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

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

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

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

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

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

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

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

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

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

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

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

Statement

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

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

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

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

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

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

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

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

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

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

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

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

Statement

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

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

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

Race and Equality celebrates the adoption of the UN resolution for the protection of african people and afro-descendants against police violence

Washington DC, July 15, 2021 – The Institute on Race, Equality and Human Rights (Race and Equality) celebrates the adoption, by consensus, of Resolution A/HRC/47/L.8 Rev.1, which aims to promote and protect African and Afro-descendants against excessive use of public force. This resolution was voted on at the 47th  General Assembly of the United Nations High Commissioner for Human Rights (HRC47), in which Michelle Bachelet, UN High Commissioner for Human Rights, presented her report on the subject, calling on member states to dismantle systemic racism and end police violence. This ruling is a historic step towards reforming systemic police brutality against the black population.

The Resolution establishes an international mechanism of independent experts to promote transformative changes to justice and racial equality. This mechanism should be composed of three experts with experience in law enforcement and human rights, who will be appointed by the President of the Human Rights Council, under the guidance of the High Commissioner. To this end, the mechanism must work closely with experts from international bodies and treaties.

Additionally, this same mechanism will be responsible for investigating the responses of governments to peaceful protests against racism and all international human rights violations, as well as contribute to accountability and reparation of victims. The mechanism will be presented to the UN Council annually, together with the High Commissioner, who will also present an annual report, to be declared at its 51st session in June 2022.

Furthermore, it should be noted that the adopted Resolution recognizes the legacy of slavery, colonialism, and the transatlantic slave trade of African peoples. This recognition dialogues with the 21-year-old Durban Conference, whose Durban Declaration and program of action cite the link between the past, present and future, recognizing that Afro-descendants continue to be victims of the consequences of slavery, the slave trade and colonialism. Thus, both documents call for the former colonial powers to assume the consequences of colonization and its impacts on today’s black population around the world.

In presenting her report, Bachelet reiterated that, “no state has taken full responsibility for the past or the current impact of systemic racism,” thus confirming the urgent need for measures to ensure an end to impunity and discriminatory policies. Thus, the promotion of racial justice and equality pervades the adoption of reparatory policies against systemic racism in Western nations affected by colonialism

In view of this resolution, we also praise the importance of human rights organizations and defenders who are part of the anti-racist struggle. Through their advocacy work, the committee against racial discrimination, the rapporteur on racism and the working group on Afro-descendants have made numerous recommendations to the UN system for the protection of human rights.

Towards a Global Transformative Agenda

The implications of Resolution A/HRC/47/L.8/Rev.1 of the Human Rights Council adopted by the UN are the results of a historical demand of the black population around the world. Michelle Bachelet’s mandate research under Resolution 43/1, provides concrete recommendations on the measures needed to ensure access to justice, accountability, reparation for excessive use of force, and other human rights violations against the black population. The case of George Floyd in the US brought to light racial debate versus police violence on a global level. Therefore, investigating the violent responses of governments towards peaceful protests against racism and supporting the victims of human rights violations was made as an urgent response from international mechanisms.

That said, the attack on democracy by the States is carried out as an attempt to weaken both the anti-racist struggle and the guarantee to fundamental rights. Therefore, among the pillars of reparations to African and Afro-descendant peoples is the establishment of independent monitoring mechanisms and standardized methods to report and review the use of force. Furthermore, data should be published and broken-down by race or ethnic origin of the victims, highlighting the racial profile, the cause of deaths and serious injuries that are related to the maintenance of order, and subsequent prosecutions and convictions.

Statement on Police and Political Violence in Brazil

On the occasion of the UN’s HRC47, Race and Equality with Brazilian and international human rights organizations, denounced the ongoing police and political violence in Brazil as a result of systemic racism. The neglect of the Brazilian government in the face of constant allegations of human rights violations, both in the political sphere and in the public and private spheres, highlights how the structure that supports the maintenance of racist practices is ingrained in its institutions, especially in those in which the state seeks to impose order through violence—the police institution.

