support and interest in the Rapporteurship’s commitment to promoting anti-racist and racial justice actions in Brazil. We highlight the importance of the recognition of religious racism as a discriminatory practice before an international human rights mechanism. We continue to fight for the defense and guarantee of human rights to confront the inequalities created by the racist system. The Brazilian State must commit itself to the demands for justice and equity of its population. A government whose proposal is “Union and Reconstruction” must have historical reparation as a priority.

Finally, we share some of the recommendations submitted to the Office of the Rapporteur on contemporary forms of racism, racial discrimination, xenophobia and related intolerance by Brazilian organizations:

  • Improvement of public policies for access to legal aid and support services for victims of domestic and familial violence, based on a survey of cases registered in recent years, to support and protect women victims of violence and racism (especially religious racism); among other actions, based on the collaboration of feminist groups, religious leaders, public managers, and experts on the subject.
  • Demand the implementation of the National Health Policy for the LGBTI+ Population through the creation of specialized health teams to meet the highly complex demands in the health of lesbian women;
  • Recommend that the Brazilian State effectively address all barriers to justice faced by victims of racist crimes by speeding up prosecutions, revising evidence standards to strengthen accountability for discriminatory acts, and monitoring racial disparities in access to justice, especially for Afro-descendant women and LGBTI+ people.
  • To ask the Brazilian State to seek to adequately implement reparation measures for victims and family members affected by State violence, which should include psychological support, medical assistance, and financial compensation, in addition to others that may be necessary in the analysis of the specific case.
  • Ensure that the Brazilian State also complies with the recommendations prepared by the Committees on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women, treaty bodies that recently examined the country and noted similar concerns.
  • To recommend the political participation of indigenous peoples and quilombola communities in the development of public policies that affect their territories and in policies for the defense of the environment. In addition, the Brazilian State must guarantee the demarcation and titling of quilombola and indigenous lands, in addition to rejecting the thesis of the Time-Frame Framework.

 

 

 

 

 

UN liquidity crisis: Rights groups call on States to #PayYourDues

As the United Nations face a historic liquidity crisis due to unpaid dues, civil society urges Member States to fulfill their financial obligations, safeguarding critical human rights operations.

The failure of States to pay their membership dues to the United Nations (UN) in full and on time is causing a financial liquidity crisis for the organisation. According to the UN Secretary-General, the UN faced the highest level of arrears in its history at the end of 2023, the impacts of which are being felt by victims and survivors of human rights violations and abuses. As of 15 April 2024, only 100 UN member States have paid their dues in full. Human rights groups call on all member States to pay their contributions in line with their legal obligations under the UN Charter (article 17, paragraph 2)

The UN as a whole, and the Human Rights Council and the Office of the High Commissioner for Human Rights specifically, have deliberated various measures and proposals to conserve cash, including through freezing the recruitment of staff to mechanisms created by States, and postponements and partial fulfilment of key mandated activities. We remind States that what is being traded off are priorities brought to the UN by human rights defenders and affected populations and agreed to by governments themselves. On the global level, as repeatedly highlighted by the UN Secretary-General, the international human rights system is indispensable to ensure stability by promoting conflict prevention and sustainable development.

The cuts to Special Procedures’ activities, including limitations to the number of country visits and the cancellation of the annual meeting, severely restrict the possibilities for rights holders to directly engage with what has typically been one of the UN’s most accessible mechanisms. It also reduces mandate holders’ access to situations on the ground and the engagement with authorities at the domestic level for positive human rights change and to promote the rights of victims and rights holders.

Decisions forced by the liquidity crisis, among them the announcement of some treaty bodies to cancel pre-sessional working groups and threats to further cancellations including of sessions, are of great concern. Not only would crucial assessments of compliance with the treaties be put on hold, but it would also lead to increased backlogs of both state-party reports for review and exacerbate existing backlogs of individual communications. Attention also needs to be paid to ensuring increased and continuous funding for accessibility for persons with disabilities to allow for their effective participation in all UN treaty bodies.

