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.”

CEDAW Committee Calls on Nicaragua to Withdraw Its Denunciation of the OAS Charter and Adopt Measures to Protect Women and Girls

Washington D.C., October 31, 2023.-  Twenty days prior to Nicaragua’s withdrawal from the Organization of American States (OAS), the Committee on the Elimination of Discrimination against Women (CEDAW), in its Concluding Observations, urged the Nicaraguan authorities to retract their complaint against the Organization of American States Charter. The Committee also urged the State to engage in dialogue and take necessary measures to comply with its observations on the promotion and protection of the rights of women and girls in the country.

During the review on 23 October, Ambassador Rosalía Concepción Bohórquez Palacios made a statement calling the Committee “biased” and departed from the review without providing information on budget allocations for the Ministry of Women, the adoption of a national gender equality policy, or measures to ensure that women – particularly those residing in the Autonomous Regions of the Caribbean –  benefit from public programs to promote gender equality and eliminating discrimination. The State of Nicaragua has progressively withdrawn from international treaties and has broken commitments to international human rights treaty bodies by not actively participating in their revisions.

Repeal of Laws that Discriminate Against Women

Considering concerning reports spanning the last four years, which have documented 7,000 cases of attacks against women human rights defenders branded as “traitors” and “coup plotters,” as well as the non-implementation of protective measures issued by the Inter-American Court of Human Rights in connection with 38 cases of women human rights defenders subjected to intimidation and reprisals, the Committee called on the State of Nicaragua to repeal all legislation that discriminates against women on the basis of their political opinions and their participation in political and public life. Among these laws are the Foreign Agents Law (Law 1040), the Special Law on Cybercrimes (Law 1042), and the Law for the Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace (Law 1055).

The Committee further pressed the State to immediately release the women detained for their dissenting political views and ensure the safeguarding of their right to life, liberty, and physical and psychological well-being during and after their release. As of 31 August, 16 women were deprived of their liberty for political reasons, according to the Mechanism for the Recognition of Political Prisoners. 

According to the Committee, the State should adopt a plan of action for the reparation, rehabilitation, and compensation of these women. Additionally, the State should conduct investigations, prosecutions, and convictions of individuals responsible for acts of reprisal and assaults against the women human rights defenders and activists, even if the perpetrators are state agents.

Safe Return of Stateless Women Defenders

In its observations, the Committee also requests the repeal of Law 1145 or the “Special Law Regulating the Loss of Nicaraguan Nationality,” which provides that persons sentenced under Law 1055, the “Law for the Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace” will lose their Nicaraguan nationality and has left more than 317 persons stateless. This includes women political prisoners, renowned feminist and women’s rights defenders and activists, and journalists.

The Committee concluded that the State of Nicaragua should restore nationality in all instances where women have lost it for political reasons and implement measures to reduce cases of statelessness (1961) in accordance with Article 9 of the Convention, prevent statelessness, and formulate a plan to facilitate the secure return of Nicaraguan women desiring to come back to the country. 

Justice for Victims of Gender-Based Violence and Mothers of Victims of Repression

Between 2018 and 2021, the number of femicides rose to 57 cases, with 220 cases of attempted femicides. These statistics deeply concerned the Committee, which repeatedly highlighted the restrictive definition of femicide in the Penal Code as problematic, as it applies solely to murders of women within relationship contexts.

The Committee also expressed with concern the closure of the National Commission to Combat Violence and the lack of information on the number and enforcement of protection orders and victim support services, including shelter, psychosocial counselling, and rehabilitation for women survivors of violence.

In response, the Committee called on the State to: broaden the definition of femicide to encompass all gender-related murders; implement a national strategy for the prevention of all forms of gender-based violence against women; restore and strengthen the mandate of the National Commission to Combat Violence; and compile data on the prevalence of gender-based violence against women, disaggregated by age, victim-perpetrator ratios, and other socio-demographic characteristics.