Thus, Race and Equality in partnership with the Marielle Franco Institute (IMF), IMADR and Minority Rights, [1] denounced police violence against the black population in Brazil. The statement, delivered by Anielle Franco, Executive Director of the IMF, urges the United Nations to establish an independent and impartial mechanism within the police forces that will help ensure accountability and respect for human rights standards and ensure that all cases of disproportionate use of force are investigated. In addition, the statement highlighted the recent cases of the Chacina do Jacarezinho, in which the excessive use of police force resulted in the brutal murder of 25 black youths in Jacarezinho, a favela in Rio de Janeiro; and the case of Kathleen Romeu, a 24-year-old pregnant black girl, shot dead during an illegal police operation in the Lins Vasconcelos Complex, also a favela in Rio de Janeiro.

In another complaint to the UN Council, Race and Equality and The International Lesbian, Gay, Bisexual, Trans and Intersex Association (ILGA Mundo), the Brazilian Association of Lesbians, Gays, Bisexuals, Transvestites, Transsexuals and Intersexes (ABGLT) [2] was to denounce not only police violence, but also political violence that has haunted, delegitimized and silenced the Brazilian LGBTI+ population. The statement highlighted the case of Luana Barbosa, a black woman, mother and lesbian, brutally murdered by police in 2016, whose case was mentioned in Bachelet’s report. In addition, the implications of systemic racism traversed by sexism, makes the LGBTI+ population hostage not only of police brutality, which disrespects its gender identities in a violent way, but also hostage to the anti-gender agenda promoted by the current government, already institutionalized in the promotion of hate speech and closure of specific public policies that serve the LGBTI+ population.

Thus, it is worth remembering that the brutality of police violence in Brazil disproportionately affects the racialized population and people who express different genders. With the promotion of a state security policy that aims to eliminate these bodies, the system relies on the racist and LGBTIphobic structures and commands an eye-catching necropolitical project aimed at an agenda of ethnic-racial cleansing, promoting the genocide of the black population. Presented as a fait accompli by the government to disregard the injunction of the Supreme Court (STF) that restricts police operations in the city’s favelas during the COVID-19 pandemic, has resulted in more than 800 people killed by police since June 2020.

Responses from the States in the Region

In response to the complaints, the Brazilian state lamented the deaths cited by the High Commissioner’s report, making itself available to continue cooperating with the UN. Furthermore, the state informed that the justice system is investigating cases and intends to work on systemic responses and proposes to work specifically on human rights education for public authorities.

The Colombian government on the other hand, questioned the data presented on the murders of Afro-Colombian leaders and people during the National Strike, thus demanding that they be verified. In this way, it sought to delegitimize the protests that took place, emphasizing that the State does not tolerate violence by public servants that violate human rights— facts that can be proven both by media footage and by the constant denunciations of aggressions and deaths.

Race and Equality urges the States in the region to fully cooperate with the UN mechanism created to end impunity for racialized state violence; ensure accountability and remedies; and confront the roots of racism. In the case of Colombia, we express concern about the government’s negative response and our hope that the Colombian authorities will investigate and publicize human rights violations and killings against Afro-descendant defenders amid the National Strike protests.

As for Brazil, we hope that the State will follow up on investigations and on a human rights cooperation policy aimed at ending police violence and impunity for those responsible. We emphasize that Brazil needs to effectively implement the Inter-American Convention against Racism. Thus, we reaffirm our commitment to monitoring human rights violations by States and ensuring the implementation of this Resolution by the UN mechanism, so that it can work together with special procedures to strengthen accountability in the administration of racial justice. Finally, we believe that it is essential that the UN can ensure the participation of Afro-descendant peoples and communities in the formulation and implementation of States’ responses to systemic racism.

 

[1] Access the pronouncement: https://bit.ly/3yXYcfO (available only in English)
[2] Access the pronouncement: https://bit.ly/3r9WhC4 (available only in English)

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

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

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

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

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

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

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

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

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

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

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

Thank you Madam President.

2021 CERD election today – Need for greater geographic diversity and competition in future

Geneva, Switzerland. 24 June 2021.– Today, the 182 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) were invited to vote to appoint half of the membership of the UN Committee (CERD) that is functioning as the guardian of that Convention. They elected 4 new experts and re-elected 5 members who were already sitting on the Committee, among a pool of 11 candidates.

New members include Mr. Michał Balcerzak (Poland), Ms. Régine Esseneme (Cameroon), Ms. Gay McDougall (USA) and Ms. Mazalo Tebie (Togo).

