UN Geneva - Multimedia Newsroom : HRC Press conference of Human Rights Experts on Nicaragua

good afternoon. And, uh, welcome to this press conference at the

Pale de Nion

in Geneva.

We're pleased to have with us, uh, here today,

the group of human rights experts on Nicaragua

who are here to share with you the findings of their latest report.

As you may know,

the Human Rights Council established the group of experts in March of 2022

to investigate all alleged human rights violations and

abuses committed in the country since April 2018.

The group released their latest report today and

presented their findings to the Human Rights Council

in the session that just ended.

Uh, we've also just put out a press release accompanied by the report to the, uh,

members of the media.

So we should all have that by now.

Um, and so here with us, uh, in the middle, uh, is the chair of the group of experts, Uh,

Jan, uh, Simon

and, uh, to his right. Angela

Buitrago.

Um uh, So Mr Simon will read an opening statement,

and then we'll open the floor to questions.

Uh, please note that this press conference will be held exclusively in English.

Um, if you have questions in Spanish,

please contact us afterward and we'll be happy to arrange, uh,

for you to speak to the experts.

Uh, directly.

Um, Now I pass the floor to Mr Simon and then who will, uh, deliver opening remarks,

and then we'll take your questions.

Thank you.

Thank you for that. Uh,

so serious systematic

human rights violations tend to mount to

crimes against humanity continue to be perpetrated in

Nicaragua

For political reasons by the government,

President Ortega, uh, Vice President Murilo

and the high level state officials identified

in the investigation should be held accountable,

uh, by the international community,

as should Nicaragua as a state that goes after its own people targeting

university students,

indigenous people,

people of African descent,

campesinos

and members of the Catholic Church and other Christian

denominations.

Our report found that the persecution by the government of Nicaragua

of real or perceived opponents

has become more refined. Since our last report

violations, abuses and crimes

have been perpetrated not only

to dismantle active opposition

efforts,

but they are also perpetrated

to eliminate

all critical voices

and dissuade

in

the long term

any new organisation

and initiative of social mobilisation

in the country

as a government has moved closer

to its goal

of total destruction

of critical voices

in the country.

Patterns of violence of the right to life

uh, security

integrity of the person

are less prevalent today

and instead

in particular. Since 2023

there has been an exponential increase

of prevalence, of violations focusing

on incapacitating

any kind

of opposition.

At the long term,

Nicaragua is caught in a spiral

of violence

worked by the persecution

of all forms

of political opposition,

where the real

are perceived

both domestically

and abroad.

In addition,

the government has solidified a spiral

of silence,

incapacitating any

potential opposition.

The persecution extends beyond Nicaragua's borders,

with Nicaraguans abroad facing deprivation of nationality

and legal identity,

lack of access

to official

documentation

and consular support,

as well as

other violations impeding

family reunification

and effective

extensively conditions for earning a living abroad.

Nicaraguan citizens have been left statelessness

and devoid to access,

uh,

to regal remedies,

and many Nicaraguans are suffering from similar

conditions caused from statelessness.

Family members of victims of human rights violations are themselves victimised

by the government only for being related

to real or perceived government opponents.

These violations, by extension,

are particularly serious when they affect Children.

Children have been subjected to violations due to their relationship

with

or activities and our opinions expressed

by their parents

or family members.

Many Children have been separated from parents who were expelled

or banned

from entering Nicaragua,

and some have been denied valid passports to join their parents.

The report of

UH US also highlights

the consolidation and centralization of all state powers

in the hands of President Ortega

and Vice President

Morelo,

particular the

cult, uh, total control

exerted

over the judicial branch.

Centralization of power not only ensures impunity

for perpetrators,

but also undermines efforts towards accountability.

The government has ensured

that it remains in an increasingly solid bubble

to per

per,

uh per

perpetuate sorry

itself

in power

and annihilate

anyone

attempting to break that bubble.

In this context, the amnesty law from 2019

further entrenches impunity by shielding serious

human rights violations.

These violations include extrajudicial executions, arbitrary detention,

torture

and persecution.

Such amnesty provisions are incompatible

with Nicaragua's obligations under international human rights law,

particularly under international

human rights law,

applying regarding the convention against torture and other cruel,

inhumane and degrading treatment or punishment.