The Committee also demanded that perpetrators of gender-based violence against human rights defenders, journalists, women detained during the 2018 protests, and mothers of fatal victims of protest-related repression be properly prosecuted and convicted. It emphasized the importance of providing adequate remedies, including reparations, to the victims.

Laws that Address Intersectional Forms of Discrimination

Furthermore, the Committee expressed concern about the intersecting forms of discrimination faced by Indigenous and Afro-descendant women in Nicaragua, who encounter limited access to education, employment, economic opportunities, healthcare, and participation in decision-making processes within the State. These challenges are compounded by a heightened risk of gender-based violence, including sexual violence and forced evictions of Indigenous women, particularly in territories such as the Bosawás Reserve and the Mayagna Sauni As Indigenous territory, which frequently experience incursions by non-Indigenous settlers.

In this regard, the Committee urged the State to develop legislation and policies addressing intersectional forms of discrimination against Indigenous and Afro-descendant women and girls. Additionally, it called for effective investigations, prosecutions, and penalties for crimes occurring in ancestral territories, along with the provision of appropriate remedies and reparations for victims. 

The Committee stressed the importance of ensuring that Indigenous women obtain land titles and collective control over the land, water, forests, fisheries, aquaculture, and other resources they have owned, occupied, used or acquired.

Pronouncement

The Institute on Race, Equality and Human Rights (Race and Equality) reminds the State of Nicaragua that the ratification of the Convention on the Elimination of All Forms of Discrimination against Women entails the obligation to submit reports, participate in constructive dialogues with the CEDAW Committee and comply with the recommendations made by the Committee. Therefore, we urge the State to comply with the recommendations made and to establish communications with the Committee in favor of the protection of women and girls and halt the repression and violence against women defenders, activists, and journalists expressing dissenting opinions. 

Lastly, Race and Equality acknowledges the invaluable role played by Nicaraguan civil society organizations that, despite significant risks, continue to monitor and document the human rights situation of Nicaraguan women inside and outside the country. Their dedication and reporting significantly contributed to this review and the formulation of valuable Concluding Observations, which serve a roadmap for the State of Nicaragua to fulfill its obligations outlined in CEDAW.

CEDAW: Laws Enacted by the Nicaraguan State Threaten Women’s Lives

Washington D.C., October 24, 2023- In the review of the State of Nicaragua, experts from the Committee on the Elimination of Discrimination against Women (CEDAW), expressed their concern about laws that pose serious threats against women human rights defenders and activists, as well as the neglect of Indigenous and Afro-descendant women on the Caribbean Coast, in the context of the closure of civic and democratic space in the Central American country. 

At the beginning of the session, the representative of the State of Nicaragua, Rosalía Concepción Bohórquez Palacios, abandoned the exam in a disrespectful manner. She expressed “total rejection of the malicious, biased, partialized and malicious questions on the report presented by Nicaragua on May 2, 2019.” 

This is the fifth time that Nicaragua has failed to comply with its obligation to actively participate in the periodic reviews carried out by the United Nations treaty bodies for the promotion and defense of human rights in the signatory countries. The Chair of the Committee, Ana Peláez, regretted the State’s position, “however, the work that the Committee has and the obligations and responsibilities that they assume in relation to the States Parties, makes us continue to advance in today’s work.” 

Law 1055: The Law with the Most Effects on Women 

The Committee’s Rapporteur for Nicaragua, Leticia Bonifaz Alonzo, expressed her deep concern that in the Central American country “femicide is not an autonomous crime.” The reforms limit the definition of femicide to the murder of women in the context of a relationship. It is also a matter of concern that victim-aggressor mediation has been incorporated, which increases the risk of impunity and exposes victims to re-victimization and reprisals.

“The figures provided by non-governmental organizations show how violence against women has increased,” she added. 