They will join 5 experts, whose terms as members of the CERD were coming to an end, and who have been re-elected for another four-year period: Mr. Nourredine Amir (Algeria), Ms. Chinsung Chung (Republic of Korea), Mr. Bakari Sidiki Diaby (Côte d’Ivoire), Mr. Gün Kut (Turkey), Mr. Yeung Kam John Yeung Sik Yuen (Mauritius), as well as the 9 other members of the Committee, whose mandate will expire in 2024[1].

Minority Rights Group International (MRG), the International Institute on Race, Equality and Human Rights (Race & Equality) and the International Movement Against All Forms of Discrimination and Racism (IMADR), congratulate the newly elected CERD members and those who were re-elected.

Following the historical milestone achieved at the last election,[2] our organisations welcome the continuation of gender parity in the Committee after today’s election. Indeed, with the election/re-election of 4 women, half of the Committee’s seats will be held by women from next year. We assert that gender diversity in the CERD membership is critical to the quality of its work, and to its legitimacy. We call on the newly composed Committee to expand and strengthen the CERD’s efforts to address intersections of racism and racial discrimination with discrimination based on gender, sexual orientation and gender identity, among other grounds for multiple and intersecting forms of discrimination.

However, in contrast, we regret that equitable geographical distribution in the CERD membership is yet to be achieved. No State from Latin America and the Caribbean region nominated candidates for this year’s election, which will make it the second least represented region from 2022. Eastern Europe continues to be least represented with only one member. On the other hand, the representation of the African region will increase from 33% to 44% from next year. We recall that Article 8 (1) of the Convention and General Assembly resolution 68/268[3] encourage States parties to ensure equitable geographical distribution in the Committee membership. The situation of racial discrimination is unique to each country and region, and balanced regional representation in the membership is crucial for the Committee as the global monitoring body.

Furthermore, our organisations are deeply concerned that this year saw the lowest number of nominations of candidates by States parties in the last 10 years[4]. A truly competitive election process is key to further the quality, the independence, and the diversity of the Committee membership. We strongly encourage States parties to contribute to a large and strong pool of candidates by nominating human rights experts of high moral standing who have recognised competence and experience in the field covered by the Convention, and are independent, in line with GA resolution 68/268 and Article 8 (1) of the Convention. Almost 100 States have received the UPR recommendation to “[a]dopt an open, merit-based selection process when selecting national candidates for UN Treaty Body elections”[5], and the majority of them supported it. In addition, the UN Secretary General recommended national competitive selection processes for the nomination of Committee experts, and/or other independent vetting processes[6]. We call on States parties to nominate candidates through such processes for future elections.

In an effort to promote a merit-based and transparent CERD election process, our three organisations circulated a questionnaire to all candidates regarding their background, relevant experience and vision of their future work as a member of the Committee. Responses received were then posted on a dedicated website: www.untbelections.org, and shared with States parties two months ahead of the election in order to help them learn the qualifications of the respective candidates and inform their decisions.

Our three organisations remain committed to contributing to efforts to strengthen the work of the CERD, the main guardian of international human rights standards against racial discrimination. Now more than ever, the CERD has a crucial role to play to participate in normative developments and to call out States for their failure to eliminate often persistent patterns of discrimination and violence affecting people belonging to racialised communities such as people of African-descent, minorities, people discriminated on the basis of caste or descent, indigenous peoples, stateless persons, migrants including refugees and asylum-seekers.

Background:

The Committee on the Elimination of Racial Discrimination is composed of 18 independent experts.

Members are elected for a term of 4 years by States parties from among their nationals, consideration being given to equitable geographical distribution and to representation of the different forms of civilization as well as of the principal legal systems, in accordance with Article 8 of the ICERD. 

Elections are held every 2 years at a meeting of States parties held at the UN headquarters in New York.

The newly elected members will begin their term in January 2022 and their mandates will expire in January 2026

For further information, please contact:

Taisuke Komatsu (IMADR) at tkomatsu@imadr.org

Glenn Payot (MRG) at Glenn.Payot@minorityrights.org

Tania Agosti (Race & Equality) at agosti@oldrace.wp

 

[1] Ms. Ali Al-Misnad (Qatar), Mr. Guisse (Senegal), Ms. Li (China), Mr. Rayess (Mauritania), Mr. Payandeh (Germany), Ms. Shepherd (Jamaica), Ms. Stavrinaki (Greece), Ms. Tlakula (South Africa), Mr. Vega Luna (Peru)

[2] https://imadr.org/joint-communique-cerd-election-2019/

[3] https://undocs.org/A/RES/68/268

[4] The number of nominees since 2011: 16 (3 withdrawn) in 2011; 17 (1 withdrawn) in 2013; 13 (1 withdrawn) in 2015; 16 (1 withdrawn) in 2017; and 16 (2 withdrawn) in 2019.