Investigative mechanisms created to respond to mass atrocities in places including Sudan, Myanmar, Syria, Ukraine, Iran and Israel/OPT, particularly in supporting criminal prosecutions of perpetrators, are already or will be severely hindered in their ability to collect witness and victim testimonies and first-hand accounts through cuts in travel budgets as well as staffing. Many such mechanisms were created following sustained calls for accountability from affected communities themselves, and barriers to their functioning will not only make accountability more remote but will damage the UN’s credibility in addressing such atrocities.

There are real risks that the cash flow crisis will be instrumentalised to impose unnecessary restrictions, particularly on civil society access and participation at the UN. Online and hybrid modalities for participation do not require heavy financial investments, and the gains are meaningful, especially considering factors such as environmental impact, costs of travel, visa restrictions, accessibility for persons with disabilities and the increased risks of reprisals against individuals engaging with the UN.

Finally, the human rights pillar of the UN remains significantly underfunded, receiving only 4% of the regular UN budget. By exacerbating these deficiencies, the UN Member States are sending a clear message that human rights and their implementation are optional and not inalienable. Resolving the cash flow problems this year will not meaningfully or sustainably address the financial challenges of the system’s human rights bodies, mechanisms and processes that are so important to rights holders.

We call on all States to:

  1. Pay their dues to the UN in full and without delay, both now and in future years;
  2. In their deliberations on cost-cutting measures, ensure that all stakeholders are consulted and that a victim-centred approach is taken when considering prioritisation for funding; and
  3. Strengthen the human rights pillar of the UN by substantially increasing its regular budget.

We invite OHCHR to regularly provide civil society with a detailed, accurate and comprehensive picture of the crisis and its impact, as the situation evolves.

Signatories (updated on a rolling basis)*:

