The arbitrary closure of hundreds of civil society organizations in Nicaragua is very worrying and would have a chilling effect on activists and human rights defenders throughout the country, a group of UN experts* warned this Friday. this Friday.
In a letter** addressed to the Nicaraguan government on Monday, the UN experts assured that the cancellation of the legal personality of hundreds of associations “represents a clear pattern of repression of civic space.”
In the letter, they echoed a statement of the UN High Commissioner for Human Rights at the beginning of the year, regarding the repression of civil society in Nicaragua.
In addition, they expressed shock about the scope of the closures by the National Assembly at the request of the Government. They accounted for the closure of more than 700 organizations, 487 of them in the past month alone.
Although the closure of civic space has been observed since the 2018 crisis, the closure of organizations has accelerated as a consequence of the Law on the Regulation of Foreign Agents (2020) and the General Law on the Regulation and Control of Non-Profit Organizations which recently entered into force.
In anticipation of the entry into force of said law, the experts provided their legal analysis and expressed their concerns. In particular, the rule imposes extensive administrative and registration procedures, such as the disclosure of beneficiary data, and significantly limits external financing. So far, the experts have not received a response to their comments.
Misuse of anti-terrorism laws
“We regret to observe, once again, the misuse of anti-terrorism and anti-money laundering laws to unnecessarily and disproportionately restrict the activities of civil society and fundamental freedoms”, the experts said, referring to a global trend.
They detailed that the closures not only affected human rights organizations, including those that work for the rights of women and indigenous peoples, but also those that promote democratic values and that fight against the negative effects of climate change.
The closures also affect associations that provide humanitarian aid and medical services, as well as educational, cultural and artistic institutions, and religious foundations.
“This situation will have even more devastating consequences on marginalized people and groups who depend on these services for their survival, for example, rural and indigenous communities, children, youth, women and asylum seekers,” the experts said.
They also expressed concern about the dissuasive effect that these closures have on civil society actors.. Hundreds of activists have already fled the country to seek refuge in neighboring states given the risk of retaliation, they added.
“We urge the State to refrain from decreeing more closures and to immediately revoke these restrictions on associations. A functional, strong and diverse civic and political space is crucial for any democratic country,” the experts said.
lack of investigations
For its part, the UN Committee against Torture was concerned about the lack of investigations into the use of lethal force, arbitrary detentions, acts of torture and ill-treatment, as well as forced disappearances by the National Police, plainclothes agents and other actors during the 2018 protests and during the 2021 electoral process.
The Committee urged Nicaragua to carry out prompt and independent investigations into these acts and to provide adequate reparation to the victims.
He also asked that Nicaragua guarantees the legal guarantees of all detaineestake the necessary measures to prevent repression and violence against human rights defenders, journalists and political opposition leaders, and release those arbitrarily detained.
With regard to the serious conditions of detention in prisons and judicial complexes, including the situation of women, the Committee asked Nicaragua to guarantee that the conditions of detention fully comply with United Nations standards, especially the Nelson Mandela Rules. and the Bangkok Rules, ensuring adequate medical care for persons deprived of liberty.
*The experts: Clément Nyaletsossi Voule, Special Rapporteur on the rights to freedom of peaceful assembly and association; Mary Lawlor, Special Rapporteur on the situation of human rights defenders; irene khan, Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression; Francisco Cali Tzay, Special Rapporteur on the rights of indigenous peoples; David R Boyd, Special Rapporteur on human rights and the environment; Saad Alfarargi, Special Rapporteur on the right to development; Michael Fakri, Special Rapporteur on the right to food; Tlaleng Mofokeng, Special Rapporteur on the right of everyone to the enjoyment of the highest attainable standard of physical and mental health; Working Group on discrimination against women and girls: Melissa Upreti (Chairwoman), Dorothy Estrada Tanck (Vice President), elizabeth broderick, Ivana Radacic Y Meskerem Geset Techane; Fionnuala Ni Aolain, Special Rapporteur on the promotion and protection of human rights and fundamental freedoms while countering terrorism; Alexandra Xanthaki, Special Rapporteur on cultural rights;
The Special Rapporteurs are part of the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN human rights system, is the general name for the independent investigation and monitoring mechanisms established by the Council to address specific country situations or thematic issues around the world. The experts of the Special Procedures work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent of any government and organization and act in their individual capacity.
** Allegation letters from holders of Special Procedures mandates are available to the public 60 days after being sent to the State, in the following database: https://spcommreports.ohchr.org/
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