Committee on the Rights of Persons with Disabilities Reviews Reports of Nicaragua in Absence of a Delegation

The Committee on the Rights of Persons with Disabilities this morning reviewed the initial, second and third periodic reports of Nicaragua in the absence of a delegation.

Committee Experts questioned Nicaragua on violence against women and girls with disabilities; emergency protocols for persons with disabilities, including for major storms; the persecution of activists with disabilities; and attacks against indigenous people with disabilities, among other issues.

Amalia Gamio Rios, Committee Expert and Rapporteur for the reports of Nicaragua, said there were restrictions on persons with disabilities, particularly when it came to decision making. The Committee did not know if there was a proper complaints mechanism. Poverty affected children with disabilities, particularly those in rural areas. The Committee was concerned about cruel and inhumane treatment of persons with disabilities in their homes. Between 2017 and 2022, 202 civil society organizations, activists, and human rights defenders, including persons with disabilities, had been persecuted.

Another Expert asked if there were any clear measures to ensure any policies on gender were disability inclusive, based on the human rights approach? One Expert said a series of attacks against indigenous communities had left many dead and affected their rights to land and survival. What measures had been taken to ensure indigenous people with disabilities affected by these attacks were provided with support?

Summaries of the public meetings of the Committee can be found here, while webcasts of the public meetings can be found here. The programme of work of the Committee’s thirtieth session and other documents related to the session can be found here. The Committee’s concluding observations on the reports of Nicaragua will be issued on the last day of the session, on 22 March.

The Committee will next meet in public at 10 a.m. on Monday, 18 March for a follow up dialogue with Spain.

Reports

The Committee has before it the initial, second and third periodic reports of Nicaragua (CRPD/C/NIC/1), (CRPD/C/NIC/2) and (CRPD/C/NIC/3).

Statement by Committee Chairperson

GERTRUDE OFORIWA FEFOAME, Committee Chairperson, regretted that Nicaragua had not sent a delegation to present the reports and engage in dialogue with the Committee, despite repeated steps taken by the Committee and the Secretariat to cooperate with Nicaragua. The Committee reminded Nicaragua of its international obligations. The doors for cooperation were still open, and the Committee looked forward to receiving Nicaragua for a dialogue in the future. In the absence of a delegation from Nicaragua, the Committee would continue with the dialogue.

Questions by Committee Experts

AMALIA GAMIO RIOS, Committee Expert and Rapporteur for the report of Nicaragua, said it was sad that the dialogue today would be a monologue instead. Nicaragua had failed to respond to the Committee despite repeated requests. It was the biggest country in the region and had a multi-ethnic population. It was also rich in culture, flora, fauna, and traditions. However, due to violent protests in the country, 328 people had died. There were restrictions on persons with disabilities, particularly when it came to decision making. The Committee did not know if there was a proper complaints mechanism.

Poverty affected children with disabilities, particularly those in rural areas. Information had been received that the North Caribbean coast had many situations of violence, particularly rape of deaf persons and those with psychosocial disabilities. There needed to be standalone criminalisation of torture in police stations. The Committee was concerned about cruel and inhumane treatment of persons with disabilities in their homes. Between 2017 and 2022, 202 civil society organizations, activists, and human rights defenders, including persons with disabilities, had been persecuted.

Had measures been taken to recognise non-discrimination against persons with disabilities in the Constitution? How often did the Office of Persons with Disabilities meet? Was there a specific mechanism to process complaints? Nicaragua had been recognised for its efforts in reducing the gender imbalance; did the laws cover violence against women and girls with disabilities? Did the campaign against early pregnancy include a disability perspective? What actions had been taken to reduce poverty for young persons with disabilities? What efforts were being made to shift the medical approach to a human rights-based approach? Twenty-seven cases of enforced disappearances had been documented regarding the 2018 crisis. What had happened to these people? How many were persons with disabilities? How many of the 526 femicides were perpetrated against women and girls with disabilities? What was being done to combat this serious offence?

An Expert asked if there were there any clear measures to ensure any policies on gender were disability inclusive, based on the human rights approach?

A Committee Expert asked if organizations of persons with disabilities were run by persons with disabilities? What were the measures taken to combat stigma, harmful practices, bullying, hate crimes, and discriminatory language against persons with disabilities? Disabilities were associated with the evil eye or family curses. What measures were being conducted by the State to raise awareness about persons with disabilities?