[5] Albania, Algeria, Andorra, Angola, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahamas, Bahrain, Barbados, Belize, Benin, Botswana, Brazil, Bulgaria, Burkina Faso, Burundi, Cabo Verde, Central African Republic, Chad, Chile, Costa Rica, Côte d’Ivoire, Croatia, Cyprus, Czech Republic, Djibouti, Dominica, Ecuador, El Salvador, Ethiopia, Fiji, Finland, France, Georgia, Germany, Gabon, Ghana, Grenada, Guatemala, Guinea Bissau, Guyana, Honduras, India, Indonesia, Italy, Jamaica, Japan, Kuwait, Lebanon, Lesotho, Liberia, Liechtenstein, Luxembourg, Madagascar, Malawi, Maldives, Mali, Malta, Marshall Islands, Mauritania, Mauritius, Monaco, Mongolia, Montenegro, Morocco, Nauru, Nepal, New Zealand, North Macedonia, Norway, Panama, Peru, Poland, Portugal, Qatar, Republic of Korea, Republic of the Congo, Romania, Saint Kitts and Nevis, Saint Lucia, San Marino, Senegal, Serbia, Slovakia, Slovenia, South Africa, Spain, Sweden, Switzerland, Tonga, Tunisia, Tuvalu, United Arab Emirates, Vanuatu

[6] A/74/643, paragraph 71

 

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

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

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

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

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

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

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

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

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

Statement 

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

One year after the killing of George Floyd, Race and Equality calls for strengthening human rights mechanisms to combat systemic racism and police brutality

Washington, D.C.; May 25, 2021.- One year after the killing of George Floyd by four police officers in Minneapolis, Minnesota, the International Institute on Race, Equality and Human Rights (Race and Equality) reiterates our call to international human rights bodies and states to re-double their efforts to combat systemic racism and police brutality, including by strengthening mechanisms related to UN Human Rights Council Resolution 43/1. We also call on the United States government to listen to victims and survivors who demand justice, reparations, and guarantees of non-repetition.

George Floyd’s death, which was recorded by a witness and broadcast across social media, provoked protests across the U.S. and around the world under the banner of Black Lives Matter, with protestors repeating Floyd’s cry, “I can’t breathe.” The worldwide outrage at his killing moved the UN Human Rights Council to call an emergency session on “current racially inspired human rights violations, systemic racism, police brutality and violence against peaceful protests” on June 17, 2020.

Only two days later, the Council adopted Resolution 43/1 on “Promotion and protection of the human rights and fundamental freedoms of Africans and of people of African descent against excessive use of force and other human rights violations by law enforcement officers,” which calls upon human rights bodies to devote their attention to the issue of racism and demands that states take an active role to eliminate racism and racial discrimination.

In March 2021, UN High Commissioner for Human Rights Michelle Bachelet delivered an update on Resolution 43/1, informing the Council that she will present a full report in June of this year. Her report will “recommend an agenda for transformative change to dismantle systemic racism and police brutality against Africans and people of African descent, and to advance accountability and redress for victims.”

Deaths at the hands of U.S. police forces have continued since George Floyd’s killing.

Race and Equality applauds the willingness of the Human Rights Council and other international organizations to take action against racism and police violence around the world. Racist police violence is a critical problem facing Latin America and the Caribbean, as revealed in incidents such as the massacre of 25 people in the favela of Jacarezinho, Rio de Janeiro, Brazil and the disproportionately violent response of Colombian security forces to protests across the country.

With Colombia gripped by a nationwide general strike, the Colombian organization Consultancy on Human Rights and Displacement (CODHES) recently published a report documenting 39 people killed during the protests in Cali and Yumbo (Valle del Cauca department), of whom at least 11 were Afro-descendants, 1 was indigenous, and 9 were mestizo.