We call on the government to

immediately release

all persons arbitrarily deprived of their liberty,

cease violations, abuses and crimes,

particularly persecution on politically motivated grounds,

and undertake exhaustive,

independent

and transparent investigations of documented violations, abuses and crimes

to hold perpetrators accountable.

We urge the international community

to take immediate action

by expanding sanctions against individuals and

institutions involved in human rights violations.

Sanctions

are a minimum form of accountability

in a country where impunity and criminalising democracy is the rule.

We also call on the international community

to make use of its findings

that we have here

presented today in the Council

in security, financial and trade relations and policies,

be it within the framework of the Financial Action Task Force,

the International Monetary Fund,

or when conditioning preferential access of Nicaragua to

markets on compliance with non trade political objectives.

The effect

on the Nicaraguan population is devastating,

and it will take the people of Nicaragua

and the international community a significant

amount of time and resources to recover

everything lost under the rule of President Ortega and Vice President Morelo.

Thank you, Mr Simon. Um, now we open the floor to questions.

Uh uh, First we'll go to the room if we If you have any questions, please.

Uh, identify yourself and the

media outlet that you work for. Um, we can go here on the front, on the left.

Thank you.

Isabel

Sako

with

the Spanish Research Agency.

Um, I would like to ask you about a visit yesterday by a Russian, uh, high official,

um, uh,

security official from Russia,

And he visited yesterday. Managua. And

he met there with President Ortega and other representative from other countries,

like Venezuela, Cuba, um,

and Bolivia.

And I would like to know if

because it's clear that the Russia seeks to

have a greater influence in the region,

So do you. Do you Do you think, uh,

that, um,

this can,

increase the sense of confidence,

uh, of the government,

Uh, and increase, um, its sense of, uh, impunity. Because he it he feels that

he is, uh, protected by a big power.

Our mandate, uh, is related to the human rights situation

in in Nicaragua. And, uh, this is, uh, what we are mandated to investigate

if there are

any relations

regarding violations in the country.

with

other states

and or

other states

supporting

the lack of accountability

and impunity actively

in the country.

Um, this would be a

very serious case.

As to now, we do not have enough information.

Uh, that would make us

to conclude

that there are other countries involved

in perpetuating the human rights situation in the country. Nor do we have

enough information

on countries

that would support perpetuating impunity.

It would be a matter of concern,

certainly for our mandate to address these questions

if we would have substantive information on this. But

up to today, we do not have it.

Thank you.

Um, any more questions from the room?

Yes. OK, uh, Jamie Keaton, Uh, from Associated Press.

Thank you, Mr Simon.

what is the solution for Nicaragua?

Like, what,

uh does does Mr or does President Ortega have to leave power for the country to, uh,

to to to see, uh,

an end to all these, uh, rights violations that you're talking about

that the government of Nicaragua ceases to violate. Uh,

the ongoing

human rights violations

is addressed

by our recommendations. In order to get some

leverage of the international community

to make Nicaragua

get back to the path of rule of law

and the respect for human rights.

And

we have

reached out at the beginning of our mandate to

the government in order to establish a dialogue.

It wasn't possible.

And so do have other actors,

be it within

multilateral organisations on a bilateral level.

At present,

we are convinced

that only joint efforts

in the international community,

and in particular

were leveraged

by

multilateral

agencies can be used in order

to make the government rethink.

What they're doing

is

one of the options

that you have.

Whether this at the

mid term will work

out, we will see. But we have first to try it.

And in particular,

this is addressed literally in our report.

The role of the International Monetary Fund in

this is crucial.

It can be,

um, like

in the last two reports,

uh, of, uh,

the international money, uh, tariff fund regarding,

uh,

governance issues

on

the use of IMF funds

linked

in particular to questions of the rule of law,

is addressed in the way that it has addressed

in the last two reports.

So they must take

serious action

in order to evaluate the situation related

to,

uh, their

mandate under Article four

and

make,

uh, the Nicaraguan government,

comply

with standards.

Uh,

they should stick in order to get

funds from the

fund.

The same applies.

