Presentation of Report on the Human Rights Situation in Nicaragua

Distinguished President,

Excellencies,

I am pleased to present the report on the human rights situation in Nicaragua pursuant to Human Rights Council resolution 49/3. It also contains a detailed assessment of the implementation of the recommendations addressed to the State by the UN Human Rights Office, mechanisms of this Council and Treaty Bodies, since 2018.

In recent months, the Office has observed the further deterioration of the human rights situation in Nicaragua. This deterioration involves serious violations of civil and political rights, the absence of a national dialogue, the deepening of the political crisis, and the isolation of Nicaragua from the international community. The Government has also continued silencing critical and dissenting voices in Nicaragua, drastically reducing civic space.

The Office is particularly concerned by the continued arbitrary detention of at least 195 people in connection with the socio-political crisis. 50 of these persons were detained in the 2021 electoral context and sentenced this year – in some cases up to 13 years’ imprisonment - in breach of the right to due process. At least 28 or 29 of these persons are still detained in a police detention center in reportedly inhuman conditions. While some of the prisoners have finally been able to see their children, many have been excluded from doing so.

OHCHR continues to document acts of harassment, especially against human rights defenders, journalists, clergymen, and actual or perceived political opponents. In recent months, OHCHR has documented attacks in various forms against the Catholic Church. For instance, in August, police attempted to seize the equipment of a Church media outlet broadcasting from a parish in Sébaco, Matagalpa. Dozens of police officers, including anti-riot units, violently raided the facilities causing damages and held the parish priest, together with six other people, captive for three days without electricity and food. On 19 August, after being under surveillance by the police for two weeks, the Bishop of Matagalpa and eight people were arrested during a police raid and taken to Managua. The Police confirmed launching criminal investigations against them for inciting hatred and violence with the aim of destabilizing the State. A judge extended the detention of the Bishop and seven of the other people for 90 days.

Restrictions on free expression have intensified, illustrated by the shutdown of at least 20 mostly faith-based radio and television stations this year. Attacks on press freedom have led staff of the country's leading daily newspaper being forced into exile, adding to the 120 journalists who, according to civil society, have gone into exile since 2018. 

Attacks on the freedom to associate have increased exponentially. This year, the legal personalities of 1,512 human rights, development and other organizations, professional associations, including medical associations, entities linked to the Catholic Church and others, have been cancelled, totaling at least 1,578 over the past four years.  

As highlighted previously to this Council, our concerns remain about legislation adopted last April subjecting the activities of non-profit legal entities to prior governmental authorization. The Office is also concerned by the situation in the academic sector with the closure of 12 universities and the current regulation subjecting the approval of academic programs of all Universities to the power of a central body. These measures affected university autonomy and academic freedom, essential elements of the right to education.

In November there will be municipal elections in the country. There are serious concerns about these elections in the absence of significant electoral and judicial reforms as recommended by OHCHR and other mechanisms, to bring these norms and the upcoming elections in line with international human rights standards. To illustrate, in April, five opposition mayors were removed from their offices by Government, under the argument that their party no longer has legal personality. Yet, this circumstance is not foreseen in relevant legislation as a cause for removal. Government party members have been appointed to replace the dismissed mayors in contravention of the norms regulating municipal autonomy.

All these restrictions, together with adverse living conditions, have led to a significant increase in the number of people leaving Nicaragua. The number of Nicaraguan refugees and asylum seekers rose to 200,000 persons, with three quarters of them in Costa Rica. In the first six months of 2022, 84,055 people were intercepted at the border of the United States, compared to 5,450 people in all of 2020.

Excellencies,

Nicaragua’s progressive isolation from the international community and its reluctance to cooperate with international human rights bodies and mechanisms are of great concern. The State did not appear before two treaty bodies last July and August when its reports were being reviewed, nor has it implemented most of the recommendations made by OHCHR, the mechanisms of this Council and the Treaty Bodies.

For instance, the Government has not re-established a national dialogue as called for by OHCHR and the UN Committee on Economic, Social and Cultural Rights. A meaningful, inclusive and participatory national dialogue is one of the most effective tracks to resolve the ongoing social, political and human rights crisis. Unfortunately, in the current circumstances it seems unlikely, given the measures taken by the Government against relevant parties, incarcerating or forcing them into exile.

OHCHR regrets that the State has not adopted institutional reforms in the justice, security and electoral sectors, nor with respect to the national human rights institution. Similarly, it has not introduced reforms to criminal and administrative legislation, maintaining in force a set of laws that severely restrict personal liberty and other fundamental freedoms, presumption of innocence, participation.

The State has failed to address any of the recommendations made regarding accountability and the fight against impunity for the gross human rights violations committed since April 2018. OHCHR has no record of any convictions against members of the security forces for human rights violations that have occurred since 2018. We could only be able to document two convictions against pro-government elements, which were not carried out. Similarly, the State has not complied with the recommendations to refrain from arbitrarily detaining more persons who dissent with the Government and to release all detainees. Recommendations aimed at guaranteeing the prohibition of ill-treatment and torture of persons under State custody have not been complied with either.

Recommendations related to women's rights and spending on health, education and children's rights, as well as women’s participation in public affairs have been partially implemented. I note, however, that the absence of updated public official information and the Government's refusal to provide information to OHCHR, the Special Procedures of the Council and the Treaty Bodies have made it difficult to assess other possible achievements and progress.

Distinguished President,

To be able to move forward in the search for solutions, it is crucial that the Government acknowledge and address the root causes of the crisis.

The recommendations made by the High Commissioner in all her reports constitute a roadmap, proposing concrete actions to support Nicaragua in this task, and thus move towards overcoming the current critical situation, with the essential support of the international community. I urge the international community to sustain its efforts and engagement, including, most urgently, to keep calling on the authorities for the release of the arbitrarily detained persons

OHCHR will continue to monitor the human rights situation and is ready to engage with the Government within the framework of its mandate and guided by human rights norms and standards.

Thank you.