Race and Equality hopes that states will take swift action to combat systemic racism and police brutality, both of which fundamentally violate the rule of law. States should also put their international human rights obligations into practice by signing and ratifying the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance. We hope that the UN human rights system’s increased attention and devotion of resources to these issues will be continued, and that the Inter-American human rights system will also continue to monitor and denounce these violations.

Race and Equality is committed to working with our partners across Latin America to defend and promote the human rights of Afro-descendants and other historically vulnerable and marginalized populations. We will continue our efforts to build the capacity of grassroots rights defenders, document the situations of vulnerable populations, and advocate for change to achieve a more just and equal society.

In anticipation of global UN Forum, first Americas Regional Forum on minority issues gathers recommendations to protect marginalized and vulnerable groups

Washington, D.C.; May 12, 2021.- The first Americas Regional Forum on “Conflict prevention and the protection of the human rights of minorities” took place on April 27 and 28, 2021 with the participation of governmental leaders, regional and international institutions, United Nations bodies, and civil society organizations, including the International Institute on Race, Equality and Human Rights (Race and Equality). Race and Equality also provided logistical support to the forum.

The Forum, held virtually due to the ongoing COVID-19 pandemic, was convoked by UN Special Rapporteur on Minority Issues Fernand de Varennes and is one of four regional forums (Europe, Asia, Africa, and the Americas) gathering information for a thematic report that the Rapporteur will present during the 49th Session of the UN Human Rights Council in March 2022.

The ideas and recommendations raised during the Forum will also be discussed at the 14th UN Forum on Minority Issues, to be held in Geneva in December 2021.

Topics of discussion

Throughout the Forum, participants discussed the importance of protecting the human rights of minorities in initiatives to prevent, mitigate, and end conflict. Discussants identified the legal, institutional, and political challenges to recognizing and protecting the human rights of minorities, especially in contexts where long-standing injustices and grievances pose a risk of armed conflict. The fact that the rights of minorities are often closely related to a conflict’s structural causes, but that minority group’s demands are often ignored in conflict prevention initiatives, was an important finding.

The Forum’s first thematic session, moderated by Race and Equality’s Executive Director Carlos Quesada, discussed “Substantive root causes of contemporary conflicts involving minorities.” Quesada began his remarks by mentioning that two human rights treaties in the Inter-American system – the Inter-American Convention against racism and the Inter-American convention against all forms of discrimination and intolerance – complement the American Convention on Human Rights’ protections of the human rights of minorities. He also remarked that both conventions came into being thanks to advocacy and pressure from civil society.

Lottie Cunningham, founder and president of the Center for Justice and Human Rights of the Nicaraguan Atlantic Coast (CEJUDHCAN), stated that “structural racism is the ideology that maintains ethnic hierarchy, based on a belief that inequalities between indigenous or Afro-descendant communities and the rest of the population is natural and normal, rather than being the result of society’s unjust structures.”

Cunningham called for UN agencies to educate states, private businesses, and civil society on the impacts of environmental racism; increased awareness-raising about the collective human rights of indigenous and Afro-descendant peoples, especially related to the impacts of private business on their territorial rights; and electoral mechanisms to guarantee full participation of minorities in public life, in keeping with their traditional practices.

Marino Córdoba, president of the National Association of Displaced Afro-Colombians (AFRODES), emphasized that Colombia’s international treaty obligations require it to protect the human rights of minorities, but that the extent to which these obligations are being met is questionable, with social leaders belonging to minority groups suffering the deadly impacts of armed conflict without guarantees of truth and justice.

Córdoba called on the international community to insist that Colombia fulfill its obligations to protect and promote its people’s fundamental rights. He also recommended greater investment in conflict prevention, particularly greater efforts to prevent Afro-descendant groups from feeling that their traditions, culture, religion, and language are at risk.

The second session, titled “Normative framework: the human rights of minorities and conflict prevention,” featured María Luisa Acosta, coordinator of the Center for Legal Aid for Indigenous Peoples (CALPI) in Nicaragua. Acosta pointed out that indigenous and Afro-descendant peoples face heightened risks of violence, displacement, and dispossession and that states are obligated to protect the rights of all people without discrimination. She continued that when a state fails to do so, the international community plays a vital role, emphasizing the importance of in-country visits from Special Rapporteurs, including the Rapporteurs on minority issues or on indigenous peoples, and the work of the UN Human Rights Council and General Assembly.