  1. 4Métrica
  2. AbibiNsroma Foundation
  3. Action Canada for Sexual Health and Rights
  4. ActionAid International
  5. African Centre for Democracy and Human Rights Studies
  6. Albinism Society of Eswatini (ASESWA)
  7. American Civil Liberties Union (ACLU)
  8. Amnesty International
  9. Anti-Slavery International
  10. Ararteko-Ombudsman of the Basque Country
  11. Asian Forum for Human Rights and Development (FORUM-ASIA)
  12. Asociación Aquarius Supervivientes
  13. Asociación La Ruta del Clima
  14. Association du Développement et de la Promotion du Développement et de la Promotion de Droits de l’Homme
  15. Association for the Prevention of Torture
  16. AsyLex
  17. BIO VISION AFRICA (BiVA)
  18. Cairo Institute for Human Rights Studies (CIHRS)
  19. CAN Latin America (CANLA)
  20. Caribbean Association for Youth Development (CAYD)
  21. Center for International Environmental Law (CIEL)
  22. Center for Reproductive Rights
  23. Center for the Human Rights of Children, Loyola University Chicago
  24. Centre for Citizens Conserving Environment & Management (CECIC)
  25. Centre for Civil and Political Rights (CCPR-Centre)
  26. Centre for Human Rights and Development (CHRD), Mongolia
  27. Centre interdisciplinaire des droits de l’enfant – UCLouvain
  28. Centro de Estudios Legales y Sociales (CELS)
  29. Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos – Promsex
  30. Child Rights Connect
  31. Child Rights International Network (CRIN)
  32. Children’s Rights Alliance for England, part of Just for Kids Law
  33. CHOICE for youth and sexuality
  34. CIVICUS
  35. CNCD-11.11.11 (Belgium)
  36. Colectivo de Derechos de Infancia y Adolescencia de Argentina
  37. Collective Campaign for Peace (COCAP)
  38. Comité/Club UNESCO Universitaire pour la Lutte Contre la Drogue et autres pandémies (CLUCOD)
  39. Commonwealth Human Rights Initiative (CHRI)
  40. Conectas Direitos Humanos
  41. Convention against Enforced Disappearances Initiative (CEDI)
  42. Coordination des ONG pour les droits de l’enfant
  43. Defence for Children International
  44. Endorois Welfare Council (EWC)
  45. Equality Now
  46. European Network on Statelessness
  47. FIAN International
  48. Franciscans International
  49. Fundación Cónclave Investigativo de las Ciencias Jurídicas Y Sociales (CIJYS)
  50. Geneva Human Rights Platform
  51. Global Detention Project
  52. Global Initiative for Economic, Social and Cultural Rights
  53. Greek Helsinki Monitor
  54. Green Development Advocates (GDA)
  55. Human Rights Defenders Network- Sierra Leone
  56. Human Rights Watch
  57. Humanists International
  58. Institute on Statelessness and Inclusion
  59. International Commission of Jurists
  60. International Disability Alliance
  61. International Federation for Human Rights (FIDH)
  62. International Institute on Race, Equality and Human Rights
  63. International Play Association – Canada
  64. International Rehabilitation Council for Torture Victims
  65. International Service for Human Rights
  66. Irídia – Center for the Defence of Human Rights
  67. Just Fair
  68. Justiça Global
  69. Kindernothilfe e.V.
  70. Legal Literacy – Nepal
  71. LGBT CENTRE MONGOLIA
  72. MENA Rights Group
  73. Minority Rights Group – Greece
  74. Namibia Diverse Women’s Association (NDWA)
  75. NGO for Children Confederation
  76. Omega Research Foundation
  77. Oyu Tolgoi Watch
  78. Plan International
  79. Privacy International
  80. PROMSEX, Centro de Promoción y Defensa de los Derechos Sexuales y Reproductivos
  81. Psychological Responsiveness NGO, Mongolia
  82. Rede Nacional de Mulheres Negras no Combate á Violência
  83. Réseau des ONG ACTIVES pour le Contrôle du Tabac en Côte d’Ivoire (ROCTA-CI)
  84. Réseau des Organisations de la Société Civile pour l’Observation et le Suivi des Elections en Guinée – ROSE
  85. Rivers without Boundaries Coalition
  86. Save the Children
  87. Sayanaa Wellbeing Association
  88. Sexual Rights Initiative
  89. Sounds of the Silenced
  90. Southern Africa Region Climate Action Network
  91. Tanzania Child Rights Forum
  92. TB-Net
  93. Terre des Hommes International Federation
  94. The Oil Refinery Residents Association
  95. Transbantu Association Zambia
  96. UCLouvain
  97. Unen khatamj NGO
  98. Universal Rights Group
  99. West African Human Rights Defenders’ Network
  100. Women’s International League for Peace and Freedom (WILPF)

Working Group on Arbitrary Detention calls for “full release” of Cuban activist Yandier García Labrada

Washington D.C., April 5, 2024 – “February 27 (2024) was the last time I saw my brother. He was very thin,” says Iran Almaguer Labrada, brother of Cuban activist Yandier Garcia Labrada (39 years old), who appears in the Opinion 68/2023 of the Working Group on Arbitrary Detention, which was made public in mid-March. In the document, the United Nations mechanism requested the “full release” of the human rights defender, who is also a member of the Christian Liberation Movement (MCL).

The Opinion, adopted in the framework of the 98th session of this Working Group, also asks the State of Cuba to compensate and make reparations to García Labrada; to investigate and punish those responsible for his detention; and to provide information on compliance with this “decision” within a period of six months after its publication, which is October 2024.

“On October 6, 2020, my brother was detained for claiming his rights in a queue (line to obtain food and basic necessities). A repressor pushed him and assaulted him, and then more State Security agents arrived and called the police. He was shouting ‘Down with the dictatorship’,” Almaguer says.

Yandier García Labrada is serving a five-year sentence for the crimes of contempt for authority and propagation of epidemics. Since the beginning of his imprisonment, he has been transferred to various prisons and has suffered isolation, transfers to punishment cells, denial of medical attention, and restrictions on communication with his family members. Since January 19, 2023, he has been held in the Guabineyón 8 correctional work center in the province of Las Tunas. The prison authorities have denied him the benefits of home visits and parole, even though he meets the regulatory requirements.