She then recalled that, between 2020 and 2021, the State issued three laws with content contrary to international human rights instruments:  Law 1040, Law on Foreign Agents which, with the indication that “they have interference in internal affairs,” has made it impossible for non-governmental organizations to accompany, protect and empower Nicaraguan women,  as well as the deprivation of their patrimony and forced abandonment of the country.  Law 1042, known as the “Gag Law” because it violates the freedom of expression of women human rights defenders;  and Law 1055 “Law for the Defense of the Rights of the People to Independence, Sovereignty and Self-Determination for Peace,” has seriously affected the civil and political rights of women. According to the expert, Law 1055 is the law that has most affected women human rights defenders.

In addition, “there are particular patterns of aggression against women, such as arrests and theft of personal items and the disproportionate presence of members of the armed forces,” Bonifaz said.

Arbitrary Detentions and Statelessness, Latent Threats to Women Defenders

“Women’s participation has been restricted due to gender-based violence against women human rights defenders. Women defenders are under siege in the State party,” warned expert Marion Bethel. In the last four years, women’s rights organizations have documented approximately 7,000 cases of attacks against women human rights defenders.

In addition, women’s human rights defenders and activists who oppose the government face possible loss of nationality in retaliation, leaving them in a situation of statelessness, a condition that hinders the exercise of other rights such as health, education, decent employment and family life. 

“The State party (Nicaragua), through legislative amendments, has arbitrarily deprived some persons of their nationality, and this is contrary to international human rights law,” he told the Committee. 

According to alternative reports from 2023, around 222 people who are stateless are mothers and fathers of children who continue to live in Nicaragua. For the expert, this violation of fundamental rights puts them at greater risk of discrimination and “exacerbates the vulnerability of women and girls who may already be exposed to gender-based violence and human trafficking.” 

Indigenous and Afro-descendant Women in the Absence of Protection

“Violence against women in the autonomous regions along the North and South Caribbean Coast continues to increase, particularly in the case of indigenous women who have legal provisions and protection orders,” said expert Rangita de Silva de Alwis. 

In August 2021, two women were sexually abused in an attack related to a gold mining dispute in the Mayangna Sauni As territory.

Expert Bandana Rana emphasized the determined struggle of Afro-descendant women as they confront challenges related to the preservation and respect of the treaty that grants them the right to inhabit their ancestral lands, preserving their unique customs and resources. The expert lamented that the incursions of third parties in the Mosquitia have worsened the human rights situation of Afro-descendant women, since “violence is committed against women, girls and adolescents, which includes murders and forced displacement.” 

In relation to health on the Caribbean Coast, expert Dafna Hacker said that “there is a gap between the law and reality,” since in general terms, there is a lack of health services that impacts especially women “due to a high prevalence of malaria, fever, dengue, HIV/AIDS, as well as the remoteness of care centers and the high costs of transportation.”

On several occasions, the Chairperson of the Committee called on the State of Nicaragua to express its point of view on the issues. Nonetheless, an unsettling silence prevailed in all of them. 

Finally, the Chair expressed her deep disappointment and concern over the accusations made by the State in relation to the work of the Committee and its experts “which call into question the loyalty, honor, impartiality, true commitment, and full awareness that all the experts of this Committee make when they assume their responsibilities and duties”. Despite these insults, the President insisted that they are willing to “extend their hand” and “open the doors” to the State of Nicaragua.

Pronouncement 

The Institute on Race, Equality and Human Rights (Race and Equality) rejects the position of the State of Nicaragua, which disrespects the work of the Committee and the civil society organizations that exercise their legitimate right to participate in this process. Both with respect to the Committee and with respect to the organizations, the State refers in disqualifying and inappropriate terms, completely refusing to be held accountable for its actions and seeking to circumvent its international obligations towards women. 

This pattern of non-compliance by the State of Nicaragua with its international obligations in the area of women’s human rights undoubtedly requires a forceful response from the international community.

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The committee will submit its concluding observations before the end of the current session. The concluding observations will be adopted at the 87th session in February 2024.