The third session discussed obstacles to fulfilling the rights of minorities and preventing conflicts from harming these rights. The fourth and fifth session discussed strategies for addressing the weaknesses of existing human rights mechanisms in this regard.

During the third session, UN Independent Expert on sexual orientation and gender identity Victor Madrigal-Borloz praised the inclusive language adopted across the UN as an important tool for conflict prevention. He also stressed the need for an improved and broadened understanding of gender to understand the particular impacts of armed conflict on LGBTI+ populations. Madrigal emphasized that LGBTI+ people face constant violence before, during, and after armed conflicts, due in part to gender stereotypes firmly ingrained in societies. Given this reality, he expressed concern at the low levels of LGBTI+ participation in transitional justice and peacebuilding initiatives. He expressed his hope that the Colombian commission undertakes a specific analysis of the violence suffered by LGBTI+ communities in the country’s armed conflict.

The forum ended with a series of recommendations that drew on the information submitted before the forum, the panels, and attendees’ questions and comments. The recommendations were grouped into twelve categories: 1) Education on human rights, 2) Fighting intersectional inequality and discrimination, 3) Recognizing and accommodating ethno-cultural diversity, 4) Guaranteeing effective participation in public life, politics, the economy, and culture, 5) Educating the public about minorities, 6) Environmental issues, 7) Health issues, 8) Religion, 9) Access to justice, 10) Ending violence, 11) Data collection, y 12) Conflict prevention.

The recommendations generated by the Forum and the other Regional Forums will be distributed and serve as references for the 14th UN Forum on Minority Issues. The Special Rapporteur on minority issues will also use them to prepare guidelines and resources on conflict and minorities.

As was emphasized throughout the Forum, the rights of minorities are human rights and states have an obligation to protect and promote these rights at both the individual and collective levels. The Declaration on the Rights of Persons Belonging to National or Ethnic, Religious and Linguistic Minorities should be implemented alongside states’ other international human rights obligations and without any discrimination for reasons of race, color, sex, sexual orientation or gender identity, language, religion, political beliefs, socioeconomic status, or other condition.

Clément Voule – UN Special Rapporteur on the Rights to Peaceful Assembly and of Association: “I call on the government of Nicaragua to guarantee the right to peaceful assembly during the electoral process.”

Washington, D.C., April 21, 2021 – Since the societal eruptions began in April 2018, the government of Nicaragua has restricted the rights to freedom of assembly and peaceful protest in a manner that is unprecedented in the country’s recent history.  Furthermore, it recently enacted the Law on the Regulation of Foreign Agents, which has a direct negative impact on the right to freedom of association and led to the closure of civil society organizations that decided not to submit to it.

The UN Special Rapporteur on the Rights to Peaceful Assembly and of Association, Clément Voule, has repeatedly expressed his willingness to visit the country to learn first-hand about the situation regarding the freedoms of association, assembly, and peaceful protest.  In addition, together with other United Nations Rapporteurs, he has issued statements regarding the enactment of laws that are contrary to Nicaragua’s international human rights obligations.

In this interview with the International Institute of Race, Equality, and Human Rights (Race and Equality) held against the backdrop of the third anniversary of the outbreak of the Nicaraguan sociopolitical and human rights crisis, Voule discusses why it is so important for him to visit the country following the end of the COVID-19 health emergency, and he declares he will continue to appeal to the government to suspend the application of laws such as the Law on the Regulation of Foreign Agents and Special Cybercrime Law.

You have repeatedly expressed your willingness to visit Nicaragua. How do you think that your visit would contribute to improving the State’s performance with regard to freedom of association and freedom of assembly?

Nicaragua is indeed one of the countries that I would like to visit in the near future, once the restrictions imposed by the current sanitary crisis are lifted.

Country visits are conducted in a spirit of cooperation and dialogue. The objective is for the Special Rapporteur to gain first-hand understanding of issues related to the promotion and protection of the rights to freedom of peaceful assembly and of association, including efforts made and challenges remaining.

During an official country visit, the Special Rapporteur will meet with national stakeholders involved in promoting and protecting the rights to freedom of peaceful assembly and of association, including high ranking government officials, members of the legislative and judiciary, members of security and armed forces, police oversight mechanisms, representatives of the national human rights commission, civil society organizations, academics, along with other relevant parties. The purpose is to examine issues related to the realization of these two rights.