His brother Iran Almaguer, who suffers from a disease called retinitis pigmentosa which has led him to blindness, says that Yandier Garcia lived with his mother in the municipality of Manatí, in Las Tunas; and since he has been deprived of his freedom, she has suffered serious health problems. “She is hypertensive and has Alzheimer’s disease”.

From the Institute on Race, Equality and Human Rights (Race and Equality), the organization that referred the case of García Labrada to the Working Group on Arbitrary Detention, we demand that the State of Cuba comply with the request made by this United Nations mechanism, in its Opinion number 68/2023. We call for the immediate release of this Cuban activist, who has been unjustly deprived of his liberty for more than three years, as well as all those who remain imprisoned for demanding their rights in this country. We demand that Cuba respect, protect and guarantee the human rights of all its inhabitants, without discrimination of any kind.

We also call on the international community to follow up on compliance with this Opinion, and to continue to condemn the human rights violations occurring on the island.

Dominican Republic: Civil Society Delegation Present at The UPR Pre-Session

Geneva, March 4, 2024 – A Dominican civil society delegation participated in the Pre-session of the Universal Periodic Review (UPR) held on Friday, February 16, 2024, in Geneva, Switzerland, with the technical support of the Institute on Race, Equality and Human Rights (Race and Equality). The delegation was composed of Maria Martinez (Movimiento Socio Cultural de Trabajadores Haiti, MOSCTHA), Manuel Dandre (Red de Encuentro Dominicano-Haitiano Jacques Viau, Jacques Viau Network), Rosalba Diaz (Comunidad de Lesbianas Inclusivas Dominicanas, COLESDOM), Roberto Acevedo (Observatorio de Derechos Humanos para Grupos Vulnerabilizados, ODH-GV) and Jenny Morón (Movimiento de Mujeres Domínico-Haitianas, MUDHA), who were accompanied by Elvia Duque, Senior Race and Ethnicity Program Officer at Race and Equality.

During a week in the Swiss city, the delegation also had the opportunity to conduct advocacy by meeting with representatives of United Nations agencies and representatives of diplomatic missions, where they shared information about discrimination faced by some population groups in the Dominican Republic, in violation of their human rights.

Jenny Morón, of MUDHA, explained the situation of statelessness which, according to civil society estimates, affects more than 209,000 people and which has worsened as a result of Law 169-14, to the point that there are currently four groups whose human rights are affected in one way or another: 1) those who due to their surname and phenotypical characteristics are not associated with the Haitian population and have all their rights; 2) people who initially belonged to Group 1 but the State took away their nationality in 2013 for identifying some link with the Haitian population; 3) those who have been registered in the so-called Special Book (Registration Book for children of non-resident foreign mothers); and 4) those born in Dominican territory but who do not have any documentation or designation of nationality.

Activist Manuel Dandre, of the Jacques Viau Network, shared his experience as a person affected by Constitutional Tribunal ruling 168-13, because despite being born in the Dominican Republic, at the age of 55 the State changed his documents after identifying links with the Haitian population. “Those of us who find ourselves in Groups 2 and 3 have partial or no access to basic rights such as education, employment, transit, etc., and we are afraid of legislative changes that continue to diminish our rights,” he said.

Human rights defender María Martínez, of MOSCTHA, emphasized the crisis faced by the Dominican State in the labor area, with women and the stateless population being the most affected. According to the Ministry of Women’s Affairs, more than 95% of women in the country identify their workplaces as places of violence or harassment.

Likewise, activist Rosalba Diaz, from COLESDOM, highlighted that “the lack of legislation that guarantees protection to the LGBTI+ population has generated a great vulnerability of this population” emphasizing in her presentation “the constant cases of mutilation, stigma, and other cases of human rights violations faced by the intersex population even from a very young age, as well as the judicial patterns that undermine the custody rights of lesbian mothers in the Dominican Republic.”

