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

Good afternoon and welcome to this press conference at the Pali de Nacion in Geneva.

We're pleased to have with us 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.

We've also just put out a press release accompanied by the report to the members of the media, so we should all have that by now.

And so here with us in the middle is the chair of the Group of Experts, Jan Simon, and to his right, Angela Buitrago.

So Mr Simon will read an opening statement and then we'll open the floor to questions.

Please note that this press conference will be held exclusively in English.

If you have questions in Spanish, please contact us afterward, and we'll be happy to arrange for you to speak to the experts directly.

Now I pass the floor to Mr Simon and then who will deliver opening remarks, and then we'll take your questions.

Thank you.

Thank you for that.

So serious systematic human rights violations tend to amount to crimes against humanity continue to be perpetrated in Nicaragua for political reasons by the government.

President Ortega, Vice President Morillo and the **** level state officials identified in the investigation should be held accountable 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, security, integrity of the person are less prevalent today, and then instead, in particular, since 2023, there has been an exponential increase of presidential violations focusing on incapacitating any kind of opposition at the long term.

Nicaragua is caught in a spiral of violence work by the persecution of all forms of political opposition, whether real or 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 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 or 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 US also highlights the consolidation and centralization of Allstate powers in the hands of President Ortega and Vice President Murillo, particularly the 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 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 and 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 Morello.

Thank you, Mr Simon.

Now we open the floor to questions.

First, we'll go to the room.

If we if you have any questions, please identify yourself and the media outlet that you work for.

We can go here on the front on the left.

Thank you, Isabel Sakov with the FA, the Spanish Research Agency.

I would like to ask you about a visit yesterday by a Russian **** official, security official from Russia.

And he visited yesterday, Managua, and he met there with President Ortega, another representative from other countries like Venezuela, Cuba and Bolivia.

And I would like to know if, because it's clear that Russia seeks to have a greater influence in the region.

So do you, do you, do you think that these can increase the sense of confidence of the government and increase its sense of impunity because he it, he feels that he is protected by a big power?

Our mandate is related to the human rights situation in in Nicaragua.

And this is 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.

This would be a very serious case.

As to now, we do not have enough information 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 today we do not have it.

Thank you.

Any more questions from the room?

Yes, OK.

Jamie Keaton from Associated Press.

Thank you.

Mr Simon.

What is the solution for Nicaragua?

Like what does does Mr or does President Ortega have to leave power for the country to, to, to, to see an end to all these rights violations that you're talking about?

That the government of Nicaragua ceases to violate 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.

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 we're 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 midterm will work out, you 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 cannot be like in the last two reports of the International Money Tariff Fund regarding 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 their mandate under Article 4 and make the Nicaraguan government comply with standards they should stick In order to get funds from the Fund.

The same applies.

And this we have also addressed as to compliance with non trade political objectives in accessing and getting a preferential access to markets.

So this is I've 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.

Thank you.

We'll take another question here on.

On that question is and what exactly the IMF can exactly what concretely what do you call them to to do to cut funds to to put conditions 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 preferential tariffs to to many countries.

Could you exactly give us more details on what exact what countries do you think are the major as the mayor trade partners of Nicaragua and 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, the KAFT agreement has 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 European Union.

I don't know whether you're familiar to the issue, but there is and has been in the past issues regarding the free trade agreement between the European Union and Central America, where Nicaragua is part of it.

The free trade pillar of the agreement had been provisionally applied to commercial relations without applying 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 Valoni 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 NTPOS 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 Commission will assess NTP OS in the agreement with Nicaragua and the the consequences of not complying with these conditions is finally to suspend a country from the beneficiary of the free trade agreement.

And as to the International Monetary Front, Article 4.

Consultations between Member States and the IMF have hard conditions on assessing issues that are related to to governance and one of the hardest issues that you have, there is a rule of law and the situation 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 IMF under their Article 4 consultations, I don't know what are are the conditions that they're 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 IMF, 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 at losing finances from the International Monetary Fund.

And there's one issue that was not addressed by you, but I will take it up.

It is related to money laundering and the recommendation eight of the International Financial Action Task Force that relates to legislation on controlling money laundering when handled or when assets are handled by non governmental organisations.

Precisely these rules have been used in order to and nicolate more than 3000 organisations of the of the civil society.

So we invite the FATF and the Member states of the FATF who sit in the Directorate to take seriously 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 FATF.

So one might wonder what informed the decision of the FATF in having Nicaragua getting out of the grey list, given the situation of lack of transparency and rule of law in the country.

Thank you.

Mr Simon, do we have any more questions from the room?

Another one from Associated Press.

Thank.

You sorry to monopolise it.

It looks like the Isabel and Jamie show today.

I just had a quick question about you mentioned IMF and the United States and trade partners.

One of the common refrains that we've heard out of Nicaragua from the government for years has been the influence of the United States in the country.

And I just was wondering, 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 a 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?

Anybody online going once, going twice?

OK, we have one question from Gabriela.

Please go ahead.

Oh, sorry.

Go ahead.

Gabriella will come to you, Maria, in a second.

Yes, thank you very much.

If international community stays still, what is the perspective for Nicaragua?

What can you see and if you have any evidence of Mr Ortega involved in narco activities, drug related crimes or something like that?

Thank you very much.

According to the final declaration within the UN on the responsibility to protect, it is up to the international community.

Once a body of the UN or somebody or somebody mandated like us to investigate your serious human rights violations and comes to the conclusions of crimes on the 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 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 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 that compromise on the responsibility to protect.

Now once again, related to our mandate, we're a mandate 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, 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.

We'll take another call.

Sorry, another question online.

Apologies, Maria.

Alejandra, we skipped you.

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

Yes, thank you.

Maria Alejandra Estigueta from El National, Venezuela.

I wanted to pose a question regarding the, the, the way that apparently financial institutions are behaving in a complacent way and trade partners, Nicaraguan trade partners, that is US and the EU.

And I was wondering if if Mr Simon could tell us a bit what, how, how would you see this them pulling out of the country and if this would not push Nicaragua for to further alliances with Russia, China and other countries, the autocratic countries.

So would this not have a backlash that would be that would entail an even worse or worse in the situation?

Thank you very much.

There's always a bubble effect that you would find in terms of sanctions and in terms of, though this is not a sanction of conditioning, for example, financing.

And it is up to the actors then to balance out what is more promising in order to lead to the overall objective that is to make the government change their conduct in terms of 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 in a way that is reasonable in order to have some leverage in this regard.

So definitely difficult to answer those 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.

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

Have a good day.

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