I will offer concrete recommendations to support the government’s efforts in strengthening the exercise of the rights to freedom of peaceful assembly and of association.

The Nicaraguan government has suppressed the right to peaceful assembly or demonstration. These prohibitions shape the context for the upcoming November elections and limit the possibility for free exercise of rights during these elections. What appeals would you make to the government in this situation?

According to the information that I received, the Nicaraguan Government since September 2018 has continued to ban public demonstrations organized by any group critical of the Government.

These restrictions are undermining the right of peaceful assembly, which is one of the fundamental rights on any meaningful and freely electoral process. I call on the Nicaraguan Government to fully guarantee the right to peaceful assembly in Nicaragua.

Since November 13, 2020, the Special Procedures, including your Rapporteurship, have made pronouncements regarding the Law on Foreign Agents and the Law on Cybercrimes. The Special Procedures have pointed out that both measures raise serious questions of compatibility with Nicaragua’s international human rights obligations. Has the State responded to these communications with any willingness to review the laws or collaborate with your technical assistance? How will the Special procedures continue to insist that these laws be brought into compliance with international human rights standards?

To date, we have not received any reply from the government to the communication OL NIC 3/20201 that was sent last November 2020 on the Law for the Regulation of Foreign Agents and the Special Law on Cyber-crimes. Together with other mandate holders, I detailed a number of concerns about such laws, which they deemed to be in violation of international human rights norms and standards.

One of the most serious concerns is that the Law for the Regulation of Foreign Agents prohibits those labelled as “foreign agent” from ‘intervening in internal political issues, activities or themes’ without defining those terms. This broad prohibition infringes not only the right to freedom of association, but on the rights to political participation, freedom of expression and peaceful assembly and severely limits the ability of civil society organizations, human rights defenders and journalists to raise any policy-related issue or participate in activities deemed political.

The law also includes disproportionate sanctions for non-compliance, as it provides for organizations to be dissolved or their funds sequestered when they fail to comply with minor administrative requirements.

I urge the government of Nicaragua to immediately suspend the application of the law and work with civil society organizations to ensure reforms.

I will continue the engagement with the government on these laws and will continue following closely the situation with the collaboration of local organizations on the ground as well as with OHCHR presence in Panama, who remotely monitors the situation in Nicaragua.

Is it common for your Rapporteurship to face so many obstacles to carrying out an official country visit, as has happened in the case of Nicaragua?

As mentioned earlier, my intention is to visit Nicaragua as soon as the restrictions are lifted and a common agreement with the Government is reached. Allowing and facilitating such visit will also show the government willingness to protect these rights and civic space in the country.

What message would you give to Nicaraguan civil society in a context of escalating reprisals against their work?

I would like to express my admiration to the courage and perseverance of human rights defenders and organisations of civil society in Nicaragua who face countless obstacles in carrying out their work. Since April 2018 my mandate has followed closely the situation in Nicaragua. It is crucial to maintain international attention to the human rights situation in Nicaragua as we are observing serious restrictions of the civic and democratic space, including attacks, harassment and threats to human rights defenders, journalists and social leaders. This is even more relevant in view of guaranteeing free, equal and transparent elections in November 2021. Civil society in Nicaragua have my support and I will continue my engagement with them to address the current crisis. I will also continue to engage with the government to ensure concerns raised by my mandate are addressed and the current situation is reversed.

CALL FOR PARTICIPATION: Americas Regional Forum on Conflict prevention and the protection of the human rights of minorities

CALL FOR PARTICIPATION

Contextualisation

There is a broad global consensus that addressing inequalities and making institutions more inclusive are central to addressing the root causes of conflicts. Most conflicts are characterized by the insufficient inclusion of minorities, and, in the specific context of the Americas, indigenous peoples. Given that this is often coupled with disregard for their identities and grievances, as well as with a denial of their human rights, the main challenge now is to better understand what this means in practice.

Since 2010, the number of major violent conflicts has tripled globally, and much of the increase is in the rise of intrastate conflicts, usually involving minorities. “There are now more violent conflicts globally than at any time in the past 30 years, and the world is also facing the largest forced displacement crisis ever recorded”1.