Meanwhile, Roberto Acevedo, of ODH-GV, exposed the lack of access to employment and discrimination suffered by people with HIV/AIDS, because despite the existence of Law 135-11 – which provides for the privacy of information on HIV diagnosis – public institutions perform laboratory tests as part of the process of pre-selection of candidates for jobs, resulting in not employing people who test positive even if they have the necessary skills.

The delegation made a positive balance of the visit because in addition to making visible the crisis that the country is experiencing due to racist, xenophobic, and discriminatory policies, as well as positioning its recommendations, it served to warn about Law 1/2024, which creates a centralized body of the State, with the aim of protecting the interests of the nation and assessing internal and external threats against it. Civil society considers that this law generates the necessary tools to support the State in its work of criminalizing activists and human rights defenders, therefore, the delegation made a strong call to demand its repeal.

In addition, upon the return of the delegation to the Dominican Republic, the approval of Resolution No. 13, dated February 17, 2024, on the processing of birth registration of children of foreigners born in the Dominican Republic, was announced. After a few days of evaluation of this Resolution, at first glance it appears to be a possible solution to several of the issues addressed by this delegation in Geneva regarding the situation of statelessness, but upon a deeper analysis it generates concern because it does not benefit the population in condition of statelessness as it establishes the presentation of documents that they do not possess.

Below, we highlight some of the recommendations presented by this delegation during its advocacy tour at the UPR pre-session in Geneva:

  • Promote the creation of a technical roundtable to accompany, review, and implement the recommendations made in the UPR, with the participation of civil society, a member state of the Council, international organizations, and the Dominican State.
  • Promote a national law on equality and non-discrimination that prosecutes, criminalizes, and punishes racism and discrimination in all its forms.
  • Motivate the State to modify and/or eliminate any legislation, sentence, or provision that is not aligned with international treaties and agreements for the protection of human rights.
  • Motivate the State to sign, ratify, and implement the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance (CIRDI).
  • Prevent statelessness by creating clear, free, and expeditious mechanisms to benefit the victims of Judgment 168.13, given that Law 169.14 has not solved the problem caused by Judgment 168.13. In addition, ratify the 1954 Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness.
  • Sensitize the authorities to avoid the criminalization of migration and to eliminate the policy of arrest, deportation, and expulsion based on racial profiling. In addition, take the necessary measures to ensure that no Dominican person is expelled from the national territory because of his or her skin color or descent.
  • Promote interculturality in the field of education and in the media.
  • Promote the protection of the human rights of women and girls in vulnerable situations.
  • Create legislation that integrates the benefits of Conventions 156, 190, and 189.
  • Promote and encourage the social integration of vulnerable groups (people living with HIV/AIDS, drug users) so that they can contribute to their community.
  • Motivate the elaboration and promulgation of the regulations for the application of Law 135-11 on HIV/AIDS, which 12 years later still does not have this important legal instrument.
  • Promote the strengthening of the role of the Ombudsman to promote and defend human rights regardless of gender, nationality, and creed.

Race and Equality thanks MUDHA, COLESDOM, and ODH-GV for obtaining their resources and joining the delegation initially composed of MOSCTHA and the Jacques Viau Network, and invites them to continue building together strategies to counteract the harsh reality that some populations live in the Dominican Republic. We also reiterate our commitment to fight against the different discriminations existing in this country hand in hand with the member organizations of the Jacques Viau Network and the NGO coalition CODHAJUR.

 

Pictured (from left to right): Elvia Duque (Race and Equality), María Martínez (MOSCTHA), Manuel Dandre (Jacques Viau Network), Rosalba Díaz (COLESDOM), Roberto Acevedo (ODH-GV), and Jenny Morón (MUDHA), in Room XXII, Building E of the United Nations. Geneva, Switzerland.