Another Expert said Nicaragua had not included women in their social programmes. Women with disabilities were unprotected. What actions needed to be taken to ensure the inclusion of women in these programmes? How were persons with disabilities identified in the risk map of each territory? What mechanisms were used in the hospitalisation of persons with disabilities, who were totally dependent on the people accompanying them?

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Rapporteur for the reports of Nicaragua, regretted the fact that Nicaragua were not part of the dialogue. Work had been done to try and coordinate with the families of short stature individuals to offer them support. It had been complicated to do this. What measures was Nicaragua taking in this regard, including to repeal discriminatory laws?

An Expert said Nicaragua’s lack of response was an affront to persons with disabilities in the country. What measures were adopted to guarantee that persons with disabilities were notified of all steps that had to do with the strategies on humanitarian disasters and armed conflict? What measures were adopted for those strategies to be inclusive? How was it ensured that all persons with disabilities were reached in all cases of emergencies and risk, and that all plans were designed in line with their needs? What measures were adopted to protect the lives and safety of persons with disabilities by providing assistive devices and accessible mobile phones?

A Committee Expert asked how it was ensured that a gender and disability perspective was included across all policies? What measures had been adopted to ensure that the principle of the best interests of the child were considered in mainstream strategies? What budget was allocated to improve accessibility for persons with disabilities to public services?

AMALIA GAMIO RIOS, Committee Expert and Rapporteur for the report of Nicaragua, said information had been received that family violence was ongoing for children with disabilities. What measures had the State taken to prevent this serious situation? What actions was the State party taking to ensure deaf people had full access to communication? Were there any plans to amend the Civil Code of the Family? What measures were being taken to prevent violence against women with disabilities, particularly deaf women, or women with psychosocial disabilities?

How many women with disabilities had been summoned for politically motivated interrogations, given that information had been received that this had been carried out without due process? Arrests without warrants continued to take place. What actions were taken by the State to solve these serious problems? How many persons with disabilities had been deprived of their liberty in the penitentiary system and in psychiatric hospitals? Had the initiative to prevent violence against persons with disabilities been passed?

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Rapporteur for the reports of Nicaragua, said three major storms had struck Nicaragua over the years, leaving tens of thousands of people displaced. It was still not known how many of these victims were persons with disabilities, or how many shelters were accessible for persons with disabilities. What emergency protocols were in place for persons with disabilities in these situations?

A Committee Expert said persons with disabilities were often forced to live under guardianship in Nicaragua. There had been a case of a deaf woman who had received forced sterilisation in her adolescent years. What actions was the State party taking to redress such violations?

Another Expert asked what measures were being taken to replace guardianship with supported decision-making? What measures were being taken to repeal all laws which deprived the legal capacity of persons with disabilities? Could information be provided on steps taken to ensure the rights of persons with disabilities to live independently in the community? What were the strategies for deinstitutionalisation?

One Expert asked what measures had been taken to provide training for those working in the administration of justice?

An Expert said a series of attacks against indigenous communities had left many dead and affected their rights to land and survival. What measures had been taken to ensure indigenous people with disabilities affected by these attacks were provided with support? What had been done to protect internally displaced persons with disabilities, and those who were stateless?

A Committee Expert asked how Nicaragua protected children and those with psychosocial disabilities from deprivation of liberty and forced hospitalisation?

AMALIA GAMIO RIOS, Committee Expert and Rapporteur for the reports of Nicaragua, asked if there was a specific inclusion policy which included community support to ensure persons with disabilities could live independently? Had accessible housing been provided? Were there any programmes to monitor centres to ensure there was no violence?

Another Expert asked what measures were taken to ensure the presence of concrete safeguards and relevant laws to protect children with disabilities from violence and abuse? What was the coverage of programmes which aimed to increase the issuance of documents for persons with disabilities, particularly for those in rural areas?

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Rapporteur for the reports of Nicaragua, said Nicaragua was trying to start a national production of protheses, but this was only centralised in urban areas. How many persons with disabilities had access to these protheses? What types of supports had been provided? What measures was the State taking to guarantee basic functioning rehabilitation? How did the Nicaraguan State provide access to communication for persons with hearing impairments? What measures were public institutions using to disseminate information about their work in formats which were accessible for all persons with disabilities? How many sign language interpreters were employed in public institutions so persons with disabilities had access to information on an equal footing with others?

What actions were being taken by the State so that persons with disabilities could access public or personal information on their own without resorting to third parties? How was it ensured that persons with disabilities could decide to start a family and were not deprived of that right, particularly those with intellectual disabilities and psychosocial impairments? What actions had the State taken to provide free and informed access to contraceptive measures to persons with disabilities throughout the national territory, including in remote areas?