And this we have also addressed,

uh, as to compliance

with

non trade political objectives in accessing

and getting

preferential access

to markets. So this is at

present what we think

is one way

to put some leverage on the government

within the country.

One of our main conclusion is

that there is literally no civic space anymore. No opposition anymore.

The only thing you can do is from outside

from outside.

Ok, um, thank you. Um, we'll take another question. Uh, here on

on. That question is, um and what, exactly? Um, the IMF can

exactly what? Concretely what do you call them to to do,

to cut funds to to put, uh

Conditions. Um, exactly.

To To help the good government governance in in Nicaragua.

And also excuse me and on the trade issue. Also,

the fact that the the the the fact that the the

country can export at the preferential tariffs to to many countries.

could you exactly um, be, uh um uh give us more details. On what exact what countries.

Do you think are the major

are the major, um, trade partners of Nicaragua and, uh, the United States Europe.

Who are you asking

to To to do something in in trade terms.

Yeah, thank you very much for your interesting question.

Like the I will begin with the second one.

The main trade partners are the US and the European Market.

Regarding the US

theft agreement as

conditions on the human rights and rule of

law situation in countries that should be enforced,

our reports are clear evidence that

the country doesn't comply

with

the so called non trade political objectives

in

the

relations are

on accessing

markets,

and the same applies to the European Union. I

don't know whether you're familiar to the issue, but there is

and has been, in the past, uh,

issues regarding the free trade agreement between

the European Union and Central America,

where Nicaragua is part of it.

Uh, the free trade pillar

of the agreement

had been provisionally applied

to commercial relations without

applying,

uh, the human rights standards. They are also part of the convention.

And the only reason why they weren't applied is that the convention wasn't in force.

Now having Valon

finally agreeing

on the ratification of a free trade agreement between Central America

and the European Union. The whole convention will get into force.

And when this is the case,

then you will have the

applied directly

to commercial relations with Central America, in particular Nicaragua.

And there again,

our findings are the ones that should be then applied.

When the commission will assess

in the agreement with Nicaragua

and

the consequences of not complying with its conditions is

finally to suspend a country

from

the beneficient of the Free Trade Agreement.

And as to the International Monetary Fund article

for,

uh, consultations between member

states

and the IMF,

have hard conditions, uh,

on assessing, uh, issues that are related

to to governance and one of the

hardest issues that you have There is the rule of law

and the situation,

uh, that are related to the rule of law.

We have come to the conclusion of total impunity, incomplete destruction

of the justice system.

So if this is not an issue to be assessed by

under their Article four consultations,

I don't know what are the conditions that they are addressing there,

and if you get a bit closer and I invite you as a journalist to look closer

to these reports and in particular,

the last report that has been approved by the Directorate of the

you will find a clear

difference between their assessment and our assessment of the justice system.

And if this is the case

and they would

take seriously our

conclusions,

this definitely conditions funds of the International Monetary Fund.

So if you do not comply with this,

you are at risk of losing finances from

the International Monetary Fund

and there's one issue that was not addressed by you, But, uh uh uh, I

will take it up.

It is

money laundering

and the

recommendation eight

of the International Financial Action Task Force

that relates

to legislation on controlling money laundering.

Uh, when handled

or when assets are handled by

non governmental organisations. Precisely.

These,

uh, rules

have been used in order to

and manipulate more than 3000

organisations of the social, uh, of the civil society.

So we invite uh,

the FAA F and the member states of the FA

TF who was sitting in the directorate to take seriously,

uh,

our analysis in this regard

and to do no harm.

And in addition to this,

Nicaragua is one of the few countries that has recently

been released from the grey list of the FAA F.

So one might wonder, uh, what informed

the decision of the

in

having Nicaragua getting out of the grey is given the situation of

lack of transparency in the rule of law in the country.

Thank you, Mr Simon. Uh, do we have any more questions from the room?

Another one from Associated Press.

Thank you.

Uh, sorry to, uh, monopolise it looks like, uh, the Isabella and Jamie Show today.

I just had a quick question about, uh uh,

you mentioned IMF in the United States and Trade Partners.

Um, one of the common refrains that we've heard out of, um,

Nicaragua from the government for years has

been the influence of the United States.