Peace, stability and justice – in other words preventing violent conflicts – require addressing the core grievances of minorities associated with their exclusion, discriminatory practices in matters of participation in public life and other areas, accommodating their cultures, religions or beliefs, and languages, as well as other breaches of their human rights of significance to protect their existence and identities. The exclusion of and discrimination against minorities rather than ensuring their inclusion and protection in society through the implementation of their human rights, are the main root-causes of most contemporary conflicts.

Preventing conflicts requires addressing these failures in implementation. Guaranteeing the protection of the human rights of minorities, and those of indigenous peoples where they also constitute minorities, and ensuring their implementation before grievances have the chance to fester increases the chances that a conflict might not occur. These are the pathways to respect the dignity and equality of all persons to achieve justice, peace and stability as foreseen in the Preamble of the Universal Declaration of Human Rights and emergence of the international human rights system after the Second World War. The pathways for peace and conflict prevention are therefore to be found in the proper understanding and implementation of the human rights of minorities.

The full concept note for the 2021 Regional Forums is available here.

Objectives

The main purpose of the Americas Regional Forum on “Conflict prevention and the protection of the human rights of minorities” is to provide regional insights, which will feed into the thematic work of the Special Rapporteur for his report to the 49th session of the UN Human Rights Council in March 2022. Furthermore, discussions will inform the work and recommendations of the 14th session of the Forum on Minority Issues, which will take place in Geneva in December 2021.

Specific objectives include:

  1. Develop mutual understanding about the role of the protection of the human rights of minorities in preventing conflicts.
  2. Discuss legal, institutional and policy challenges to the recognition and implementation of the human rights of minorities to address long-standing grievances that may lead to tensions and possible conflicts.
  3. Identify why the root-causes of most conflicts, the denial of the human rights of minorities and their aspirations, are seldom acknowledged or addressed.
  4. Strengthen partnerships among various stakeholders and build capacity to address the root-causes of contemporary conflicts and more effectively prevent conflicts.

Date and Venue

Date: 27th – 28th April 2021

Online Meeting

Participation

The Americas Regional Forum shall be open to the participation of states; intergovernmental organizations including United Nations agencies and mechanisms; national human rights institutions and other relevant national bodies; academics and experts on minority issues; representatives of minorities as well as civil society organizations specializing in minority issues.

Participation is open to individuals involved in minority issues in the Americas region (see list of eligible countries here), and with a clear focus and expertise on conflict prevention and minorities.

All individual participants must register online here. Registration will close at 11pm CEST, Wednesday 21st April 2021.

Participants are encouraged to submit any proposed recommendations in advance of the Americas Regional Forum to regionalforum@tomlantosinstitute.hu. In the event that proposed recommendations are written in French, Portuguese or Spanish, the organizers ask that these be submitted by Friday 23rd April, so that they can be translated. All written recommendations submitted in writing are collated and considered as part of the final set of recommendations developed during the regional forum.

The Americas Regional Forum will be a virtual event.

The Government of Mexico has graciously accepted acting as host for the regional forum.

Further details for joining the meeting will be sent following confirmation of registration, a few days before the event.

Areas of Discussion

In light of the main objectives of the regional forums, the discussions will address the following overarching themes. These will be informed by the framework of international human rights law and standards:

  1. Substantive root causes of contemporary conflicts involving minorities
  2. Normative framework: the human rights of minorities and conflict prevention
  3. Obstacles to implementing the rights of minorities and early effective conflict prevention
  4. Ways forward towards addressing gaps in human rights mechanisms to protect minorities and prevent conflicts

The importance of including gender perspectives in conflict prevention activities has been increasingly recognized in recent years. Therefore, discussions will take into account gender and the role of women in relation to conflict, and sexual orientation and gender identity as well as their specific intersection with minorities.

In addition to the four thematic panels, the regional forum will also include a high-level state panel consisting of several state presentations. This will highlight the positive experiences and lessons learnt by states that have been involved in conflict prevention activities, deepening the understanding about the role of the protection of the human rights of minorities in preventing conflicts.

Outputs

Based on the discussions and the contributions of the participants, the main output produced from the Americas Regional Forum will be a document with practical recommendations reflective of regional contexts and challenges.

Working language of the forum is English. Interpretation will be provided in French, Portuguese, Spanish and Mexican sign language.

1 UNHCR, Global Trends,13

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