More than 70 per cent of schools inspected had physical barriers, which made it difficult for students with disabilities to move around. What had been done to remove these barriers to allow students with disabilities to access these schools? What actions had the State party taken to bolster the inclusion in schools of persons with disabilities, so they were not limited to urban centres? What measures were taken to inform staff about disability and ensure they had the necessary inclusive education? What actions had the State taken in cases of persons with psychosocial disabilities who had been offered medication which kept them numb? Was the National Centre for Rehabilitation for the Blind operational? How were such services being rolled out to those in the more remote regions? How many protheses had been produced for those living with physical disabilities? What was the procedure to provide access to prosthetics to persons with disabilities?

How would the State ensure persons with disabilities working in the informal economy also had access to social protection? What actions had the State taken to adopt the draft bill which had been backed by approximately 43,000 signatures for a monthly support for persons with disabilities? What had been done to allow persons with disabilities to have the right to vote and run for a position in public office? What actions did the State need to take to improve the statistical information on persons with disabilities? Who was entrusted with the responsibility of compiling information on persons with disabilities? Were there plans for an independent autonomous mechanism to follow up on the fulfilment of the Convention?

Another Expert asked how the State party protected freedom of expression for children and adults with disabilities on dissenting views?

A Committee Expert said the State had commendably embarked on the training of teachers on how to teach children with disabilities. Were students provided with the requisite learning technologies to aid in their learning experience? How many students with disabilities were in tertiary institutions? How soon would the Government ratify the Marrakech Treaty to ensure greater access to published works for those with disabilities?

An Expert said a total of 27 universities had been closed recently in Nicaragua. What impact had this had on students with disabilities? How did students with disabilities request reasonable accommodation and register complaints?

Another Expert asked about steps the State had taken to provide adequate support to families that had children with disabilities? How many woman health centres were accessible to all types of disability?A Committee Expert asked what provisions had been taken to provide technical assistance to persons with disabilities?

An Expert asked what measures were in place to ensure persons with disabilities access to justice? How was justice for persons with disabilities ensured on an equal basis with others?

Another Expert asked what measures were being taken to recognise Nicaraguan sign language as an official language?

An Expert asked what measures were being taken to promote care in family settings, rather than institutional settings, for children with disabilities who had no parental care? What was being done to ensure accessibility of family planning and reproductive services? What efforts had been made to increase budgetary allocations to ensure the access of women with disabilities to affordable health care services, particularly in rural areas? What was the extent of public support to promote entrepreneurship for persons with disabilities?

A Committee Expert was disappointed that the Nicaraguan Government had not attended the session. What policies were being implemented on health care for women and girls with disabilities?

AMALIA GAMIO RIOS, Committee Expert and Rapporteur for the reports of Nicaragua, asked about the 7,000 cases of aggression against human rights defenders, among which there were persons with disabilities? It was concerning that the Civil Code prohibited persons with disabilities from getting married. Was there a planned amendment of this article in the Civil Code? Was there active involvement in all ministries to have true figures on persons with disabilities? Was there international cooperation concerning persons with disabilities? When would there be an independent monitoring mechanism for the Convention? How did the State intend to solve the situation whereby only 10 per cent of persons with “severe” disabilities were able to receive regular care? How many persons with disabilities were in extreme poverty, particularly in rural and remote areas? Ms. Gamio Rios expressed her deep regret over the State party’s absence.

A Committee Expert asked how the State would confer the independence of the national human rights institution?

An Expert asked how persons with disabilities and their representative organizations were engaged in international cooperation?

Concluding Remarks

ROSA IDALIA ALDANA SALGUERO, Committee Expert and Rapporteur for the reports of Nicaragua, said the Committee’s task of assessing the implementation of the Convention was very difficult, due to the absence of the delegation. The loud silence showed a lack of consideration for the rights of persons with disabilities in Nicaragua. The State party was invited to submit its answers in writing. The Committee wanted the State party to go from statements to action for the benefits of persons with disabilities in Nicaragua, particularly women and girls. The Committee urged that the agreement signed with the Nicaraguan Confederation of Persons with Disabilities be reconsidered strongly. In Latin America, poverty and disability were tightly intertwined, and Nicaragua was no exception to this rule. The Committee called for the immediate repeals of laws 1040 and 1115, to make it possible for persons with disabilities to organise themselves and raise their voices in free, safe spaces.

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