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Nicaragua - Universal Periodic Review

UPR 33, May 15, 2019
Recommendations by Canada

Background

According to UPR Info, in the first two cycles of the Universal Periodic Review (UPR), Nicaragua received 341 recommendations, of which 258 were accepted (an acceptance rate of 76%). Canada’s previous recommendations to Nicaragua were related to separation of powers, independence in the judiciary, freedom of opinion, expression, press, association and peaceful assembly.

Although there were already serious concerns regarding rule of law and the limitation of fundamental freedoms in Nicaragua, the situation has drastically deteriorated since the beginning of massive protests in April 2018. State forces, with the aid of paramilitary groups, used disproportionate and lethal force to repress the movement. As a result, the Inter-American Commission for Human Rights and the Office of the High Commissioner for Human Rights have reported at least 325 deaths and over 2,000 injured persons. Human rights groups have also denounced arbitrary detentions and trials of protestors. There are also allegations of mistreatment and torture of detainees.

Authorities and paramilitary groups have harassed and threatened protestors and human rights defenders. This violence contributed to more than 52,000 Nicaraguans seeking refuge in neighbouring countries. The government has curtailed the exercise of fundamental freedoms, including freedom of expression, opinion, association and peaceful assembly. During the past year, several prominent civil society organizations, including human rights organizations, have had their legal status revoked, their offices raided, and property removed. Journalists covering the 2018 crisis have been subject to threats, arrest, attacks and even death.

Nicaragua has also generally curtailed international oversight. The government ended the mandates of the OHCHR and the Interdisciplinary Group of Independent Experts (GIEI) in August and December respectively, and prematurely terminated the mandate of the Special Monitoring Mechanism for Nicaragua (MESENI) in December.

Despite recent agreements to release all political prisoners and stated commitments to respect human rights, concerns remain about the government’s willingness to fulfill these commitments and establish responsibility for deaths and other human rights violations which occurred in the context of the protests. 

Recommendations

Thank you, Mr. President.

Canada acknowledges that the National Dialogue has led to some progress on issues such as the liberation of prisoners, and that a genuine and inclusive national dialogue process is essential. However, Canada is deeply concerned by the deteriorating situation of human rights since the last UPR.

Canada recommends that Nicaragua:

1. Expeditiously release all prisoners as per the announcement made in the context of the National Dialogue, including those arbitrarily sentenced for their participation in social protests.
2. Take steps to guarantee full enjoyment of human rights and fundamental freedoms, including freedom of expression, of the media, of association and of peaceful assembly, and refrain from further acts of intimidation or reprisal, including by paramilitary groups.
3. Resume cooperation with the OHCHR, IACHR and other relevant human rights bodies, and consider the implementation of recommendations made in their reports. 
4. Adopt a thorough and transparent accountability process to ensure access to justice and reparation for the victims of human rights violations and abuses.

Canada also calls upon Nicaragua to implement electoral reforms that will guarantee free, fair, transparent and timely elections, ensuring respect for democratic rights.