Nicaraguan Regime Commits Crimes Against Humanity: International Cooperation Urged for Judicial Investigations

Geneva, 29 February, 2024. – Following the release of the second report by the Group of Human Rights Experts on Nicaragua (GHREN), which identifies President Daniel Ortega, Vice President Rosario Murillo, and other senior Nicaraguan state officials as perpetrators of crimes against humanity, the Institute on Race, Equality and Human Rights (Race and Equality) calls on the international community to collaborate in judicial investigations and other actions before the Universal and Inter-American Systems. Race and Equality also urges for stronger support for GHREN to further its research and achieve real accountability, both at the state and personal levels.

For this latest report, the Group of Experts conducted 642 interviews with victims of state repression and delved deeper into violations and abuses targeting specific groups such as Indigenous and Afro-descendant peoples, students and academics, members of the Catholic Church and other Christian denominations, and members of the peasant movement. The GHREN concluded that the regime “is close to permanently wiping out organized critical voices” in Nicaragua.

The GHREN identified key state institutions and officials, as well as other individuals “directly responsible for documented violations and crimes.” These include Gustavo Porras, president of the National Assembly; Rafael Solís, former magistrate of the Supreme Court of Justice, who has been exiled since his resignation in 2019, and stripped of his Nicaraguan nationality; Marvin Aguilar, Supreme Court Justice; Ana Julia Guido, Attorney General of the Republic; and Luis Cañas Novoa, Deputy Minister and Political Secretary of the Ministry of the Interior.

“Daniel Ortega and Rosario Murillo have not been committing serious violations of the human rights of the Nicaraguan population for years, but for decades. We note as a major step forward that the Group has identified a structure and chains of command within the state, including trusted advisers who carry out repressive acts against dissenting voices from the regime. The international community must – urgently – take legal action and extend sanctions to institutions and individuals identified as perpetrators of crimes under international law,” said Carlos Quesada, Director of Race and Equality.

Moreover, through interviews with 72 political prisoners, the Group corroborated patterns of torture and ill-treatment, and methods of arbitrary detention detailed in the first report. These patterns include searches without warrants, communication restrictions with families and lawyers, and prolonged ignorance of their whereabouts. According to the Mechanism for the Recognition of Political Prisoners, comprising of civil society organizations, there are currently 121 individuals (102 men and 19 women) imprisoned for political reasons in Nicaragua, with 111 cases stemming from the events of April 2018, including 12 Indigenous peoples. 

The GHREN also warned that some of the regime’s new persecution strategies “extend beyond Nicaragua’s borders.” These include arbitrary revocation of Nicaraguan nationality, lack of access to official documentation and consular support, the hindrance of family reunification, among others. GHREN documented 317 cases of individuals deprived of their nationality, 145 cases of Nicaraguans barred from entering the country, 21 expulsions of foreigners, 263 expulsions of Nicaraguans, among other human rights violations.

Furthermore, the GHREN briefly addressed the need for the findings of this report to be considered when evaluating governance issues in the supervision and use of resources of International Financial Institutions. The GHREN called on the international community to “condition Nicaragua’s preferential market access on the fulfillment of non-trade policy objectives and/or assess the human rights impact on trade relations with Nicaragua.”

In this regard, Marcelo Azambuja, Legal Officer of Race and Equality, argued that “respect for democracy and human rights are economically relevant and must be considered by the International Financial Institutions in their decisions and activities towards sustainable development in Nicaragua. It is imperative that these institutions formulate and implement, in collaboration with the Nicaraguan State, human rights due diligence policies to identify, prevent, address and remedy the potential and consummate negative impacts associated with their projects and/or resources. Imposing conditions is an effective mechanism to incentivize the end to the crisis and a return to democratic normality and respect for human rights.”

Finally, the GHREN noted that the return to democracy in Nicaragua and the recovery of all that was lost under the Ortega government will require a significant amount of time and resources. In this sense, Carlos Quesada emphasized that “justice cannot be delayed any longer. The international community, particularly the countries allied with the people of Nicaragua, must take prompt action.”

 

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