Um, in the country.

Um, and I just was wondering, um, what do you make of the claims that

the United States may have tried to orchestrate the coup in 2018,

and what has been the fallout for that is is this scapegoating in the United States?

Is there any validity to it in your view,

and And what has been the impact of that on human rights?

Thank

once again. Thank you for your question. We address the

human rights situation in the country, and if there is no

direct link to this, we would not have an opinion on this.

As to the question of the colleague regarding Russia,

if there is a link that could be traced directly to the human rights situation,

we would be happy to dig a bit deeper into this.

But as

up to now, we do not have enough information regarding this.

Ok, any more questions

from the room?

Uh, anybody online?

Going once,

Going twice.

OK, we have one question from, uh uh, Gabriella. Uh,

please, go ahead.

Oh,

sorry. Go ahead, Gabrielle. We'll come to you, Maria, in a second.

Yes, Uh, thank you very much.

Um, if international community stays still,

what is the perspective

for, uh, Nicaragua?

What can you see?

And if you have any evidence of, uh, Mr Ortega involved

in narco

activities, uh, drug related crimes or something like that.

Thank you very much.

Oh,

According to the

final declaration within the UN

on the responsibility to protect it

is up to the

international community. Wants a body of the UN

or somebody or somebody mended it like

us, uh,

to investigate serious human rights violations and comes to the

conclusions of crimes under international law to step up their efforts

to

make

members of the international community who commit this kind of

crimes

and violations of international law

to stop this.

There are several means to do this. One of the means I have addressed is a

multilateral

financial

architecture,

uh, of the international community. And there are other means to do this.

You

can also

enforce

human rights

through extending your jurisdiction in terms of criminal responsibility.

And you can hold

the state under the concept of state responsibility.

Accountable.

Uh,

if there is a jurisdiction in The Hague

for these violations.

So it is up to the

international community to take steps and initiatives

in order to

take seriously their compromise on the responsibility to protect.

Now,

uh, once again, uh, related to our mandate, we're a mandated to

investigate human rights violations. And

if there would be a link

to so called

Palermo crime activities

as related to drug trafficking and other things.

Uh, we would address this if there would be a direct link.

But as to up to now, we do not have enough information on this in order to

respond to your question.

Thank you. Um, we'll take another call. Uh, sorry. Another question online.

So Apologies, Maria. Alejandra. We skipped you.

If you could just identify the outlet that you work for. Um, please go ahead.

Yes, Thank you. Uh, Maria Alejandra is Teta

from El N

Venezuela.

Um, I wanted to, uh,

pose a question regarding

the

the way that apparently, financial institutions are behaving in a complacent way.

And, uh, trade partners, uh, Nicaraguan trade partners.

Uh, that is, uh, US and the EU.

And I was wondering if, um

if, uh, Mr Simon could tell us a bit

What? How How would you see this, Uh, them pulling out of the country.

And if this would not,

uh, push Nicaragua for to further alliances with Russia, China

and other countries, the autocratic countries.

So, uh, would this not have a backlash? That would be, um

that would entail, uh,

an even worse Worsen the situation.

Um, thank you very much.

Uh, there's always a bubble effect, Uh,

that you would find in terms of sanctions and in terms of, uh

though, this is not a sanction of conditioning, for example, financing.

And it is, uh, up to the actors, then to balance out uh,

what, uh, is more promising in order

to lead to

the overall objective

that

is

to make the government change

their conduct in terms of, uh,

violating human rights.

the international financial system is very complex,

and the sources of income of

countries are very complex in order

to

give you here an answer

that might be reasonable in order to come to one or another conclusion.

I think it is up to

the

different actors that have the leverage in direct votes in the Directorate

of Multinational

Institutions

to

coordinate,

uh, in a way that is reasonable in order

to

have, um,

some leverage in this regard.

So, uh,

definitely difficult to answer these questions

at the one shot here, so

I would leave it like that.

Ok, thank you. Any more questions from the room or online?

OK, I don't see any. So that brings us to the end of this press conference. Um,

thank you very much for joining us, and thank you all for being here.

Uh, have a good day

HRC Press conference of Human Rights Experts on Nicaragua - 29 February 2024