In March 2021, the Human Rights Council voted Resolution 46/2, which strengthened the High Commissioner for Human Rights Michelle Bachelet’s monitoring mandate on the human rights situation in Nicaragua. On March 7, Bachelet delivered to the Council her Office’s (the OHCHR) written report, in which she concludes to a ‘pattern of egregious abuses of civil and political rights, resulting in the unjustified suppression of dissident political viewpoints.’ She makes 13 suggestions to the government, including that it:
- Releases all arbitrarily imprisoned individuals as soon as possible;
- Stops and punishes assaults on human rights advocates and journalists;
- Restore the legal status of civil society organizations, political parties, and media outlets.
- Restore the rule of law by rewriting all restrictive legislation and overhauling the country’s judiciary and security systems;
- Resumption of cooperation with UN human rights institutions, notably by granting the OHCHR and regional organizations access to the nation.
During a dedicated meeting with the High Commissioner, 19 delegations – including regional actors such as Chile, Ecuador, Uruguay, Peru, Paraguay, and Argentina – expressed grave concern about Nicaragua’s human rights situation, urging the authorities to resume cooperation as soon as possible and release those arbitrarily detained. The Nicaraguan delegation did not respond to the High Commissioner’s concerns, instead accusing him of ‘manipulation’ based on the ‘economic and political objectives of imperialist nations.’ The Government was supported by 11 diplomatic allies, including North Korea, Venezuela, Cuba, Syria, China, and Russia, who are accustomed to offering mutual assistance to escape UN attention for major transgressions.
There is an urgent need for longer-term responsibility.
The Colectivo 46/2, a coalition of 21 national, regional, and international organizations – including ISHR – documented over the last year, using publicly available information from the UN and Inter-American systems, the absence of any initial steps taken by the Nicaraguan government to implement any of the recommendations contained in Resolution 46/2.
Such evidence shows to the Nicaraguan government’s complete lack of cooperation with UN and regional human rights authorities, emphasizing the necessity for the international community to take stronger action.
Furthermore, the Nicaraguan government has: refused to answer to any issues posed by the Committee on Economic, Social, and Cultural Rights during its assessment in September 2021, thereby failing to meet its treaty responsibilities;
- Rejected all technical support offered from the OHCHR, including its Regional Office in Panama, as revealed by the High Commissioner and her Deputy in Interactive Dialogues with the Council in December 2021 and March 2022;
- Denounced the Organization of American States Charter, despite the fact that the Inter-American Commission on Human Rights restated its authority over Nicaragua for the two-year period until the Government’s decision takes effect;
- Refused to allow the restoration of OHCHR and Inter-American presences on the ground since they were ousted in late 2018.
Nicaragua has demonstrated that it does not fear being diplomatically isolated since Daniel Ortega’s reelection in November 2021, despite a deeply flawed electoral process: this reduces the leverage on the government of ongoing UN monitoring efforts and short-term political pressure at the Human Rights Council. As a result, it is critical to take up action by setting the framework for long-term responsibility for egregious human rights breaches in the shape of future national and international judicial systems.
Bachelet underlined in her written report her prior request that the Human Rights Council increase the OHCHR’s monitoring and public reporting mandate, as well as ‘examine other steps to ensure accountability for egregious human rights abuses.’
At the Human Rights Council, states are currently negotiating a draft resolution presented by a group of countries – Brazil, Canada, Chile, Colombia, Costa Rica, Ecuador, and Paraguay – that would establish a group of three human rights experts mandated to investigate serious human rights violations since 2018, identify perpetrators, collect and preserve evidence, and provide recommendations to the Nicaraguan government. The proposed resolution further increases the High Commissioner’s mandate, which is complementary to that of the group of human rights experts due to its flexibility and focus on monitoring.
WCHR urges Human Rights Council members to approve the present draft resolution establishing a group of human rights experts on Nicaragua and enhancing the High Commissioner’s monitoring and reporting role.