Freedom of Expression
Press release R218/22
In light of serious allegations regarding the closure of civic spaces
in Nicaragua, UN and IACHR Special Rapporteurs urge authorities to comply with
their international obligations to respect and guarantee fundamental freedoms
September 28, 2022
Geneva / Washington D.C. – In light of the closure and
government co-optation of civic spaces and democratic participation in
Nicaragua, the United Nations (UN) Special Rapporteur on Freedom of Peaceful Assembly
and of Association and the Special Rapporteur for Freedom of Expression of the
Inter-American Commission on Human Rights (IACHR) urge the State to restore and
reimplement the full enjoyment of civil and political rights, in particular
freedom of expression, peaceful assembly, and association. They also call for
the international community to raise their commitment to support the victims of
the human rights crisis.
Restrictions on fundamental freedoms have reached a
critical point in Nicaragua. The complaints received by the Special Rapporteurs over the course of this year show that there is no
longer any space for critical voices, as the Government’s censorship strategy
has been steadily deployed against any person that questions it and against all
available areas of democratic participation. Since April 2018, more than 2000 organizations
of civil society - linked to political parties, academic, and religious spaces
– have been cancelled. Last July, UN experts expressed their concern over the arbitrary shutdown of hundreds of civil
society organizations and denounced that it represents "a clear pattern of
repression of civic space". Furthermore, attacks and unlawful interference with
the freedom of the media is a serious trend that has increased in the last four
years. Since then, at least 54 national media outlets have been closed, and the
occupation and confiscation of the facilities of the media outlets 100%
Noticias, Confidencial, and La Prensa continues. The
censorship strategy has also extended to the international press, creating a
siege that hinders and prevents the circulation of relevant information about
what is happening in the country: in recent years, the Government has prevented
the entry of journalists from foreign media on at least seven occasions, and
recently took CNN en Español off the air, without making public the
reasons for the decision. In their onslaught against all forms of independent
expression, the authorities have also banned religious processions; prevented
academics and researchers from entering the country; pushed to censor and veto
writers; expelled musicians from the country; and violently arrested priests
and other critical religious leaders.
The attacks, judicial persecution and activation of
control and surveillance mechanisms against journalists, human rights
defenders, civil society actors, academics, students, members of the Catholic
Church, political parties and government opponents not only represent a clear
violation of human rights and the principles of the rule of law but also have a
humanitarian impact. Currently, according to information documented by the
IACHR's Special Monitoring Mechanism for
Nicaragua (MESENI), the number of
political prisoners stands at more than 200, many of whom are held in unhealthy
conditions, without access to adequate medical care, subjected to solitary
confinement regimes, and prevented from receiving visits from their families,
among other cruel, inhuman, and degrading treatment.
In view of the facts reported, the Rapporteurs express
their strong rejection and recall the following:
First, the
State of Nicaragua must immediately cease the judicial persecution of all dissenting
voices, release those imprisoned for political reasons and
ensure prompt, impartial and thorough investigations into allegations of human
rights violations, resulting in those responsible being held to account and
effective remedies being provided to the victims.
The actions perpetrated by the authorities directly violate the rights to
freedom of expression, peaceful assembly, and association and have generated a
notable effect of self-censorship among Nicaraguan citizens, who in many cases
decide to silence themselves in fear of being the target of retaliation and to
protect their personal integrity and that of their families.
Second, the
authorities must refrain from using the law arbitrarily and selectively and
from applying abusive governmental practices to hinder or restrict citizen
participation and freedom of expression, peaceful assembly, and association.
The closure and widespread cancellation of civil society organizations and
media outlets highlights the governmental co-optation of civic space and the
intention to consolidate the official narrative as the only permitted
discourse, which is deepened by official propaganda strategies and pressures to
replicate it.
Third, the
Rapporteurs urge the State of Nicaragua to guarantee the life and integrity of
persons deprived of their liberty, with unrestricted respect for human dignity.
They also call on the international community to improve their monitoring of
the situation of political prisoners and to encourage the compliance with their
fundamental rights and freedoms, and to take humanitarian support measures in
accordance with the seriousness of the allegations received.
Fourth, the
Rapporteurs call on States to offer protection and humanitarian assistance to
the various actors of Nicaraguan civil society who are forced into exile in the
wake of the social, political, and human rights crisis. Under international
human rights law, refugee law, and international humanitarian law, States are
called upon to open their borders and guarantee emergency entry into their
territory to civil society actors seeking international protection or
demonstrating urgent humanitarian needs, including recognition of refugee
status.
Within the framework of their mandates and functions,
the Rapporteurs emphasize their commitment to continue promoting and defending
the re-establishment of rights to freedom of assembly, association and
expression of Nicaraguan society. They also expressed their willingness to
visit the country and offer technical advice. Finally, they reiterate the calls
and recommendations made in the Joint Declaration on Protecting And
Supporting Civil Society At-Risk (2021)
and the Joint Declaration on Protecting the
Right To Freedom of Peaceful Assembly in Times Of Emergencies (2022) and hope that the set of international
instruments and multilateral human rights mechanisms can contribute to the
restoration of the rule of law in Nicaragua.
*The experts: Clément Voule, United Nations (UN)
Special Rapporteur on Freedom of Peaceful Assembly and Association; Pedro Vaca
Villarreal, IACHR Special Rapporteur on Freedom of Expression.
R218/22